Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"accredited power station" means a relevant power station accredited under Division 3 of Part 2;
"approved interstate renewable energy regime" means a law of another State or a Territory approved under section 5;
"arrangement" means—
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct;
"business day" means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
"carried forward surplus" has the meaning given by section 64 ;
"certificate" means a renewable energy certificate created under Division 4 of Part 2;
"certificate surrender notice" means a notice issued under section 72 ;
"Commonwealth certificate" means a certificate within the meaning of section 5(1) of the Commonwealth scheme;
"Commonwealth nominated person" means a nominated person within the meaning of section 5(1) of the Commonwealth scheme;
"Commonwealth Regulator" means the Regulator within the meaning of section 5(1) of the Commonwealth scheme;
"Commonwealth scheme" means the Renewable Energy (Electricity) Act 2000 of the Commonwealth;
"Commonwealth scheme participant" means—
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(a) a person registered under the Commonwealth scheme; or
(b) a Commonwealth nominated person;
"Commonwealth scheme power station" means—
(a) an accredited power station within the meaning of section 5(1) of the Commonwealth scheme; or
(b) a power station provisionally accredited under Division 2A of Part 2 of the Commonwealth scheme;
"electronic signature" of a person means the person's unique identification in an electronic form that is approved by the ESC under sub-section (3);
"eligible renewable energy source" has the meaning given by section 22 ;
"energy acquisition statement" has the meaning given by section 67 ;
"ESC" means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001 ;
"ESC rules" means rules made by the ESC under section 113;
"excluded acquisition" has the meaning given by section 56 ;
"GWh" means gigawatt hour;
"monitoring warrant" means a warrant issued under section 104 ;
"MW" means megawatt;
"MWh" means megawatt hour;
"NEMMCO" has the same meaning as in the National Electricity (Victoria) Law;
"nominated person" , in relation to an accredited power station, means—
(a) if no approvals have been given under section 48 in relation to the accredited power station—the person who made the application for accreditation; or
(b) if one or more approvals have been given under that section in relation to the accredited power station—the last person so approved;
"notional scheme acquisition" has the meaning given by section 55 ;
"occupier" in relation to premises, includes a person present at the premises who is in apparent control of the premises;
"pre-scheme capacity" , in relation to an accredited power station, means that part of the capacity of the power station to generate electricity, measured in MW, that is specified by the ESC under section 17 to be pre-scheme capacity;
"premises" includes the following—
(a) a structure, building or vehicle;
(b) a place (whether enclosed or built on or not);
(c) a part of a thing referred to in paragraph (a) or (b);
"produce" includes permit access to;
"protected information" has the same meaning as in section 5(1) of the Commonwealth scheme;
"registered person" means a person registered under Division 1 of Part 2;
"register of accredited power stations" has the meaning given by section 81;
"register of applications for accredited power stations" has the meaning given by section 83;
"register of registered persons" has the meaning given by section 80;
"register of renewable energy certificates" has the meaning given by section 82;
"registration number" has the meaning given by section 11;
"related body corporate" has the same meaning as in section 50 of the Corporations Act;
"relevant entity" has the meaning given by section 60;
"relevant power station" means a power station—
(a) situated in Victoria; or
(b) situated in another State or a Territory in which an approved interstate renewable energy regime applies;
"renewable energy certificate shortfall" has the meaning given by section 64;
"renewable energy shortfall penalty" has the meaning given by section 62;
"renewable power percentage" means the percentage fixed under section 65;
"required GWh of electricity from eligible renewable energy sources" has the meaning given by section 66;
"required renewable energy" has the meaning given by section 64;
"scheme acquisition" means—
(a) a standard scheme acquisition; or
(b) a notional scheme acquisition—
but does not include an excluded acquisition;
"scheme capacity" , in relation to an accredited power station, means that part of the capacity of the power station to generate electricity, measured in MW, that is specified by the ESC under section 17 to be scheme capacity;
"small generation unit" means a device that—
(a) generates electricity using an eligible renewable energy source; and
(b) is situated—
(i) in Victoria; or
(ii) in another State or a Territory in which an approved interstate renewable energy regime applies; and
(c) is specified by the ESC rules to
be a small generation unit;
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"stakeholder" , in relation to an accredited power station, means—
(a) a person who operates the accredited power station (whether alone or together with one or more other persons); or
(b) a person who owns all, or a part, of the accredited power station (whether alone or together with one or more other persons);
"standard scheme acquisition" has the meaning given by section 54 ;
"warrant premises" , in relation to a monitoring warrant, means the premises to which the warrant relates;
"year" means calendar year.
(2) For the purposes of this Act, electricity is taken to be a good that can be acquired.
(3) The ESC may, in writing, approve an electronic form for the purposes of the definition of "electronic signature" in sub-section (1).