Clean Energy Amendment (International Emissions Trading and Other Measures) Act2012 (204 of 2012)
Schedule 1
Part 1 General amendments
Clean Energy Act 2011
53 After Division 4 of Part 3
Insert:
Division 4A - Own-use notifications
64A Voluntary own-use notification
If the conditions specified in the regulations are satisfied, a person (the recipient ) may give an own-use notification to a natural gas supplier in relation to a supply of natural gas by the natural gas supplier to the recipient.
64B Mandatory own-use notification
(1) If the conditions specified in the regulations are satisfied, a person (the recipient ) must give an own-use notification to a natural gas supplier in relation to a supply of natural gas by the natural gas supplier to the recipient.
Civil penalty provision
(2) Subsection (1) is a civil penalty provision .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
64C Method of giving own-use notification
(1) A person (the recipient ) gives an own-use notification to a natural gas supplier in relation to a supply of natural gas by the natural gas supplier to the recipient if:
(a) the recipient makes a statement to the natural gas supplier in connection with:
(i) the supply; or
(ii) a class of supplies that includes the supply; and
(b) the statement is in writing; and
(c) the statement sets out:
(i) the words “clean energy scheme - own-use notification”; and
(ii) the name of the recipient; and
(iii) if the recipient has an ABN - the ABN; and
(iv) such other information (if any) as is specified in the regulations.
(2) A statement under subsection (1) may be included in a contract, order or similar document, whether or not in electronic form.
64D Acceptance of own-use notification in relation to a single supply
Scope
(1) This section applies if a person (the recipient ) gives an own-use notification to a natural gas supplier in relation to a single supply.
Acceptance of own-use notification
(2) If the conditions set out in the regulations are satisfied, the natural gas supplier may, by written notice given to the recipient, accept the own-use notification.
(3) If the conditions set out in the regulations are satisfied, the natural gas supplier must, by written notice given to the recipient, accept the own-use notification.
(4) A notice given by the natural gas supplier under subsection (2) or (3) must set out:
(a) the words “clean energy scheme - acceptance of own-use notification”; and
(b) the name of the recipient; and
(c) if the recipient has an ABN - the ABN; and
(d) a description of the supply; and
(e) the name of the natural gas supplier; and
(f) if the natural gas supplier has an ABN - the ABN;and
(g) such other information (if any) as is specified in the regulations.
(5) A notice under subsection (2) or (3) may be included in a contract, order or similar document, whether or not in electronic form.
(6) If the natural gas supplier does not accept the own-use notification, this Act (other than this section) has effect as if the recipient had not given the own-use notification to the natural gas supplier in relation to the supply.
Civil penalty provision
(7) Subsection (3) is a civil penalty provision .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
64E Acceptance of own-use notification in relation to a class of supplies
Scope
(1) This section applies if a person (the recipient ) gives an own-use notification to a natural gas supplier in relation to a particular class of supplies.
Acceptance of own-use notification
(2) If the conditions set out in the regulations are satisfied, the natural gas supplier may, by written notice given to the recipient, accept the own-use notification.
(3) If the conditions set out in the regulations are satisfied, the natural gas supplier must, by written notice given to the recipient, accept the own-use notification.
(4) A notice given by the natural gas supplier under subsection (2) or (3) must set out:
(a) the words “clean energy scheme - acceptance of own-use notification”; and
(b) the name of the recipient; and
(c) if the recipient has an ABN - the ABN; and
(d) a description of the class of supplies; and
(e) the name of the natural gas supplier; and
(f) if the natural gas supplier has an ABN - the ABN; and
(g) such other information (if any) as is specified in the regulations.
(5) A notice under subsection (2) or (3) may be included in a contract, order or similar document, whether or not in electronic form.
(6) If the natural gas supplier does not accept the own-use notification, this Act (other than this section) has effect as if the recipient had not given the own-use notification to the natural gas supplier in relation to each supply included in the class of supplies.
Civil penalty provision
(7) Subsection (3) is a civil penalty provision .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
64F Misuse of own-use notification
(1) A person (the recipient ) must not give an own-use notification to a natural gas supplier in relation to a supply of natural gas by the natural gas supplier to the recipient unless:
(a) the recipient is permitted to do so by section 64A; or
(b) the recipient is required to do so by section 64B.
(2) If the recipient breaches subsection (1), this Act (other than this section) has effect as if the recipient had not given an own-use notification to the natural gas supplier in relation to the supply of natural gas concerned.
Civil penalty provision
(3) Subsection (1) is a civil penalty provision .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
Division 4B - Follow-up notifications
64G Follow-up notification
(1) If the conditions specified in the regulations are satisfied, a person (the recipient ) may give a follow-up notification to a natural gas supplier in relation to one or more parts of an amount of natural gas supplied by the natural gas supplier to the recipient.
(2) The recipient is not entitled to give more than one follow-up notification to the natural gas supplier in connection withthe amount of natural gas supplied by the natural gas supplier to the recipient.
64H Method of giving follow-up notification
(1) A person (the recipient ) gives a follow-up notification to a natural gas supplier in relation to one or more parts (the relevant parts ) of an amount of natural gas supplied by the natural gas supplier to the recipient if:
(a) the recipient makes a statement to the natural gas supplier in connection with the relevant parts; and
(b) the statement is in writing; and
(c) the statement specifies the relevant parts; and
(d) the statement sets out:
(i) the words “clean energy scheme - follow-up notification”; and
(ii) the name of the recipient; and
(iii) if the recipient has an ABN - the ABN; and
(iv) such other information (if any) as is specified in the regulations.
(2) A statement under subsection (1) may be included in a document, whether or not in electronic form.
64J Misuse of follow-up notification
(1) A person (the recipient ) must not give a follow-up notification to a natural gas supplier in relation to one or more parts (the relevant parts ) of an amount of natural gas supplied by the natural gas supplier to the recipient unless the recipient is permitted to do so by section 64G.
(2) If the recipient breaches subsection (1), this Act (other than this section) has effect as if the recipient had not given a follow-up notification to the natural gas supplier in relation the relevant parts.
Civil penalty provision
(3) Subsection (1) is a civil penalty provision .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.