Division 11Division 11 Administration of scheme
(1) The Minister may, by order in writing, appoint a person or body as the Scheme Regulator.(2) The functions of the Scheme Regulator under this Part are to be exercised by the person or body appointed by the Minister as Scheme Regulator or, in the absence of such an appointment, the Tribunal.(3) The regulations may make provision for or with respect to the appointment of a Scheme Regulator by the Minister.
152 Functions of Scheme Regulator
(1) The Scheme Regulator has the following functions:(a) to assess and determine, in accordance with this Part, the regulations and the scheme rules, whether scheme participants have complied with individual energy savings targets,(b) if appropriate, to assess and determine, in accordance with this Part, the regulations and the scheme rules, any energy savings shortfall penalty payable by a scheme participant,(c) to conduct audits, or require the conduct of audits, for the purposes of this Part,(d) to monitor, and report to the Minister on, the extent to which scheme participants comply, or fail to comply, with obligations imposed by or under this Part,(e) such other functions as are conferred or imposed on it by or under this Act.(2) If the Scheme Regulator is appointed by the Minister, the Scheme Regulator also has such other functions as are conferred or imposed on it by the Minister under the terms of its appointment as Scheme Regulator.(3) For the purpose of enabling the Scheme Regulator to exercise its functions, the Minister must furnish the Scheme Regulator with such information in the possession of the Minister as the Scheme Regulator may request in relation to the compliance by scheme participants with this Part.(4) The Scheme Regulator may, with the approval of the Minister, delegate the exercise of its functions under this Part, other than this power of delegation, to any other person or body.(5) If the Tribunal is the Scheme Regulator, section 10 of the Independent Pricing and Regulatory Tribunal Act 1992 does not apply to its functions as Scheme Regulator.
(1) The Minister may, by order in writing, appoint a person or body as the Scheme Administrator.(2) The functions of the Scheme Administrator under this Part are to be exercised by the person or body appointed by the Minister as Scheme Administrator or, in the absence of such an appointment, the Tribunal.(3) In determining whether to appoint a person or body as Scheme Administrator, the Minister must consider the following matters:(a) the costs of any such appointment,(b) the efficiency of administrative arrangements relating to the energy savings scheme,(c) ability to meet objectives of the energy savings scheme,(d) proposed governance arrangements,(e) arrangements proposed to manage liabilities associated with carrying out the Scheme Administrator’s functions.(4) The regulations may make provision for or with respect to the appointment of a Scheme Administrator by the Minister.(5) The Minister may limit the appointment of a person or body as Scheme Administrator to particular specified functions of the Scheme Administrator. In such a case, a reference in this Act to the Scheme Administrator, in relation to any functions of the Scheme Administrator, is a reference to the person or body appointed to exercise those functions (or, in the absence of such an appointment, the Tribunal).
154 Functions of Scheme Administrator
(1) The Scheme Administrator has the following functions:(a) the functions conferred by this Part relating to the energy savings scheme,(b) to monitor, and to report to the Minister on, the extent to which accredited certificate providers comply with this Part, the regulations, the scheme rules and any conditions of accreditation,(c) to conduct audits, or require the conduct of audits, for the purposes of this Part,(d) such other functions as are conferred or imposed on it by or under this Act or any other Act or law.(2) If the Scheme Administrator is appointed by the Minister, the Scheme Administrator also has such other functions as are conferred or imposed on it by the Minister under the terms of its appointment as Scheme Administrator.(3) For the purpose of enabling the Scheme Administrator to exercise its functions, the Minister must furnish the Scheme Administrator with such information in the possession of the Minister as the Scheme Administrator may request in relation to the compliance by accredited certificate providers with this Part.(4) The Scheme Administrator may, with the approval of the Minister, delegate the exercise of its functions under this Part, other than this power of delegation, to any other person or body.(5) If the Tribunal is the Scheme Administrator, section 10 of the Independent Pricing and Regulatory Tribunal Act 1992 does not apply to its functions as Scheme Administrator.
(1) The regulations may make provision for or with respect to the conduct of audits by the Scheme Regulator, the Scheme Administrator or other persons for the purposes of this Part.(2) Without limiting the above, the regulations may provide for the following matters:(a) the matters that may be the subject of an audit,(b) the persons who may conduct an audit,(c) the functions that may be exercised by persons who conduct an audit,(d) offences relating to obstructing or hindering persons, or refusing or failing to comply with requirements made by persons, who conduct audits.(3) Each scheme participant and accredited certificate provider is liable to pay to the Treasurer the reasonable cost (as certified by the Scheme Regulator or Scheme Administrator) involved in and in connection with carrying out the audit functions of the Scheme Regulator or Scheme Administrator in relation to the participant or provider.(4) Without limitation, a licence or accreditation may include terms and conditions relating to the determination of the cost of carrying out those functions.
156 Provision of information, documents and evidence
(1) For the purposes of exercising its functions under this Part, the Scheme Regulator or Scheme Administrator may, by notice in writing served on any relevant person, require the person to do any one or more of the following:(a) to send to the Scheme Regulator or Scheme Administrator, on or before a day specified in the notice, a statement setting out the information specified in the notice,(b) to send to the Scheme Regulator or Scheme Administrator, on or before a day specified in the notice, any document or type of document specified in the notice.(2) If the Tribunal is the Scheme Regulator or Scheme Administrator, the Tribunal may, in such a notice, in addition to or instead of requiring any of the above, require a relevant person to attend a meeting of the Tribunal to give evidence.(3) A person must not, without reasonable excuse:(a) refuse or fail to comply with a notice served under this section, or(b) refuse or fail to answer a question that the person is required to answer by the Chairperson of the Tribunal at any meeting of the Tribunal, acting as Scheme Regulator or Scheme Administrator, that the person is required to attend under this section.Maximum penalty:
(a) in the case of a corporation—250 penalty units, or(b) in the case of an individual—100 penalty units or 6 months imprisonment, or both.(4) It is a reasonable excuse for the purposes of subsection (3) that to comply with the notice or to answer the question might tend to incriminate a natural person or make the person liable to any forfeiture or penalty.(5) If documents are given to the Scheme Regulator or Scheme Administrator under this section, the Scheme Regulator or Scheme Administrator:(a) may take possession of, and make copies of or take extracts from, the documents, and(b) may keep possession of the documents for the period necessary for those purposes, and(c) during that period must permit them to be inspected at all reasonable times by persons who would be entitled to inspect them if they were not in the possession of the Scheme Regulator or Scheme Administrator.(6) This section does not affect the law relating to client legal privilege (or other legal professional privilege).(7) In this section, a relevant person means:(a) an officer of a scheme participant or former scheme participant, or(b) an officer of an accredited certificate provider or former accredited certificate provider, or(c) any other person whom the Scheme Regulator or Scheme Administrator (as the case requires) has reason to believe is able to provide information relevant to its functions as Scheme Regulator or Scheme Administrator.
157 Obstruction of Scheme Regulator or Scheme Administrator
A person must not hinder, obstruct or interfere with the Scheme Regulator, the Scheme Administrator or any member or officer of the Scheme Regulator or the Scheme Administrator in the exercise of functions under this Part.Maximum penalty:
(a) in the case of a corporation—250 penalty units, or(b) in the case of an individual—100 penalty units or 6 months imprisonment, or both.
158 False or misleading information
A person must not, for the purposes of this Part:(a) give to the Scheme Regulator or Scheme Administrator, whether orally or in writing, information or a document that the person knows to be false or misleading in a material particular (unless the person informs the Scheme Regulator or Scheme Administrator of that fact), or(b) at a meeting of the Tribunal acting as Scheme Regulator or Scheme Administrator, give evidence that the person knows to be false or misleading in a material particular.Maximum penalty: 100 penalty units or 6 months imprisonment, or both.
(1) If a person provides information to the Scheme Regulator or Scheme Administrator in connection with the functions of the Scheme Regulator or Scheme Administrator under this Part on the understanding that the information is confidential and will not be divulged, the Scheme Regulator or Scheme Administrator is required to ensure that the information is not divulged by it to any person, except:(a) with the consent of the person who provided the information, or(b) in the case of information provided to the Tribunal while acting as Scheme Regulator or Scheme Administrator, to the extent that the Tribunal is satisfied that the information is not confidential in nature, or(c) to a member or officer of the Scheme Regulator or Scheme Administrator, as the case requires, or(d) as required by any other law.(2) If the Scheme Regulator or Scheme Administrator is satisfied that it is desirable to do so because of the confidential nature of any information provided to the Scheme Regulator or Scheme Administrator in connection with its functions under this Part, it may give directions prohibiting or restricting the divulging of the information.(3) A person must not contravene a direction given under subsection (2).Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
(4) A reference in this section to information includes information given at a meeting of the Scheme Regulator or Scheme Administrator and information contained in any documents given to the Scheme Regulator or Scheme Administrator.
160 Cabinet documents and proceedings
(1) This Part does not enable the Scheme Regulator or Scheme Administrator:(a) to require any person to give any statement of information or answer any question that relates to confidential proceedings of Cabinet, or(b) to require any person to produce a Cabinet document, or(c) to inspect a Cabinet document.(2) For the purposes of this section, a certificate of the Director-General of the Department of Premier and Cabinet, or the Deputy Director-General (General Counsel) of that Department, that any information or question relates to confidential proceedings of Cabinet or that a document is a Cabinet document is conclusive of the matter certified.(3) In this section:Cabinet includes a committee of Cabinet or a subcommittee of such a committee.
Cabinet document means a document that is a restricted document by virtue of clause 1 of Part 1 of Schedule 1 to the Freedom of Information Act 1989.