Commonwealth Consolidated Acts

RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 160

             (1)  A person (the record-keeper ) who:

                     (a)  is a registered person; or

                     (b)  is a liable entity; or

                     (c)  has been issued with a partial exemption certificate;

must keep records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the record-keeper under this Act.

             (2)  The records kept by a registered person must include any documents relevant to ascertaining:

                     (a)  the amount of electricity generated by the registered person during a year; and

                     (b)  the amount of that electricity that was generated from eligible energy sources; and

                     (c)  details of all large-scale generation certificates and small-scale technology certificates issued by the registered person during the year; and

                     (d)  any other prescribed matter.

             (3)  The records kept by a liable entity must include any documents relevant to ascertaining:

                     (a)  the amount of electricity acquired by the liable entity under relevant acquisitions during a year; and

                     (b)  any other prescribed matter.

          (3A)  The records kept by a person who has been issued with a partial exemption certificate must include any documents relevant to ascertaining:

                     (a)  a matter to which the certificate relates; and

                     (b)  any other prescribed matter.

             (4)  The records must be kept:

                     (a)  in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and

                     (b)  in the case of records kept by a liable entity--so that the liable entity's liability under this Act can be readily ascertained; and

                     (c)  in the case of records kept by a person who has been issued with a partial exemption certificate--so that matters to which the certificate relates can be readily ascertained.

             (5)  A record-keeper who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is later.

             (6)  Nothing in this section requires a record-keeper to retain records if:

                     (a)  the Regulator has notified the record-keeper that the retention of the records is not required; or

                     (b)  the record-keeper is a company that has gone into liquidation and been finally dissolved.

             (7)  A person commits an offence if the person fails to comply with a requirement under this section.

Penalty:  30 penalty units.