South Australian Consolidated Regulations South Australian Consolidated Regulations7APA—Energy efficiency shortfalls
(1) For the purposes
of section 94B of the Act, a "relevant electricity retailer is a retailer who
is subject to the application of this Part (including on account of
regulation 7AK(4), 7AL(5) or 7AM(4)).
(2) For the purposes
of section 94B(13)(a) of the Act, the requirements imposed under this Part on
a retailer—
(a) to
undertake energy audits under regulation 7AK; and
(b) to
undertake energy efficiency activities under regulation 7AL; and
(c) to
undertake energy efficiency activities for priority group households under
regulation 7AM,
constitute the activities relating to energy efficiency in which a relevant
electricity retailer must engage, and for the purposes of that section the
retailer must engage in those activities to the extent necessary to achieve
compliance with regulation 7AK(2), 7AL(2) or 7AM(2) (as the case
requires).
(3) For the purposes
of section 94B(13)(b) of the Act, the extent of an energy efficiency shortfall
with respect to a particular year—
(a) will
be determined in relation to each of the activities referred to in each of the
paragraphs in subregulation (2); and
(b) will
be as follows:
(i)
in relation to energy audits under
regulation 7AK—an amount equal to the energy audit shortfall that
applies to the retailer for that year;
(ii)
in relation to energy efficiency activities under
regulation 7AL—an amount equal to the greenhouse gas reduction
shortfall that applies to the retailer for that year;
(iii)
in relation to energy efficiency activities for
priority group households under regulation 7AM—an amount equal to
the greenhouse gas reduction shortfall for priority group households that
applies to the retailer for that year.
(4) For the purposes
of section 94B(2)(a) of the Act, the prescribed base penalty is $10 000
for each category of shortfall identified under subregulation (3).
(5) For the purposes
of subsection (2)(b) of section 94B of the Act, the amount payable under that
subsection will be—
(a) in
the case of a REES shortfall under subregulation (3)(b)(i)—the
number of energy audits constituting the energy audit shortfall multiplied by
$500;
(b) in
the case of a REES shortfall under subregulation (3)(b)(ii)—the
number of tonnes of carbon dioxide equivalent constituting the greenhouse gas
reduction shortfall multiplied by $70;
(c) in
the case of a REES shortfall under subregulation (3)(b)(iii)—the
number of tonnes of carbon dioxide equivalent constituting the greenhouse gas
reduction shortfall for priority group households multiplied by $70.