Document ID: chunk:federal_register_of_legislation:C2009A00078:clause:3_6:p1
Version: federal_register_of_legislation:C2009A00078
Segment Type: clause
Provision Reference: sch 3 cl 6 (pt 1/2)
Character Range: 27603–30377

6  Conversion of State certificates to renewable energy certificates
(1) If, before 15 May 2010, a State regulator for a State gives written notice to the Commonwealth regulator that a State certificate has been surrendered:
 (a) under a provision of the State Act of the State that substantially corresponds to section 28A of the Commonwealth Act; and
 (b) after 1 April 2010; and
 (c) for the purposes of this subitem;
then the Commonwealth regulator must, before 15 June 2010:
 (d) create a renewable energy certificate in respect of the State certificate; and
 (e) register the renewable energy certificate under section 26 of the Commonwealth Act.
(2) If, on or after 15 May 2010 but before 2 November 2010, a State regulator for a State gives written notice to the Commonwealth regulator that a State certificate has been surrendered:
 (a) under a provision of the State Act of the State that substantially corresponds to section 28A of the Commonwealth Act; and
 (b) after 1 April 2010; and
 (c) for the purposes of this subitem;
then the Commonwealth regulator must, before 1 December 2010:
 (d) create a renewable energy certificate in respect of the State certificate; and
 (e) register the renewable energy certificate under section 26 of the Commonwealth Act.
(3) A notice under subitem (1) or (2) must:
 (a) be in the prescribed form; and
 (b) include any information prescribed by the regulations.
(4) Despite subitems (1) and (2), a renewable energy certificate may only be created for a State certificate once.
(5) For the purposes of a renewable energy certificate created in respect of a State certificate under subitem (1) or (2):
 (a) the renewable energy certificate is treated as if it had been created under a prescribed provision of the Commonwealth Act; and
 (b) the person who created the State certificate is treated as having created the renewable energy certificate; and
 (c) subject to paragraph (6)(c), the person who owned the State certificate, immediately before it was surrendered under the State Act, is treated as the owner of the renewable energy certificate.
(6) Section 26 of the Commonwealth Act applies in relation to a renewable energy certificate created under subitem (1) or (2) as if:
 (a) subsections (2), (3), (3A), (5) and (6) were ignored; and
 (b) the Commonwealth regulator had determined that the renewable energy certificate is eligible for registration under subsection (4); and
 (c) for the purposes of recording the ownership of the renewable energy certificate as mentioned in subsection (4)—the owner of the renewable energy certificate had created the certificate.
(7) A renewable energy certificate created in respect of a State certificate under subitem (1) or (2) is not a certificate for the purpose of section