Legislation

All of the EEIS legislation can be found on the ACT Legislation Register. The ACT legislation register is grouped into Acts, and Legislative Instruments, sorted alphabetically by type of legislation. The EEIS legislation includes one Act – the Energy Efficiency (Cost of Living) Improvement Act 2012, and a series of Notifiable and Disallowable Instruments. To find the current version, navigate to the correct type of legislation and then find the instrument.

EEIS Act

The Act establishes the EEIS. It sets out targets and important concepts, including how targets may be set by other legislative instruments. It also describes how the EEIS achieves energy savings, arrangements for administration, information sharing and enforcement. The Act was notified on 17 May 2012, and commenced on 1 January 2013. It was initially proclaimed to run until 31 December 2015 but on 19 August 2015 it was extended until the end of 2020.

Activities Determination

The Energy Efficiency (Cost of Living) Improvement (Eligible Activities) Determination is a Notifiable Instrument made under Section 10 of the Act, which establishes the eligible activities that can be undertaken by energy retailers to achieve the Energy Savings Target. This instrument defines the activities, sets minimum performance specifications, installed product requirements, when activities are complete and how the abatement factor is calculated.

Activities Code of Practice

The Energy Efficiency (Cost of Living) Improvement (Eligible Activities) Code of Practice is a Disallowable Instrument made under Section 25 of the Act, which gives details on how activities are to be undertaken. It explains the general obligations and competencies required for delivering all EEIS activities. It also gives activity-specific information on training, safety, licensing and other requirements.

Record Keeping and Reporting Code of Practice

The Energy Efficiency (Cost of Living) Improvement (Record Keeping and Reporting) Code of Practice is a Disallowable Instrument made under Section 25 of the Act, which gives details on how the Act and other EEIS instruments are administered. It describes general obligations and establishes the requirements for compliance plans, activity records, activity certification compliance period reports, independent information audits. Activity-specific record keeping and reporting requirements are also included.

Emissions Multiplier

The Energy Efficiency (Cost of Living) Improvement (Emissions Multiplier) Determination is a Disallowable Instrument made under Section 13 of the Act, establishing the multiplier representing grid intensity of carbon dioxide emissions which is used to calculate a Retailer Energy Savings Obligation (RESO).

RESO   = Energy Savings Target x (Electricity Sales x Emissions Multiplier)

From 2016 until 2020 the:

Energy Savings Contribution

The Energy Efficiency (Cost of Living) Improvement (Energy Savings Contribution) Determination is a Disallowable Instrument made under Section 11 of the Act, establishing the contribution payable by tier 2 retailers for a compliance period, if they choose to pay the contribution instead of delivering abatement in order to achieve their Retailer Energy Savings Obligation (RESO).

From 2016 until 2020 the Energy Savings Contribution has been set at $116 per tonne of carbon dioxide equivalent greenhouse gas emissions in the RESO.

Energy Savings Target

The Energy Efficiency (Cost of Living) Improvement (Energy Savings Target) Determination is a Disallowable Instrument made under Section 7 of the Act, establishing the total reduction in greenhouse gas emissions to be achieved by retailers in each compliance period. It is expressed as a percentage of their total sales in the ACT.

From 2016 until 2020 the Energy Savings Target has been set at 8.6%.

Priority Household Target

The Energy Efficiency (Cost of Living) Improvement (Energy Savings Target) Determination is a Disallowable Instrument made under Section 8 of the Act, establishing the percentage of a tier 1 Retailer Energy Savings Contribution that must be achieved at priority households. Section 44 of the Energy Efficiency (Cost of Living) Improvement (Record Keeping and Reporting) Code of Practice defines priority households as being those where a person who lives at the Priority households holds a government concession card such as a health care card, pensioner concession card, repatriation health care card and so on.

The 2015 Regulatory Impact Statement setting key parameters to 2020 states that the Priority Household Target is to be reviewed each year. The target has been set at 20% for both 2016 and 2017. This represents the approximate proportion of ACT households that are priority households.

Penalties for Non-compliance

The Energy Efficiency (Cost of Living) Improvement (Penalties for Noncompliance) Determination is a Disallowable Instrument made under Section 8 of the Act, establishing the shortfall penalty applying each year. Sections 21 and 22 of the Act explain how the shortfall penalty applies when a retailer fails to meet their Retailer Energy Savings Contribution. The 2015 Regulatory Impact Statement setting key parameters to 2020explains how the shortfall penalty rate is set at a level higher than the Retailer Energy Savings Contribution, to provide the necessary flexibility and allow the EEIS to respond to implementation challenges should they emerge penalty.

From 2016 until 2020 the Shortfall Penalty has been set at $300 for each tonne of carbon dioxide equivalent of the shortfall (excluding carry-over amounts).

All other penalties within the EEIS are set at standard penalty unit rates, established under the Legislation Act 2001.

Administrator appointment

The Energy Efficiency (Cost of Living) Improvement (Administrator) Appointment is an Appointment Instrument made under Section 23 of the Act. The Executive Director, Sustainability and Climate Change is the administrator, and if on leave or overseas, the acting administrator is the Director, Energy and Waste Policy.

Approval of interstate energy efficiency schemes

The Energy Efficiency (Cost of Living) Improvement (Interstate Energy Efficiency Schemes) Determination is a Notifiable Instrument made under Section 10A of the Act. Other schemes complementing the EEIS have been approved to minimise administrative costs and increase scheme competitiveness. The NSW Energy Savings Scheme (ESS), Victorian Energy Efficiency Target Scheme (VEET) and South Australian Retailer Energy Efficiency Scheme (REES) were all approved under the EEIS on 13 April 2016.

Current Legislation

Explanatory Statements

Regulatory Impact Statements