Compliance, reporting and auditing
Compliance
Compliance with the Electricity Act 1994, the Electricity Regulation 2006 and the conditions of an accreditation is expected.
Any scheme participant who fails to comply with any requirements of the legislation or the accreditation may incur contravention action in accordance with the Act.
The types of penalties that may be imposed under the Act include:
- imposition of penalty units
- imprisonment
- amendment or cancellation of an accreditation
or - suspension of an accredited generator's right to create Gas Electricity Certificates (GECs).
Contravention action is undertaken in accordance with the procedures set out in the Act.
Reporting and other obligations
While there are various obligations under the Queensland Gas Scheme, the following table summarises some of the key requirements on Participants.
| Participant type | Fees | Reporting | Due by | Obligations |
|---|---|---|---|---|
| Accredited generator | Annual fee for current year |
Periodic reviews Annual Electricity Generation Return for prior year |
Quarterly (or as notified) Last business day of April |
Submission of information immediately after creation of GECs |
| Liable person | Annual fee for current year | Self-assessment report for prior year liability | Last business day of April | Surrender of GECs |
| Interested person for liable load exemption | Annual fee for current year | Exemption Compliance Report for prior year | Last business day of April | |
| Interested person for exemption | Annual fee for current year | Exemption Compliance Report for prior year | Last business day of April | |
| Scheme participant | Annual fee for current year | Last business day of April |
Reporting is a requirement of the Act and failure to comply may result in contravention action (as mentioned above).
Auditing
The regulator may require an auditable participant to undergo an audit in relation to their participation in the scheme. Auditable participants may be required to commission an approved auditor or the regulator may commission an approved auditor. The audit can be about a stated matter, e.g. GEC creation by the accredited generator; or on a random basis not directly connected with the auditable person to monitor compliance with the requirements of the scheme.
An auditable participant is:
- an accredited generator
- a liable person
- a person the regulator reasonably suspects may be a liable person
- an interested person for an exempted load
- a person who has made an application that has not been decided.
As an example, it may be necessary to audit an applicant to information given or to gather additional information for the decision process.
An approved auditor is a person appointed by the regulator (and is not necessarily an officer of the Regulator's department). An approved auditor can also be a corporation if the regulator is satisfied it has employees who are appropriate to carry out audits. A person must not obstruct an approved auditor in the exercise of their power or impersonate an approved auditor, otherwise penalties apply.
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