Liable Persons

A liable person is the entity required to fulfill the liability to source the prescribed percentage (currently 13 per cent) of their electricity sold or used in Queensland from eligible electricity.

The liability attaches to one person for one single 'parcel' of electricity. No two parties can be liable for the same electricity unless they are bound to jointly sell or use the electricity. The liability only applies to particular persons who have a relationship with a major grid or to an accredited generator for a power station connected to a small grid.

While parties should consult the Electricity Act 1994 and the Electricity Regulation 2006 to consider the liability clauses, the general principle for determining liability in relation to electricity loads supplied by a major grid is that the liable person is:

• the relevant retailer for the load - if there is more than one retailer, the last retailer to sell the electricity in the supply chain
• if there is no relevant retailer for the load, the relevant special approval holder for the load; or if there is more than one special approval holder, the first special approval holder to sell the electricity in the supply chain
  or
• if there is no relevant retailer or relevant special approval holder for the load, any other person who acts as a retailer in relation to the load, e.g. substantial on-site generator, wholesale purchaser from spot market.

However, the above mentioned person is not the liable person for the load if:

• the person sells the load to the Australian Energy Market Operator (AEMO)
  or
• AEMO later acquires the load.

In order to satisfy the regulator that the liability has been met, each liable person must surrender the number of GECs (purchased through the GEC market) equivalent to the annual GEC liability of the person's liable electricity load and provide a self-assessment report in the approved form to the regulator.

The GECs and self-assessment report must be lodged on or before the compliance date (generally last business day in April of the year following the liable calendar year).

It will be necessary for liable persons to discuss their liability with the Regulator in order to clarify issues such as the liability measurement point and measurement standards or methods.

Liable persons must apply by submitting the approved form (Word - 394KB) to be registered as scheme participants. This enables them to hold an 'account' on the GEC Registry and obtain ownership of GECs.