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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-05-12 Daily Xml
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STATUTES AMENDMENT (ENERGY EFFICIENCY SHORTFALLS) BILL

Final Stages

Consideration in committee of the House of Assembly’s message.

Clause 4.

The Hon. A. BRESSINGTON: I move:

That the council no longer insist on its amendment but make the following amendment in lieu thereof:

Page 4, after line 3—Insert:

(11a) If an amount is recovered as a shortfall penalty under this section, it must be applied under a scheme established by the Commission for one or more of the following purposes:

(a) to assist persons who may have failed to benefit from activities relating to energy efficiency on account of any electricity retailer's energy efficiency shortfall;

(b) to support other programs or activities to promote or support energy efficiency or renewable energy initiatives within South Australian households.

This amendment has changed the wording slightly. I believe that the government rejected the previous amendment, saying that there would probably not be any financial impost on business and that, therefore, it would cost more to set up an administrative fund. This amendment basically provides that if there is a shortfall a fund will be then established and administered.

The Hon. P. HOLLOWAY: The alternative amendment moved by the Hon. Ms Bressington is certainly superior to the original amendment that has been rejected by the House of Assembly because it does put in the proviso that if an amount is recovered as a shortfall penalty under this section it must be applied to a scheme.

The government's view is, nevertheless, that we do not expect any money under this; this is the whole purpose of it. However, should we receive a very small amount of money, it could arguably cost more to set up a scheme than it is worth. As I indicated during the earlier debate we had on this bill, it is the government's view that, if the scheme is working correctly, we would not expect to get any shortfall penalty.

Certainly, the alternative version moved by the Hon. Ms Bressington is an improvement. From the government's point of view, whereas we do not believe that any amendment is desirable, we will not divide on it, but I reiterate our opposition to any amendment. We will not divide on the alternative amendment.

The Hon. D.W. RIDGWAY: I rise to indicate that the opposition supported the amendment when it went to the House of Assembly. I understand the concerns that the minister had, but we see this as an improved version. If an amount is recovered there is a mechanism to deal with it. I indicate that we will be supporting the amendment.

The Hon. M. PARNELL: The Greens also supported the original amendment. We see this amendment as not greatly different but an improvement. This gives effect to how many of us imagined the first amendment would have worked, in any case: that a scheme would be established only if there were funds to populate it. Having clarified that point, I think the Legislative Council should insist on the thrust of the first amendment as evidenced by this alternative amendment. I will be supporting the motion that we no longer insist on our original amendment. I think that these replacement words do the job as well.

The Hon. D.G.E. HOOD: Family First will be supporting the revised amendment.

The Hon. J.A. DARLEY: I will be supporting the new amendment.

Motion carried.

Clause 5.

The Hon. A. BRESSINGTON: I move:

That the council no longer insist on its amendment but make the following amendment in lieu thereof:

Page 5, after line 36—Insert:

(11a) If an amount recovered as a shortfall penalty under this section, it must be applied under a scheme established by the Commission for one or more of the following purposes:

(a) to assist persons who may have failed to benefit from activities relating to energy efficiency on account of any gas retailer's energy efficiency shortfall:

(b) to support other programs or activities to promote and support energy efficiency or renewable energy initiatives within South Australian households.

This is supplementary to the first one.

The Hon. P. HOLLOWAY: The comment I made in relation to the previous amendment applies equally to this amendment.

The Hon. D.W. RIDGWAY: The comments pertaining to the first alternative amendment apply to the second.

Motion carried.

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