Exemptions legislation
The Minister may grant full or partial exemptions from the Energy Security Safeguard. This is done by Ministerial Order and published in the Gazette.
As a scheme participant, you can deduct the full or partial amount of electricity purchases from the total of your liable acquisitions. This applies under the ESS or PDRS. See clause 23 of Schedule 4A to the Electricity Supply Act (1995) (Act) for the ESS and clause 94 of Schedule 4A to the Act for the PDRS
There are separate Ministerial Orders for each scheme and compliance period. See the table below for relevant ESS and PDRS Exemptions Orders.
Check the list of exempt activities and locations on the Ministerial Exemptions Order for the relevant scheme and compliance period.
The Minister may authorise the Scheme Regulator to make rules with respect to an exemption.
There are two Exemptions Rules in effect:
- The Energy Savings Scheme - Scheme Regulator Exemptions Rule No 1 of 2016 (ESS Exemptions Rule).
- The Peak Demand Reduction Scheme - Scheme Regulator Exemptions Rule No.1 of 2023 (PDRS Exemptions Rule).
These Exemptions Rules outline:
- how deductions for exemptions are calculated
- how deductions for losses are calculated
- how scheme participants establish their entitlement to the exemption.
Previous Exemptions Orders and versions of the Exemptions Rule are available through our Find a document page.
More information