Compliance requirements for installing small-scale systems

A range of enforcement remedies are available to the Regulator under the Renewable Energy (Electricity) Act 2000 (the Act). These include criminal and civil prosecutions, enforceable undertakings and injunctions. The provisions apply in respect of contraventions of the Act by individuals, companies, executive officers of companies and other persons involved in contraventions of the Act.

An explanation and examples of contraventions and penalties under the Act to assist you with your compliance responsibilities, are on the Compliance page.

Contraventions to the Act relating to installations include:

1. A person cannot create a small-scale technology certificate (STC) if they are not entitled to according to the Act. (Subsection 24 A (1)). For example, the installation does not comply with all applicable Australian standards.
2. A person cannot provide information that is false or misleading to the person creating the STC. This could include homeowners or installers providing information to installers or Registered Agents.
3. A body corporate contravenes a civil penalty provision and the executive officer was in a position to influence the body corporate but failed to take all reasonable steps to prevent the contravention. This could apply to companies registered to create STCs.

Under section 154Q of the Renewable Energy (Electricity) Act 2000, the Regulator may accept a written undertaking from a person to do or refrain from doing certain things, including the surrender of certificates that the person was not entitled to create. Section 154Q(5) stipulates that the Regulator must publish the undertaking on its website.

Please ensure you peruse this information and seek legal advice if necessary.

If you have any further questions regarding compliance with the Act please contact the Compliance team on retcompliance@cleanenergyregulator.gov.au.