Renewable Energy (Electricity) Regulations 2001

The Regulator may, in writing, declare that a model of an inverter, a model of a battery, or a model of a photovoltaic module, is not eligible for use in the installation of, or connection to, small generation units for the purposes of these Regulations.

In deciding whether or not to make a declaration in relation to a model of an inverter, battery or photovoltaic module, the Regulator must consider the following matters:

whether the model complies with the Australian standards applicable to the inverter, battery or photovoltaic module;

whether evidence that independent testing has shown that the model complies with those standards has been provided by:

the manufacturer of the model; or

if the model was imported into Australia—the person who imported the model;

whether the model was included in the list mentioned in paragraph 20AC(9)(a) or (10)(b), subregulation 20ACA(4) or paragraph 20ACA(16)(a) or (17)(b) on the basis of false or misleading information;

whether the inclusion of the model in the list mentioned in paragraph 20AC(9)(a) or (10)(b), subregulation 20ACA(4) or paragraph 20ACA(16)(a) or (17)(b) presents a risk to the integrity or creation of small‑scale technology certificates;

whether regulation 20AD has been complied with in relation to the model;

any other relevant matters.

Before making a declaration, the Regulator must:

publish the proposed declaration on the Regulator’s website; and

consider any submissions made in accordance with subregulation (4) in relation to the proposed declaration.

A person who would be affected by a proposed declaration may, within 28 days after the day the Regulator publishes the proposed declaration, make a written submission to the Regulator.

Subregulations (3) and (4) do not apply in relation to a model of an inverter, battery or photovoltaic module if the Regulator is reasonably satisfied that there is an imminent safety risk to a person or to property from the use of the model in the installation of, or connection to, small generation units.

If the Regulator makes a declaration, the Regulator must publish the declaration on the Regulator’s website.