Renewable Energy (Electricity) Regulations 2001

Subregulation (2) applies in relation to a person who has designed one or more small generation units as mentioned in subregulation 20AC(2) or one or more batteries for battery connected (solar PV) small generation units as mentioned in subregulation 20ACA(6) if:

the Regulator is reasonably satisfied that the person has, on or after 1 April 2022, given 3 or more statements mentioned in paragraph 20AC(5)(aa) or 20ACA(12)(a) that contain information that:

is false or misleading in a material particular; or

omits a matter or thing without which the information is misleading in a material particular; or

the Regulator is reasonably satisfied that the person has, on or after 1 April 2022, on 3 or more occasions failed to comply with the accreditation scheme under which the person is accredited.

For paragraph (a), the 3 or more statements may include any combination of statements made under paragraph 20AC(5)(aa) or 20ACA(12)(a).

The Regulator may, in writing, declare that the person is not eligible to design small generation units for the purposes of subregulation 20AC(2) or to design batteries for battery connected (solar PV) small generation units for the purposes of subregulation 20ACA(6).

If the Regulator makes a declaration under subregulation (2) in relation to a person who has designed one or more:

small generation units that are solar (photovoltaic) systems; or

batteries for battery connected (solar PV) small generation units;

is not eligible to design small generation units that are solar (photovoltaic) systems for the purposes of subregulation 20AC(2); and

is also not eligible to design batteries for battery connected (solar PV) small generation units for the purposes of subregulation 20ACA(6).

Subregulation (4) applies in relation to a person who has installed one or more small generation units as mentioned in subregulation 20AC(2) or one or more batteries for battery connected (solar PV) small generation units as mentioned in subregulation 20ACA(6) if:

the Regulator is reasonably satisfied that the person has, on or after 1 January 2022, given 3 or more statements mentioned in subregulation 20AC(5) or 20ACA(12) that contain information that:

is false or misleading in a material particular; or

omits a matter or thing without which the information is misleading in a material particular; or

the Regulator is reasonably satisfied, on the basis of information received from one or more State or Territory authorities, that the person has, on or after 1 January 2022, on 3 or more occasions installed a small generation unit, or a battery for a battery connected (solar PV) small generation unit, in a material breach of a local or State or Territory government requirement for the installation of the unit or battery; or

the Regulator is reasonably satisfied that the person has, on or after 1 January 2022, on 3 or more occasions failed to comply with the accreditation scheme under which the person is accredited.

For paragraph (a), the 3 or more statements may include any combination of statements made under subregulation 20AC(5) or 20ACA(12).

For paragraph (b), the 3 or more occasions may include any combination of occasions involving the installation of a small generation unit or a battery for a small generation unit.

The Regulator may, in writing, declare that the person is not eligible to install small generation units for the purposes of subregulation 20AC(2) or to install batteries for battery connected (solar PV) small generation units for the purposes of subregulation 20ACA(6).

If the Regulator makes a declaration under subregulation (4) in relation to a person who has installed one or more:

small generation units that are solar (photovoltaic) systems; or

batteries for battery connected (solar PV) small generation units;

is not eligible to install small generation units that are solar (photovoltaic) systems for the purposes of subregulation 20AC(2); and

is also not eligible to install batteries for battery connected (solar PV) small generation units for the purposes of subregulation 20ACA(6).

A declaration under this regulation has effect for the period, not exceeding 3 years, specified in the declaration.

The Regulator must publish a declaration under this regulation on the Regulator’s website.