Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Subregulation 3 (1), after definition of biomass
insert
business day means a day that is not:
(a) a Saturday or a Sunday; or
(b) a public holiday or a bank holiday in the Australian Capital Territory.
"Clean Energy Council" means Clean Energy Council Limited, ACN 127 102 443.
[2] Subregulation 3 (1), after definition of product certification
insert
"quarter" means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.
[3] Subregulation 3 (1), after definition of regional forest agreement
insert
"registered for GST" means registered under the A New Tax System (Goods and Services Tax) Act 1999 .
[4] Subregulation 3 (1), after definition of Register of solar water heaters
insert
"required to be registered for GST" means required to be registered under the A New Tax System (Goods and Services Tax) Act 1999.
[5] Subregulation 3A (1)
substitute
(1) For the definition of solar water heater in subsection 5 (1) of the Act, a device that heats water using solar energy is a solar water heater during the period specified in the Register for the device if the device:
(a) is entered in the Register of solar water heaters; and
(b) satisfies subregulation (2) or (3).
Note Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L -- see subsection 21 (4) of the Act.
[6] Paragraph 3A (2) (b)
substitute
(b) an accredited body has given the device product certification to AS/NZS 2712:2007, Solar and heat pump water heaters -- Design and construction , as in force at the time the certification is given.
[7] Paragraphs 3A (3) (b) and (c)
substitute
(b) an accredited body has given the device component certification to each of the following Australian Standards that applies to the device:
(i) AS/NZS 2712:2007 Solar and heat pump water heaters -- Design and construction , as in force at the time the certification is given;
(ii) the Australian Standards mentioned in clause 1.4 of AS/NZS 2712:2007 Solar and heat pump water heaters -- Design and construction , as in force at the time the certification is given; and
(c) the storage tank of the device meets the requirements of:
(i) both:
(A) AS/NZS 4692.1:2005, Electric water heaters, Part 1: Energy consumption, performance and general requirements , as in force at the time the certification mentioned in paragraph (b) is given; and
(B) AS/NZS 4692.2:2005, Electric water heaters , Part 2: Minimum Energy Performance Standard (MEPS) requirements and energy labelling , as in force at the time the certification mentioned in paragraph (b) is given; or
(ii) the document called Heat Loss Test Procedure for Solar Water Heaters with a Hot Water Storage Tank Greater than 630 L , first published by the Regulator on 29 May 2003, as in force at the time the certification mentioned in paragraph (b) is given.
Note A copy of the document mentioned in subparagraph (3) (c) (ii) is available by post from the Office of the Renewable Energy Regulator, GPO Box 621, Canberra ACT 2601, and the document can be viewed on and downloaded from the Regulator's website: http://www.orer.gov.au .
[8] Regulations 19A and 19B
substitute
19A Number of certificates
(1) For subsection 22 (1) of the Act, the number of certificates that may be created for a particular installation of a model of solar water heater in a particular zone and installation period is:
(a) for a solar water heater with a volumetric storage capacity up to and including 700 litres -- the number set out in the Register of solar water heaters that is applicable to the model, zone and period; and
(b) for a solar water heater with a volumetric storage capacity over 700 litres -- either:
(i) if the person who is entitled to create the certificates complies with subregulation (2) -- the number set out in the Register of solar water heaters that is applicable to the model, zone and period; or
(ii) if the person who is entitled to create
the
certificates does not comply with subregulation (2) -- 0.
Note Certificates cannot be created for a solar water heater that is an air source heat pump water heater if it has a volumetric capacity of more than 425 L -- see subsection 21 (4) of the Act.
(2) For paragraph (1) (b), the person who is entitled to create the certificates complies with this subregulation if, before the person creates any certificates in relation to the solar water heater, the person:
(a) obtains a statutory declaration that states the matters set out in subregulation (3); and
(b) obtains a further statutory declaration from the owner of the heater at the time it is installed stating that the owner intends that the solar water heater will remain installed in its original configuration and location for the life of the heater; and
(c) gives a copy of both statutory declarations to the Regulator.
(3) For subregulation (2) the statutory declaration must state:
(a) the model of the solar water heater; and
(b) the volumetric storage capacity of the heater; and
(c) the premises at which the heater is to be installed and used; and
(d) the purposes for which the heater, and the hot water produced by the heater, are to be used; and
(e) that the volumetric storage capacity of the heater is appropriate for the premises at which the heater is to be installed and the purposes for which the heater, and the hot water produced by the heater, are to be used; and
(f) the expertise or experience of the person signing the declaration in relation to a heater of the kind covered by the declaration.
19B Determination of method for determining number of certificates
(1) For subsection 22 (1) of the Act, the Regulator may determine, by legislative instrument, the method to be used to determine the number of certificates that may be created for a particular model of solar water heater.
(2) The determination must provide that the number of certificates that may be created is to be worked out by reference to the difference, over 10 years, between:
(a) the energy, other than solar energy or energy collected from the latent and sensible heat of the atmosphere, to be used by the solar water heater; and
(b) the electrical energy that would be used by an equivalent electric water heater.
(3) For subregulation (2), an electric water heater is an equivalent electric water heater if it:
(a) supplies the same, or a similar, hot water load as the solar water heater mentioned in paragraph (2) (a); and
(b) is not a heat pump.
(4) In making the determination, the Regulator must have regard to the method set out in the Australian Standard, set out in Schedule 4, as in force at the time the determination is made that applies to the solar water heater.
(5) In making the first determination under subregulation (1), the Regulator must have regard to:
(a) the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity up to and including 700 litres , published by the Regulator on its website, as in force at the time the determination is made; and
(b) the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity over 700 litres , published by the Regulator on its website, as in force at the time the determination is made.
19BA Determination of number of certificates
(1) For subsection 22 (1) of the Act, the Regulator may determine the number of certificates that may be created for a particular model of solar water heater in each of the zones mentioned in paragraph 19C (3) (b).
(2) In making the determination, the Regulator must:
(a) if a determination under subregulation 19B (1) is in force -- make the determination in accordance with that determination; and
(b) if there is no determination under subregulation 19B (1) in force -- determine the number of certificates using the method in subregulation (3).
(3) For paragraph (2) (b), the number of certificates that may be created is to be worked out:
(a) by reference to the difference, over 10 years, between:
(i) the energy, other than solar energy or energy collected from the latent and sensible heat of the atmosphere, to be used by the solar water heater; and
(ii) the electrical energy that would be used by an equivalent electric water heater; and
(b) having regard to the following, as in force at the time of the determination:
(i) AS/NZS 2535.1:2007, Test methods for solar collectors , Part 1: Thermal performance of glazed liquid heating collectors including pressure drop ; and
(ii) AS 4234--1994, Solar water heaters -- Domestic and heat pump -- Calculation of energy consumption ; and
(iii) AS/NZS 4692.1:2005, Electric water heaters , Part 1: Energy consumption, performance and general requirements ; and
(c) if the solar water heater has a volumetric capacity up to and including 700 litres -- having regard to the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity up to and including 700 litres , published by the Regulator on its website, as in force at the time the determination is made; and
(d) if the solar water heater has a volumetric capacity over 700 litres -- having regard to the guidelines known as REC calculation methodology for solar water heaters and heat pump water heaters with a volumetric capacity over 700 litres , published by the Regulator on its website, as in force at the time the determination is made.
(4) For subregulation (3), an electric water heater is an equivalent electric water heater if it:
(a) supplies the same, or a similar, hot water load as the solar water heater mentioned in subparagraph (3) (a) (i); and
(b) is not a heat pump.
19BB Variation of determination
(1) This regulation applies if the Regulator proposes to make a determination under regulation 19BA which would vary the information contained in the Register of solar water heaters.
(2) Before making the determination, the Regulator must:
(a) tell the manufacturer of the solar water heater, in writing:
(i) what information the Regulator proposes to vary and how it would be varied; and
(ii) the reason for the proposed variation; and
(b) invite the manufacturer to make written submissions about the proposed variation; and
(c) take into account any submissions received from the manufacturer when deciding whether to make the determination.
19BC Requests for determination
(1) A person may request the Regulator to make a determination under regulation 19BA.
(2) The request must:
(a) be in writing in a form approved by the Regulator; and
(b) contain, or be accompanied by, any information or document required by the approved form; and
(c) be given to the Regulator within the 30 day period mentioned in paragraph 19BD (2) (b).
(3) The Regulator may, by written notice given to the person, request the person to give the Regulator, within the period specified in the notice, additional information and documents in connection with the request.
(4) If the person does not provide the additional information and documents within the specified period, the Regulator may, by written notice to the person:
(a) refuse to consider the request; or
(b) refuse to take any action, or further action, in relation to the request.
(5) The Regulator must consult with the person making the request if the Regulator proposes:
(a) not to make the requested determination; or
(b) to include information in the determination that is different to the information contained in the request.
(6) The Regulator must tell the person about the Regulator's decision on the request:
(a) in writing; and
(b) not later than 180 days after the expiry of 30 day period mentioned in paragraph (2) (c).
19BD Invitation for requests for determination
(1) The Regulator must, at intervals of not more than 6 months, invite persons to make requests under subregulation 19BC (1).
(2) The invitation must:
(a) be published on the Regulator's website; and
(b) include a 30 day period in which requests are to be made.
[9] After subregulation 19C (3)
insert
(3A) The Regulator must remove from the Register any device that is not a solar water heater.
[10] After regulation 19D
insert
19E Conditions for creation of certificates
(1) This regulation is made for subsection 23A (1A) of the Act and sets out the conditions that must be satisfied before a certificate can be created for a small generation unit.
(2) On and after 1 February 2011, a registered person cannot create a certificate unless the person gives the Regulator the information required under subregulation (3):
(a) at the time the person notifies the Regulator under subsection 26 (2) of the Act; or
(b) before that time.
(3) The information required is a reasonable estimate of the total amount of out-of-pocket expenses incurred by the purchaser to purchase and install the small generation unit.
(4) For subregulation (3), out-of-pocket expenses is worked out as follows:
where:
amount A is:
(a) the total amount paid by the purchaser for the small generation unit and the installation of the unit; or
(b) if it is not possible to determine the total amount paid because the price of the small generation unit is included in the total amount paid for other goods or services -- a reasonable estimate of the total amount paid by the purchaser for the small generation unit and the installation of the unit.
"amount B" is a reasonable estimate of the amount that the purchaser will pay to the seller of the unit after it is installed and that is not included in amount A.
"amount C" is a reasonable estimate of the market value of any goods or services provided, or to be provided, free of charge to the purchaser for the purchase or installation of the unit (excluding the value of the goods that make up the unit and the installation service).
amount D is a reasonable estimate of the amount of the difference between:
(a) the market value of any goods or services provided, or to be provided, to the purchaser for the purchase or installation of the unit at a non-market price not included in amount A (excluding the value of the goods that make up the unit and the installation service); and
(b) the non-market value paid by the purchaser for the goods and services
"amount E" is a reasonable estimate of any amount paid, or to be paid, to the purchaser after the unit has been purchased, including the value of any certificates that may be created by the purchaser.
(5) For subregulation (4), amount E does not include the monetary value of any feed-in tariff offered to the purchaser regardless of whether or not the purchaser installs a small generation unit obtained from the seller.
(6) In this regulation:
purchaser , for a small generation unit, means:
(a) the owner of the unit; or
(b) if the unit is leased to a person who owns or occupies premises on which the unit is installed by a person who is not the owner or occupier of the premises -- the lessee of the unit.
"seller" , for a small generation unit that is leased to a person, includes the lessor of the unit.
Note 1 Section 160 of the Act requires registered persons and other entities to keep records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the person or entity under the Act.
Note 2 Under subsection 26 (6) of the Act, the Regulator may require a person who has created a certificate to provide a written statement containing such information as the Regulator requires in connection with the creation of the certificate.
19F Certain costs to be included in purchase and installation
For regulation 19E:
(a) the amount paid by the purchaser for the installation of a small generation unit includes the costs associated with connecting the unit to a grid; and
(b) the amount paid by the purchaser for the purchase of a unit includes the cost of purchasing the following:
(i) the generating equipment for the unit;
(ii) the structures and materials to attach the unit to a property;
(iii) the metering and wiring associated with connecting the unit to the property;
(iv) batteries that store the electricity generated by the unit and associated wiring and equipment.
19G Publication of out-of-pocket expenses
(1) Subject to subregulation (3), the Regulator must, for each quarter within a period mentioned in column 1 of an item in the table in subregulation 20AA (2), publish details of the out-of-pocket expenses incurred for small generation units for which certificates were created during the quarter.
(2) The details must be published on the Regulator's website within 28 days after the end of the quarter to which they relate.
(3) Subregulation (1) only applies for a quarter that commences on or after 1 January 2011.
(4) In this regulation:
"out-of-pocket expenses" has the meaning given by subregulation 19E (4).
[11] Subregulation 20AA (2), Table and note
substitute
Multiplier for certificates for small generation units
|
Item |
Column 1 Period |
Column 2 Number |
|
1 |
9 June 2009 to 30 June 2010 |
5 |
|
2 |
1 July 2010 to 30 June 2011 |
5 |
|
3 |
1 July 2011 to 30 June 201 2 |
4 |
|
4 |
1 July 2012 to 30 June 2013 |
3 |
|
5 |
1 July 2013 to 30 June 2014 |
2 |
Note The certificates are created in accordance with regulations 19D and 20.
[12] Subparagraphs 20AC (5) (d) (i), (ii) and (iii)
substitute
(i) AS/NZS 3000, Wiring Rules ;
(ii) AS/NZS 1768, Lightning protection ;
(iii) if the unit is an on-grid system -- AS 4777, Grid connection of energy systems via inverters ; and
[13] Subsubparagraphs 20AC (5) (e) (i) (A) (B) and (C)
substitute
(A) AS/NZS 5033, Installation of photovoltaic (PV) arrays ;
(B) AS/NZS 1170.2, Structural design actions , Part 2: Wind actions ; and
(C) if the unit is an off-grid system -- AS/NZS 4509.1, Stand-alone power systems , Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand-alone power systems , Part 2: Installation and maintenance ; and
[14] Subparagraphs 20AC (5) (f) (i) and (ii)
substitute
(i) AS/NZS 1170.2, Structural design actions , Part 2: Wind actions ;
(ii) if the unit is an off-grid system -- AS/NZS 4509.1, Stand-alone power systems , Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand-alone power systems , Part 2: Installation and maintenance .
[15] Paragraph 20AC (2) (d)
omit
scheme.
insert
scheme; and
[16] After paragraph 20AC (2) (d)
insert
(e) who is not, or who are not, the subject of a declaration under regulation 47.
[17] Subregulation 22A (1), after the definition of joint venture
insert
"LGC" means a large-scale generation certificate.
[18] Paragraph 22J (d)
substitute
(d) the person is a party to a contract with a liable entity for a supply of electricity to be consumed at the site in the year; and
(da) upon making the application under subsection 46A (1) of the Act, the person is not eligible to be a prescribed person under regulation 22G, 22H or 22I; and
[19] Paragraph 22O (1) (g)
omit
Division 5;
insert
Division 5 (including any assumptions made about values or amounts not known at the time of the application).
[20] Paragraph 22O (1) (h)
omit
[21] After regulation 22U
insert
Subdivision BA Reports to accompany certain applications
22UA Reports to accompany certain applications
(1) This Subdivision is made for paragraph 46A (2) (bb) of the Act and sets out the reports that must accompany certain applications under subsection 46A (1) of the Act.
(2) This subdivision applies to an application:
(a) for 2012 or a subsequent year; and
(b) that is made by a person who is a prescribed person under regulation 22G, 22H, 22I, 22J or 22K; and
(c) for which the amount of partial exemption applied for exceeds 15 000 MWh for the application year.
22UB Application to be accompanied by audit report
(1) The application must be accompanied by an audit report that complies with this regulation.
(2) The audit report must be prepared by:
(a) a person that is a registered company auditor under section 1280 of the Corporations Act 2001 ; or
(b) a company that is an authorised audit company under section 1299C of the Corporations Act 2001 ; or
(c) a registered greenhouse and energy auditor, within the meaning of the National Greenhouse and Energy Reporting Act 2007 , who is registered as a Category 2 or 3 auditor under the National Greenhouse and Energy Reporting Regulations 2008 .
(3) The audit report must contain a statement by the person preparing the report as to whether:
(a) the activity set out in the application that is claimed to be an emissions-intensive trade-exposed activity complies, in all material respects, with each of the requirements in the description of the activity set out in Schedule 6; and
(b) the application presents, in all material respects, the amount or volume of the relevant product produced in each previous financial year that is relevant to the application:
(i) in accordance with the requirements for that amount or volume set out in Schedule 6; and
(ii) in accordance with the requirements in subregulation 22A (7) for the relevant product to be referrable to the site mentioned in the application; and
(iii) on a basis consistent with the measurement policies adopted and disclosed by the applicant in the application; and
(c) for an application to which subregulation 22ZD (3) or (4) applies:
(i) the applicant's best-estimate assumptions are reasonable for the preparation of the new or expected additional production amounts or volumes of the relevant product; and
(ii) the new or expected additional production is, in all material respects, estimated on the basis of the best‑estimate assumptions; and
(iii) the new or expected additional production is presented on a basis consistent, in all material respects, with the measurement policies adopted and disclosed by the applicant in the application.
(4) The audit company or auditor mentioned in subregulation (2) must be independent of the applicant or applicants to the extent that a conflict of interest situation (within the meaning of the National Greenhouse and Energy Reporting Regulations 2008 ) does not arise in relation to the auditing of the application.
(5) The person preparing the audit report must ensure that the audit to which the report relates is conducted in accordance with the relevant requirements for reasonable assurance engagements under:
(a) subject to regulation 22UC, the National Greenhouse and Energy Reporting (Audit) Determination 2009 ; or
(b) if a registered company auditor or authorised audit company is not a registered greenhouse and energy auditor, and does not wish to use the requirements in that instrument:
(i) ASAE 3000, Assurance Engagements Other than Audits or Reviews of Historical Financial Information , issued by the Auditing and Assurance Standards Board; and
(ii) any other relevant auditing standard issued by the Auditing and Assurance Standards Board.
22UC Application of National Greenhouse and Energy Reporting (Audit) Determination 2009
For paragraph 22UB (5) (a), a reference in the definition of misstatement in the National Greenhouse and Energy Reporting (Audit) Determination 2009 to 'the Act' or 'the Regulations' is to be read as a reference to the Renewable Energy (Electricity) Act 2000 and these Regulations.
[22] Subregulation 22Z (7)
omit
REC
insert
REC or LGC
[23] Subregulation 22ZA (1), definition of k a t
substitute
k a t , for a year, is the partial exemption assistance rate for the activity for the year as follows:
(a) for the 2010 application year -- the following percentage:
(i) for a highly emissions-intensive activity -- 21.60%;
(ii) for a moderately emissions-intensive activity -- 14.40%;
(b) for a subsequent application year -- the percentage worked out under the formula in subregulation (2).
[24] Subregulations 22ZA (2) to (5)
substitute
(2) For paragraph (b) of the factor k a t in subregulation (1), the formula is as follows:
where:
"LRET t " is the required GWh of renewable source electricity for the application year calculated in accordance with section 40 of the Act.
LGCprice t is:
(a) for the 2011 application year -- the Regulator's reasonable estimate (as published on the Regulator's website in accordance with regulation 22ZH) for the volume weighted average market price of a REC for the 12 month period ending on 30 September 2010; and
(b) for a subsequent application year -- the Regulator's reasonable estimate (as published on the Regulator's website in accordance with regulation 22ZH) for the volume weighted average market price of a LGC for the 12 month period ending on 30 September of the previous year.
STC t is the value in GWh of small-scale technology certificates assumed to be created in the application year for the purposes of the small-scale technology percentage under paragraph 40A (3) (a) of the Act:
(a) less any excess under subparagraph 40A (3) (d) (i) of the Act; or
(b) plus any shortfall under subparagraph 40A (3) (d) (i) of the Act.
a is:
(a) if the LGCprice t is equal to or more than $40 -- 40; or
(b) if the LGCprice t is less than $40 -- the LGCprice t .
CHP t is:
(a) for the 2011 application year -- $40; and
(b) for a subsequent application year -- the clearing house price as at 30 September of the year before the application year.
Activity% is:
(a) for a highly emissions-intensive activity -- 90%; and
(b) for a moderately emissions-intensive activity -- 60%.
[25] Subregulation 22ZH (1)
omit
market price for a REC for the following year.
insert
market price:
(a) for the 2010 estimate year -- for a REC for the following year; and
(b) for each subsequent estimate year -- for an LGC for the following year.
[26] Subparagraph 22ZH (3) (a) (ii)
omit
RECs
insert
RECs or LGCs, as appropriate
[27] Regulation 22ZL, heading
substitute
22ZL Prescribed period for issuing partial exemption certificate for 2010 and subsequent years
[28] Paragraph 22ZL (1) (a)
omit
or 2011
insert
or a subsequent year
[29] Subregulation 22ZL (1)
omit
exemption certificate within the period of 60 days after receiving the application.
insert
exemption certificate:
(c) for 2010 -- within the period of 60 days after receiving the application; or
(d) for 2011 or a subsequent year -- within:
(i) 7 days after the small-scale technology percentage for the year has been prescribed; or
(ii) the period of 60 days after receiving the application;
whichever occurs later.
[30] Paragraph 22ZL (2) (a)
omit
or 2011
insert
or a subsequent year
[31] Subregulation 22ZL (2)
omit
exemption certificate within the period of 45 days after receiving the further information.
insert
exemption certificate:
(c) for 2010 -- within the period of 60 days after receiving the further information; or
(d) for 2011 or a subsequent year -- within:
(i) 7 days after the small-scale technology percentage for the year has been prescribed; or
(ii) the period of 45 days after receiving the further information;
whichever occurs later.
[32] Regulation 22ZM
omit
[33] After Part 6
insert
Part 7 Inspections of small generation units
Division 1 General
29 Purpose of Part
(1) The purpose of this Part is to establish a scheme for the inspection of small generation units for which renewable energy certificates have been created.
(2) This Part is made for section 23AAA of the Act.
30 General requirements for inspections
(1) The Regulator must ensure that each year a statistically significant selection of small generation units that were installed during the year are inspected under this Part for conformance with:
(a) Australian standards; and
(b) other standards or requirements relevant to the creation of certificates in relation to the installed small generation unit.
(2) The Regulator must ensure that an inspection under this Part is carried out by a person or organisation who:
(a) is independent of the person or organisation who designed and/or installed the small generation unit; and
(b) does not have a conflict of interest in relation to the small generation unit or administration of the matters being inspected.
31 Part 7 not to limit other inspections
Nothing in regulation 30 prevents small generation units for which certificates have been created from:
(a) being inspected under this Part at any time that the Regulator considers it is appropriate or necessary to do so; or
(b) being inspected as part of an audit under Part 11 of the Act.
32 Publication of inspections
(1) The Regulator must, for each year, publish on the Regulator's website the number of inspections conducted under this Part during the year.
(2) The Regulator may also publish any other general information about inspections that the Regulator considers appropriate.
Division 2 Appointment of inspectors
33 Appointment of inspectors
(1) The Regulator may, in writing, appoint a person to be an inspector for this Part.
(2) The Regulator is not to appoint a person as an inspector unless the Regulator is satisfied that the person:
(a) is of sufficient maturity, and has had sufficient training, to properly exercise the powers of an inspector; and
(b) holds an unrestricted licence for electrical work under the laws of a State or Territory; and
(c) has sufficient expertise in matters arising under the Act and these Regulations in relation to small generation units in order to critically examine the requirements in regulation 39 and to prepare a report under regulation 42; and
(d) is of good repute, having regard to the person's character, honesty and integrity.
(3) In exercising a power or performing a function as an inspector, an inspector must comply with any directions of the Regulator.
Note Part 12 of the Act and section 70 of the Crimes Act 1914 apply to inspectors appointed under this regulation.
34 Identity cards
(1) The Regulator must issue an identity card to an inspector.
(2) An identity card must include:
(a) the signature of the inspector; and
(b) the name of the inspector; and
(c) the date the card expires; and
(d) any other information that may be necessary to indicate that the inspector is authorised to exercise powers or to perform functions under this Part.
(3) An inspector must carry the identity card at all times when exercising powers or performing functions as an inspector.
35 Offence for not returning identity card
A person commits an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be an inspector; and
(c) the person does not, immediately upon so ceasing, return the identity card to the Regulator.
Penalty: 1 penalty unit.
36 Inspector must not have conflict of interest
A person commits an offence if:
(a) the person is an inspector; and
(b) the person conducts an inspection of a small generation unit under this Part; and
(c) at the time of the inspection, the person:
(i) is not independent of the person or organisation who designed and/or installed the small generation unit; or
(ii) has a conflict of interest in relation to the small generation unit or administration of the matters being inspected.
Penalty: 5 penalty units.
Division 3 Powers of inspectors
37 Entry to premises
(1) For the purpose of conducting an inspection under this Part, an inspector may:
(a) at any reasonable time of the day, enter any premises on which a small generation unit has been installed; and
(b) conduct an inspection of the unit and premises in order to determine if the requirements in regulation 39 have been satisfied.
(2) An inspector is not authorised to enter premises under subregulation (1) unless:
(a) the inspector has, at least 24 hours before the proposed inspection, contacted the occupier of the premises and arranged a time for the inspection; and
(b) the occupier has consented to the entry at that time; and
(c) the inspector has shown his or her identity card to the occupier or a person who represents the occupier; and
(d) before undertaking the inspection, the inspector has explained the purpose and scope of the inspection to the occupier or a person who represents the occupier.
38 Consent
(1) Before obtaining the consent of an occupier for paragraph 37 (2) (b), the inspector must inform the occupier that he or she may refuse consent.
(2) An entry of an inspector by virtue of the consent of the occupier is not lawful unless the occupier voluntarily consented to the entry.
39 Matters for inspection
In conducting an inspection under this Part, the inspector is to determine whether there is material or pervasive evidence that the following requirements in relation to the small generation unit being inspected have not been satisfied:
(a) the unit is installed at the address specified in the application to create certificates and is able to produce and deliver electricity;
(b) the unit is a small generation unit within the meaning of subregulation 3 (2);
(c) all State or Territory, and local, government requirements have been satisfied for:
(i) the siting of the unit; and
(ii) if the unit is attached to a building or structure --attachment of the unit to the building or structure; and
(iii) if the unit is grid-connected -- the grid connection of the unit;
(d) the installation of the unit complies with the following standards, as in force at the time the unit was installed:
(i) AS/NZS 3000, Electrical installations ;
(ii) AS/NZS 1768, Lightning protection ;
(iii) if the unit is an on-grid system -- AS 4777, Grid connection of energy systems via inverters ;
(iv) if the unit is solar (photovoltaic) system -- AS/NZS 5033, Installation of photovoltaic (PV) arrays and AS/NZS 1170.2, Structural design actions , Part 2: Wind actions ;
(v) if the unit is an off-grid solar (photovoltaic) system or a wind system -- AS/NZS 4509.1, Stand alone power systems , Part 1: Safety and installation and AS 4086.2, Secondary batteries for use with stand-alone power systems , Part 2: Installation and maintenance ;
(vi) if the unit is a wind system -- AS/NZS 1170.2, Structural design actions , Part 2: Wind actions ;
(e) the statements and documentation mentioned in subregulation 20AC (5) for the unit have been obtained;
(f) if the unit is a solar (photovoltaic) system -- the person entitled to create the certificates for the unit obtained:
(i) a written statement by the installer of the unit that the installer has at the time of the installation used a model of a photovoltaic module listed in AS/NZS 5033, Compliant PV Modules , as in force from time to time; and
(ii) if the system uses an inverter -- a written statement by the installer of the unit that the installer has at the time of the installation used a model of grid-connect inverter listed in Tested and Approved Grid Connected Inverters , as in force from time to time;
(g) if the certificates created for the unit were multiplied under regulation 20AA -- the circumstances in subregulation 20AA (3) apply to the multiplication of the certificates;
(h) if subregulation 20 (2C) or (2E) applies to the unit -- the unit is an off-grid small generation unit.
Note for subparagraphs (f) (i) and (ii) These documents are available at www.cleanenergycouncil.org.au .
40 Conduct of inspection
(1) In conducting an inspection of a small generation unit under this Part, an inspector:
(a) may examine and test the unit and any wiring or equipment associated with the unit; and
(b) may take photographs of anything on the premises relevant to the inspection; and
(c) may make a video recording of the inspection; and
(d) may request the occupier to answer any questions related to:
(i) the design or installation of a small generation unit at the premises; and
(ii) the creation of certificates for the unit; and
(e) may do anything incidental to the matters mentioned in paragraphs (a) to (d); and
(f) must comply with:
(i) any requirements or conditions of the inspector's electrical licence; or
(ii) the law of the State or Territory where the unit is located.
(2) A person is not required to answer any questions asked by an inspector under paragraph (1) (e).
(3) The inspector must leave the premises if the occupier asks the inspector to do so.
(4) The occupier, or a person who represents the occupier, is entitled to observe the inspection being carried out.
41 Dealing with imminent safety risks
(1) If, during an inspection, the inspector considers that there is an imminent safety risk to a person or to property from a small generation unit on the premises, the inspector must immediately notify all interested parties of the extent and nature of the safety risk.
(2) In determining if there is an imminent safety risk to a person or property, the inspector must take into account any guidelines issued by the Regulator.
(3) The inspector must, after notifying the Regulator, comply with any directions given to the inspector by the Regulator.
(4) The inspector must notify the relevant State or Territory Regulator by telephone and must, as soon as practicable after the telephone notification, confirm the notification by email or other electronic communication.
(5) In this regulation:
"Building Code of Australia" means the publication known as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time.
interested parties means the following:
(a) the occupier;
(b) the Regulator;
(c) the relevant State or Territory Regulator;
(d) the relevant distribution network service provider.
"relevant distribution network service provider" , for a State or Territory, means a person who engages in the activity of owning, controlling or operating an electricity distribution system in the State or Territory.
relevant State or Territory Regulator , for a State or Territory, means:
(a) for matters relating to electrical work -- the State or Territory agency responsible for the administration or enforcement of safety standards for electrical work in the State or Territory; and
(b) for matters relating to the design and construction of buildings and structures -- the State or Territory agency responsible for the administration or enforcement of the Building Code of Australia in its application to the State or Territory.
Division 4 Reports
42 Inspector to prepare a report
(1) Upon completion of an inspection, the inspector must prepare a written report that complies with this regulation.
(2) The report must be in the form approved by the Regulator.
(3) The report must include one of the following conclusions about the design and installation of the small generation unit inspected by the inspector:
(a) a conclusion that the inspection found no material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied;
(b) a conclusion that the inspection found material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied and the non-compliance presents an imminent risk to the safe operation of the small generation unit;
(c) a conclusion that the inspection found material or pervasive evidence that one or more of the requirements in regulation 39 were not satisfied but the non-compliance does not present an imminent risk to the safe operation of the small generation unit.
(4) The report must also include:
(a) a brief summary of how the inspection was conducted; and
(b) a recommendation as to the steps that should be taken to rectify any problems discovered during the inspection and, in particular, how to ensure that any safety or operational problems discovered can be rectified; and
(c) any other information required by the Regulator.
43 Procedural fairness
(1) If the report is likely to contain an adverse finding in relation to a person who designed or installed the small generation unit or who created certificates for the unit, the inspector must provide a copy of the finding to the person before finalising the report.
(2) The inspector must:
(a) allow the person a reasonable opportunity to comment on the proposed adverse finding; and
(b) take account of any comments provided by the person when finalising the report.
44 Copy of final report to be provided to interested parties
(1) The Regulator must provide a copy of the inspector's final report for a small generation unit at particular premises to the following persons:
(a) the owner of the unit;
(b) the occupier of the premises;
(c) the person who created certificates for the unit;
(d) the designer of the unit;
(e) the installer of the unit.
(2) If a person mentioned in a paragraph in subregulation (1) is the same person mentioned in another paragraph of subregulation (1), the Regulator is only required to provide the person with 1 copy of the report.
45 Copy of report to be provided to Clean Energy Council
If the final report contains a conclusion that there is material or pervasive evidence that one or more of the requirements in paragraphs 39 (c) to (f) have not been satisfied in relation to the design and installation of a small generation unit, the Regulator must provide a copy of the report to the Clean Energy Council.
46 Copy of report to be provided to relevant State or Territory Regulators
(1) If the final report contains a conclusion that there is material or pervasive evidence that one or more of the requirements in paragraphs 39 (c) and (d) have not been satisfied in relation to the design and installation of a small generation unit, the Regulator must provide a copy of the report to the relevant State or Territory Regulator.
(2) In this regulation:
"Building Code of Australia" means the publication known as the Building Code of Australia, published by the Australian Building Codes Board, as in force from time to time.
relevant State or Territory Regulator , for a State or Territory, means:
(a) for matters relating to electrical work -- the State or Territory agency responsible for the administration or enforcement of safety standards for electrical work in the State or Territory; and
(b) for matters relating to the design and construction of buildings and structures -- the State or Territory agency responsible for the administration or enforcement of the Building Code of Australia in its application to the State or Territory.
47 Regulator may declare person ineligible to design and install small generation units
(1) This regulation applies if a person mentioned in paragraph 20AC (2) (a), (b), (c) or (d) is subject to an adverse finding in an inspection report on 3 separate occasions.
(2) The Regulator may, in writing, declare that the person is not eligible to design and install small generation units for the purposes of subregulation 20AC (2).
(3) A declaration has effect for the period, not exceeding 12 months, specified in the declaration.
(4) The Regulator may publish the declaration on the Regulator's website.
48 Matters to consider before making declaration
(1) In deciding whether or not to make a declaration in relation to a person, the Regulator must consider the following matters:
(a) the nature and extent of the adverse finding identified in an inspection report;
(b) the circumstances relating to the adverse finding;
(c) whether the person has rectified the problems surrounding the adverse finding;
(d) the extent to which the person has cooperated with inspectors and the Regulator with respect to the adverse finding;
(e) any other matters the Regulator considers relevant.
(2) Before making a declaration, the Regulator must:
(a) allow the person a reasonable opportunity to comment on the proposed declaration; and
(b) take account of any comments provided by the person in relation to the proposed declaration.
Part 8 Review
49 Review of decisions
(1) A person mentioned in column 3 of an item in the following table may request the Regulator to reconsider a decision mentioned in column 2 for that item.
|
Item |
Decision |
Person |
|
1 |
Decision under regulation 19BA to determine the number of certificates that may be created for a solar water heater |
Manufacturer of the solar water heater |
|
2 |
Decision under regulation 19BC in relation to a request to make or vary a determination about a solar water heater |
Person making the request |
|
3 |
Decision under subregulation 47 (2) to declare that a person is not eligible to design and install small generation units |
Person subject to the declaration |
(2) The request must be:
(a) in writing; and
(b) given to the Regulator not later than 60 days after the decision is made.
(3) The Regulator must reconsider the decision and confirm, vary or set aside the decision.
Note Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person's review rights.
(4) If the Regulator does not given written notice of the Regulator's decision under subregulation (3) to the person within 60 days after the person gives the request to the Minister:
(a) the Regulator is taken to have made a decision confirming the original decision; and
(b) the Regulator's decision is taken to have been made immediately after the end of the 60 days.
(5) An application may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator under subregulation (3).
[34] Schedule 4, heading
substitute
Schedule 4 Determination of solar water heater certificates
(subregulation 19B (4))
[35] Schedule 4, table, item 2
substitute
|
2 |
AS/NZS 4234:2008, Heated water systems -- Calculation of energy consumption |