Compliance and Reporting

Before STCs are made available for trade in the REC Registry, they are audited by ORER.  Certificates found to be improperly created will be failed.  Assuming the reason for failure is a simple mistake, the certificates will need to be re-created from the beginning.

If ORER has good reason to believe that certificates were improperly created for fraudulent reasons, it may exercise its enforcement options available under the Act.

See Failed Certificates for more information on the reasons why certificates are failed and what to do about it.

Agents must ensure all documentation relating to an installation is retained for a period of five years, as documentation may be checked during random audits.

When duplicate SWH tank serial numbers or duplicate PV panel numbers are entered into the REC Registry, ORER will require agents to conduct a site audit of the systems involved. The more evidence agents can supply to ORER of the inspection occurring the more likely their STCs will get passed without issue.

One of the ways to conduct a site audit if serial numbers are duplicated is for agents to ask installers to go back to the site and fill out a site audit declaration. The site audit declaration must state the address, tank brand, model, serial number, date of inspection and signature of installer. This document provides an example template for installers.

Other ways to conduct a site audit are:

1. Agents ask installers or home owners to take photos of the serial numbers involved. They then provide the ORER with a copy of these photos along with a signed STC Assignment Form that confirms tank serial number.
2. Agents ring the owner of the system and ask them to complete a physical inspection while they are on the phone. Following this conversation the agent informs the ORER in an email stating the owner visually checked and confirmed the tank serial number.

As an agent you are responsible for ensuring your business complies with the requirements outlined in the Renewable Energy (Electricity) Act 2000 (the Act) and the accompanying Renewable Energy (Electricity) Regulations 2001 (the Regulations)

ORER has a proactive approach to monitoring compliance under the Act. Compliance activities include site visits, pre-validation checks, outreach visits and warrants.  Agents can also be suspended from creating STCs if found non-compliant with the Act.

Failure to comply with the Act for any reason can result in penalties and prosecution where warranted.  Enforcement remedies include civil penalty orders, enforceable undertakings and injunctions.  Enforceable undertakings are published on the ORER website.

A court can impose a civil penalty of up to $1,100,000 for an individual and $5,500,000 for a body corporate.

Agents, executive officers or entities providing information to Agents should not:

• Create a small-scale technology certificate (STC) if they are not entitled.
• Provide information that is false or misleading to the person creating the STC.

If you are concerned about your processes and whether there are issues with compliance please contact ORER immediately. The compliance team can be contacted at compliance@orer.gov.au

For more information regarding compliance see the Compliance webpages.

The Solar Water Heater and Small Generation Unit Return must be completed by anyone who created more than 250 certificates for SWHs and/or SGUs from 1 January to 31 December inclusive for that given year, as specified under Section 23F of the Renewable Energy (Electricity) Act 2000 (the Act) and Regulation 20C of the Renewable Energy (Electricity) Regulations 2001 (the Regulations).

Under Section 23F of the Act, the Solar Water Heater and Small Generation Unit Return must be submitted by 14 February each year. Under sections 30A and 154 of the Act, the Regulator may suspend the registration of a registered person if the return is not provided before the due date.

1. Please review the return on first becoming an agent so you are aware of the records required to accurately complete the return.
2. At the beginning of each year, download the form from Solar Water Heater and Small Generation Unit Return.  It is generally updated and published to the ORER website by November/December of the reporting year.
3. Complete the form and sign.
4. Submit the return to ORER in one of the following ways:
   • A signed and scanned Return should be emailed, with your REC Registry name as the subject of the message to: genreturn@orer.gov.au
   • Physical copies may be posted, however, they must contain an electronic copy of Part B submitted on USB or CD. Physical copies should be marked as "Confidential" and posted to:
     
     The Operations Supervisor
     Office of the Renewable Energy Regulator
     GPO Box 621
     Canberra ACT 2601

See the Annual return section of the ORER website for more information.