Federal Court stay decision – 3 July 2024

Published 04/07/2024

UPDATE: the Federal Court has issued a temporary stay of the Regulator’s decisions to (i) suspend Greenbot as a registered person under the Small-scale Renewable Energy Scheme and (ii) terminate the deed allowing Greenbot to be an app provider under the SPV Initiative. The Court’s order means that Greenbot will be allowed to create certificates in the Small-scale Renewable Energy Scheme, and to participate in the SPV Initiative, while the Court is reviewing the matter. We will keep you updated as further information becomes available.

The information below has been superseded

It was published on 12/06/2024 and updated on 14/06/2024.

The Clean Energy Regulator (CER) permanently suspended the registration of Greenbot Pty Ltd on 11 June 2024. This means Greenbot can no longer create renewable energy certificates, which includes small-scale technology certificates (STCs). 

Greenbot can still trade certificates that were validly created and registered in the REC Registry before its suspension.

The decision follows an investigation into the conduct of Greenbot and its platform, including an online trading portal and mobile phone application. A failure of its platform resulted in the creation of small-scale technology certificates which did not meet the requirements of the Small-scale Renewable Energy Scheme (SRES) under the Renewable Energy Target (RET). 

Agents have a legislative responsibility to ensure certificates meet the requirements before they are created.

Information for installers or retailers 

Certificates assigned to Greenbot

If a system owner signed the STC assignment form after Greenbot was suspended on 11 June, it is not a valid assignment. This is because Greenbot was not a registered agent at the time. You will need to ask the system owner to sign a new STC assignment form assigning the STCs to a new agent.

If you assigned STCs to Greenbot before they were suspended, you can check the certificate status on the public register of STCs. See REC Registry guidance to understand certificate status types.

If Greenbot has not yet created the certificates in the REC Registry, the certificate rights can be returned to the system owner with the agreement of Greenbot, and the system owner may assign to a new agent.

If Greenbot has created the certificates in the REC Registry, they cannot be reassigned. Greenbot now has full legal rights to those certificates once registered. 

Improperly created certificates

If a certificate has been improperly created it will be failed. The certificate rights can then be returned to the system owner. This can only be done if Greenbot has not re-created the certificate and agrees to the return. See registered agents for more information on how to re-assign the right to create STCs. 

The Greenbot STC applications currently in the REC Registry for assessment cannot be failed for the purpose of allowing re-creation with another agent. If these certificates meet the requirements, they must be passed. By law we can only fail improperly created certificates.

Certificates already assigned to Greenbot

If Greenbot has created certificates that have been registered in the REC Registry, they cannot be reassigned. Greenbot now has full legal rights to those certificates. 

The CER does not have legislative power to manage contractual matters between system owners, retailers and agents. 

If certificates have been traded and you have not received monies from Greenbot, we recommend you contact Greenbot in the first instance.

If you are not happy with the response from Greenbot you can make a complaint to the Australian Competition and Consumer Commission (ACCC) and state and territory fair trading bodies. If your situation has progressed to this point, we recommend you contact and make complaints to both. 

You may also choose to seek legal advice. 

Solar Panel Validation (SPV)

Following the permanent suspension of Greenbot Pty Ltd’s registration on 11 June 2024, we have taken the decision to remove the Greenbot Solar Panel Validation (SPV) app as an available means of verifying your solar panels and submitting STC claims.

If you use the Greenbot app for SPV services, you have 30 days to choose a new provider. See our list of SPV app providers

Signed Data Packages produced through the Greenbot app will not be accepted after 14 July 2024. If you have incomplete or pending applications on the Greenbot platform, if possible, we recommended you download, screenshot or copy and save all your information. This information may include STC assignment forms, installer on-site verification selfies, serial numbers and written statements.  

Any jobs currently in the Greenbot app but not assigned to Greenbot must be assigned to a new agent.