The CER is committed to continuing its risk-based, intelligence-led approach to compliance; incorporating improved data analytics and intelligence insights to ensure a deeper understanding of the schemes we administer, their participants, and the markets in which each scheme operates. Responsibility for complying with scheme obligations always rests with the participant.
Our approach includes helping scheme participants understand how to comply, educating those who want to do the right thing and a commitment to deter, detect and respond to non-compliance, misconduct and fraud to ensure ongoing scheme integrity. Where appropriate, formal compliance and enforcement action may be taken in the form of:
- Acceptance of enforceable undertakings.
- Suspension of participants from schemes.
- Initiating civil proceedings.
- Supporting the prosecution of persons by the Commonwealth Director of Public Prosecutions.
In taking these compliance actions, we take a proportionate, risk-based response to protect the public interest.
Compliance priorities support the CER’s wider objectives, priorities, and initiatives. An adaptive approach is reflected in our published annual compliance and enforcement priorities, which identify specific areas of focus for compliance and enforcement and are refined each year in response to shifts in industry practice and government policy settings. The priorities complement the data driven and risk-based approach to managing compliance in each scheme. The CER will use its full suite of compliance and enforcement powers to stop the harm, protect the integrity, and improve outcomes, of the schemes as reflected in our compliance policy for education, monitoring and enforcement activities.
The CER has several areas of focus in dealing with non-compliance in the schemes we administer.
- Inaccurate, incomplete or late reports by:
- Project proponents in the ACCU Scheme as part of making claims for ACCUs.
- NGER reporters—particularly those with obligations under the Safeguard Mechanism.
- Those claiming small-scale renewable energy certificates (STCs) or renewable energy certificates (RECs) under the RET.
- Failure to manage excess emissions under the Safeguard Mechanism.
- Auditors who fail to meet their legislative requirements or perform poorly.
- Removing participants who are not fit and proper from schemes we administer.
In addition to these priorities, the CER is preparing compliance approaches to ensure participants in emerging schemes such as the Guarantee of Origin and Nature Repair Market meet their legislative requirements.
Central to our compliance approach is transparency. We will improve our transparency and accountability by seeking to publish more information relating to the CER’s regulatory functions when this publication is appropriate and allowable under the law. We will also inform participants, and the public in general, of our compliance actions, priorities and expectations through the publication of regular compliance updates.