You are responsible for managing all your commercial arrangements.
This could include:
- engaging a registered agent to create small-scale technology certificates, including the agreed price for the certificates and the payment terms
- ensuring all components used are listed by the Clean Energy Council (CEC) and expiry dates are known
- using installers accredited by Solar Accreditation Australia (SAA) to install or supervise the installation.
Protecting your commercial arrangements
When entering into a commercial arrangement, you should do your due diligence and ensure clear contracts are in place. This protects your commercial position.
When you buy components for the installation, you must make sure they are on the CEC’s list of approved products and are installed before they expire.
Make sure you understand and get warranty information from the seller. This should include how disputes related to warranty will be managed. This information should also be provided to the system owner.
If you contract an installer, make sure:
- the installation will be installed or supervised by an installer who is accredited by SAA and will sign the written statement of eligibility
- that if an accredited installer will supervise the work, they agree to meet on-site attendance requirements
- the person who will perform electrical work is fully licenced and meets state or territory electrical requirements.
When you engage a registered agent, make sure you have a contract with terms that are acceptable to you by establishing:
- who bears the risk if we do not approve the STCs
- clear payment terms, including the price that will be paid and timing of any payment
- fair dispute resolution processes.
The Australian Competition and Consumer Commission provides guidance on contracting.
STCs can be purchased at a capped price of $40 from the clearing house. Caution should be exercised with payment prices above this cap.
Assigning the right to create STCs
When you assign the right to create STCs, you must make sure this right is assigned to the correct registered agent that you have contracted with. Once this right has been assigned, your recourse for payment is through your contract with the registered agent.
We are not a party to your contract and have no statutory powers to intervene in contract disputes between you and the registered agent.
Making a complaint
You can make a complaint to us if you believe a registered agent’s behaviour is not fit and proper. Include all evidence to support your view.
You may also be able to seek support from the Australian Competition and Consumer Commission, or state or territory fair trading bodies.
Our role and responsibilities
We have specific powers and processes we must follow if a registered agent is no longer considered fit and proper. This does not include being able to recover bad debts for you.
To ensure compliance with the requirements of the Renewable Energy (Electricity) Act 2000, we can:
- approve or fail claims for STCs
- remove registered agents from the scheme who may no longer be fit and proper
- remove retailers or accredited installers from the scheme who make false written statements
- prosecute persons for fraud under the scheme (scheme fraud does not include contractual matters between parties).
We have legislative powers to remove registered agents who are no longer considered fit and proper. To do so, we must follow a set process:
- We will provide the registered agent with a notice outlining our reasons for their proposed removal and provide an opportunity to respond.
- If we decide to permanently suspend a registered agent, this is published on our website.
The suspended agent can then apply for an internal review of our decision.
If they aren’t happy with the internal review decision, the suspended agent can then appeal to the Administrative Review Tribunal. Finalising this process can take up to a year.
Depending on the circumstances, the registered agent may have the option to apply to the Federal Court, including for a stay of our decision.