be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules; and

include the information (if any) that is prescribed by the rules.

register the person; or

refuse to register the person.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

if the Regulator is not satisfied that the person is a fit and proper person; or

if the Regulator reasonably believes that the person has contravened this Act; or

in the circumstances specified in the rules.

state:

that the Regulator proposes to suspend or cancel the registration; and

the grounds for the proposed suspension or cancellation; and

if the Regulator proposes to suspend the registration—the proposed period of suspension; and

invite the person to make a written submission to the Regulator about the proposed suspension or cancellation within a specified period.

a spouse, de facto partner, child (who is at least 18 years old) or parent of the first person;

a person not mentioned in paragraph (a) who is or was:

directly or indirectly concerned in; or

in a position to control or influence the conduct of;

a business or undertaking of:

the first person; or

(iv) a corporation of which the first person is an officer (within the meaning of the Corporations Act 2001) or employee, or in which the first person holds shares;

(c) a corporation of which the first person, or any of the other persons mentioned in paragraph (a) or (b), is an officer (within the meaning of the Corporations Act 2001) or employee;

(d) if the first person is a body corporate—another body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first person.

a stepchild or adopted child of the person;

someone who would be the stepchild of the person except that the person is not legally married to the person’s partner;

(c) someone who is a child of the person within the meaning of the Family Law Act 1975.

holds the power to exercise, or control the exercise of, 20% or more of the voting rights in the registered person; or

holds, or holds an interest in, 20% or more of the issued securities in the registered person.

(a) one or more persons (an original controller) control the registered person at a particular time; and

either:

one or more other persons begin to control the registered person (whether alone or together with one or more other persons the person acts jointly with) after that time; or

an original controller (whether alone or together with one or more other persons the person acts jointly with) ceases to control the registered person after that time.

must have regard to the matters mentioned in subsection (2) in relation to the first person; and

may have regard to any or all of the matters mentioned in subsection (2) in relation to any person who is an associate of the first person; and

may have regard to any other matter connected to the first person that is relevant to this Act.

whether the person has been convicted of any the following:

an offence against a law of the Commonwealth, a State or a Territory involving fraud or dishonesty;

an offence against a law of the Commonwealth, a State or a Territory that relates to the conduct of a business;

(iii) an offence against Criminal Code;section 136.1, 137.1 or 137.2 of the

an offence against a law of a foreign country that corresponds to a law mentioned in subparagraph (i), (ii) or (iii);

whether the person has contravened either of the following:

a climate change law;

(ii) the Crimes Act 1914 or the Criminal Code, to the extent that it relates to a climate change law;

whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under:

(i) the Environment Protection and Biodiversity Conservation Act 1999 (or a legislative instrument under that Act); or

(ii) the Nature Repair Act 2023 (or a legislative instrument under that Act); or

an environmental or planning law of a State or Territory;

whether an application by the person has been refused under a climate change law;

whether registration of the person under a climate change law has been cancelled or suspended;

whether the person has given false or misleading information under a law mentioned in paragraph (b);

whether a debt is due and payable by the person to the Commonwealth under a law mentioned in subparagraph (a)(i), (ii) or (iii) or paragraph (b);

whether an order has been made against the person under:

(i) Competition and Consumer Act 2010; orsection 76 of the

(ii) Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; orsection 224 of Schedule 2 to the

a law of a foreign country that corresponds to a law mentioned in subparagraph (i) or (ii);

whether the person is:

(i) for an individual—an insolvent under administration (within the meaning of the Corporations Act 2001); or

(ii) for a body corporate—a Chapter 5 body corporate (within the meaning of the Corporations Act 2001);

for a person that is a body corporate—whether overseas or under a law of a foreign country:

the body corporate is being wound up; or

a receiver, or a receiver and manager, has been appointed (whether or not by a court) in respect of the property of the body corporate and is acting; or

the body corporate is under administration; or

the body corporate has executed a deed of company arrangement that has not yet terminated; or

the body corporate is under restructuring; or

the body corporate has made a restructuring plan that has not yet terminated; or

the body corporate has entered into a compromise or arrangement with another person and the administration of which has not been concluded.

if an instrument in force under subsection (3) determines a location in relation to the facility—that location; or

otherwise—the point at which:

a production module has been completed in relation to the product at the facility; and

the product is ready to be delivered.

a location where the product is placed on a ship with the intention that it be taken out of Australia;

a location where the product is exported from Australia (otherwise than by being placed on a ship);

a location where the product enters a pipeline, or other infrastructure, that is part of a shared network and conveys the product;

a location where the product is delivered to a consumer in Australia;

a location determined in relation to the product in an instrument in force under subsection (4).

must have regard to:

guidelines (if any) prescribed by the rules for determining a location to be a production gate or delivery gate; and

the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

the use of particular equipment; and

a particular process.

must provide that a specified unit is the functional unit of the product; and

must provide that at least one specified production module is a minimum module for the production pathway; and

may provide that a specified production module is:

an optional module for the production pathway; or

a conditional module for the production pathway; and

may specify:

a formula or method for working out the amount of a product in a batch of the product that is produced in accordance with the production pathway; and

one or more sources of greenhouse gas emissions for the production pathway; and

for any source so specified—requirements for monitoring, measuring and reporting greenhouse gas emissions from the source; and

may specify:

a formula or method for working out the amount of a product that reaches a delivery gate for the product; and

one or more sources of greenhouse gas emissions for a delivery module for the product; and

for any source so specified—requirements for monitoring, measuring and reporting greenhouse gas emissions from the source.

a method for storing the product; or

a method for transporting the product; or

a method for both storing and transporting the product.

the objects of this Act; and

the extent to which the determination was developed in accordance with the following objectives:

to be transparent and complete, by representing an accurate accounting of all material greenhouse gas emissions for a product’s supply chain without carbon offsetting using carbon credits;

to be consistent with other determinations made under this section and comparable with internationally agreed standards, taking into account domestic circumstances or requirements;

to be practical and minimise the regulatory burden on registered persons;

to be based on the latest available scientific evidence as aligned with international frameworks.

the product;

the name and location of a facility at which the product is produced;

each person who owns all or part of the facility;

each person who operates all or part of the facility;

the day on which the product was first produced at the facility;

the production gate for the product at the facility;

a production pathway for the product;

one or more production modules for the product;

for each of those production modules—whether it is a minimum module, optional module or conditional module for the production pathway;

the information (if any) that is prescribed by the rules.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the production profile; and

the name and address of each person who owns all or part of the facility specified in the profile; and

the name and address of each person who operates all or part of the facility specified in the profile; and

the information (if any) that is prescribed by the rules.

register the profile; or

refuse to register the profile.

the facility specified in the profile produces the product; and

the production pathway specified in the profile is determined in a methodology determination; and

production of the product at the facility includes the minimum production modules for the production pathway specified in the profile; and

the registered person owns or operates every part of the facility (whether alone or together with another person); and

if another person owns or operates a part of the facility together with the registered person—a written agreement is in force between the other person and the registered person to the effect that the registered person may:

apply to register the profile; and

create PGO certificates as the holder of the profile; and

the facility is operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

a condition that the profile include one or more specified conditional modules for the pathway specified in the profile; or

a condition of a kind prescribed by the rules.

the product;

a delivery gate for the product;

one or more delivery modules for the product;

equipment used in relation to those delivery modules;

post-production emissions sources for those delivery modules;

for each post-production emissions source specified in the profile—a method for monitoring, measuring and reporting greenhouse gas emissions from the source;

the name and address of each person who has operational control over all or part of the equipment specified in the profile;

the information (if any) that is prescribed by the rules.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the delivery profile; and

the name and address of each person who owns all or part of the equipment specified in the profile; and

the name and address of each person who has operational control over all or part of the equipment specified in the profile; and

the information (if any) that is prescribed by the rules.

register the profile; or

refuse to register the profile.

either subsection (3) or (4) applies to the equipment specified in the profile; and

the profile includes each post-production emissions source for each delivery module for the product that is specified in the profile; and

for each of those sources, the method specified in the profile for monitoring, measuring and reporting greenhouse gas emissions from the source is specified in a methodology determination that determines a production pathway for the product; and

a batch of the product could reasonably pass to the delivery gate specified in the profile from a production gate for the product at a facility.

the registered person owns or operates every part of the equipment (whether alone or together with another person); and

if another person owns or operates a part of the equipment together with the registered person—a written agreement is in force between the other person and the registered person to the effect that the registered person may:

apply to register the profile; and

request, as the holder of the profile, that the Regulator add information to PGO certificates.

the registered person does not own or operate every part of the equipment (whether alone or together with another person); and

a written agreement is in force between each person who owns or operates the equipment, or a part of the equipment, and the registered person to the effect that the registered person may:

apply to register the profile; and

request, as the holder of the profile, that the Regulator add information to PGO certificates.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

the product;

a delivery gate for the product;

if the product is consumed at a single facility—the following information:

the name and location of the facility;

whether the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product;

each person who owns or operates the facility or a part of the facility;

whether the facility is an NGER facility;

whether the facility is a designated large facility;

if the product is consumed at multiple facilities—a description of those facilities and their connection to:

a pipeline, or other infrastructure, that is part of a shared network and conveys the product; and

the registered person who is, or is to be, the holder of the consumption profile;

the information (if any) that is prescribed by the rules.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the consumption profile; and

if the profile specifies that the product is consumed at a single facility—the following information:

the name and address of each person who owns all or part of the facility;

the name and address of each person who operates all or part of the facility; and

the information (if any) that is prescribed by the rules.

register the profile; or

refuse to register the profile.

if the profile specifies that the product is consumed at a single facility—the Regulator is satisfied that:

either subsection (3) or (4) applies to the facility; and

if the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product—the product could reasonably pass through the pipeline or other infrastructure to the facility; or

if the profile specifies that the product is consumed at multiple facilities—the Regulator is satisfied that:

the product could reasonably pass to those facilities through the pipeline or other infrastructure specified in the profile; and

it would not be practicable for the registered person to create a consumption profile in respect of each of those facilities.

the registered person owns or operates every part of the facility (whether alone or together with another person); and

if another person owns or operates a part of the facility together with the registered person—a written agreement is in force between the other person and the registered person to the effect that the registered person may:

apply to register the profile; and

request, as the holder of the profile, that the Regulator add information to PGO certificates.

the registered person does not own or operate every part of the facility (whether alone or together with another person); and

a written agreement is in force between each person who owns or operates the facility, or a part of the facility, and the registered person to the effect that the registered person may:

apply to register the profile; and

request, as the holder of the profile, that the Regulator add information to PGO certificates.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

be in writing; and

explain the cause of the error; and

specify the correction to be made.

make the correction; or

refuse to make the correction.

the Regulator reasonably believes that a condition imposed on the registration of the profile has been contravened; or

the Regulator is no longer satisfied:

if the profile is a production profile that is registered under section 33—that the profile meets the criteria in subsection (2) of that section; or

if the profile is a delivery profile that is registered under section 37—that the facility meets the criteria in subsection (2) of that section; or

if the profile is a consumption profile that is registered under section 41—that the profile meets the criteria in subsection (2) of that section.

state:

that the Regulator proposes to suspend or cancel the registration; and

the grounds for the proposed suspension or cancellation; and

if the Regulator proposes to suspend the registration—the proposed period of suspension; and

invite the holder of the profile to make a written submission to the Regulator about the proposed suspension or cancellation within a specified period.

the product;

the functional unit of the product;

the holder of the production profile;

the production pathway specified in the production profile;

the facility at which the product was produced;

the production gate for the product at the facility;

the amount of the product in the batch;

the amount of time taken to produce the batch;

the time and day the last part of the batch left the production gate;

the amount of greenhouse gases emitted in relation to the batch from each production emissions source for the production pathway;

the emissions intensity of the batch;

the information (if any) that is prescribed by the rules.

a batch of another product was used to produce the certified batch; and

there are registered PGO certificates in respect of the batch of the other product;

the certificate must also state the unique identification codes of those other PGO certificates.

part of a batch of another product was used to produce the certified batch; and

there are registered PGO certificates in respect of the batch of the other product;

the certificate must also state the unique identification codes of a number of those other PGO certificates that is equal to the number of functional units for the other product in the part of the batch of the other product.

Related large-scale generation certificates

electricity was used to produce the certified batch; and

the holder of the production profile surrendered large-scale generation certificates in respect of that electricity use;

the certificate must also state the unique identification codes of those large-scale generation certificates.

Related REGO certificates

electricity was used to produce the certified batch; and

at the request of the holder of the production profile, the Regulator retired REGO certificates in respect of that electricity use;

the certificate must also state the unique identification codes of those REGO certificates.

Other related certificates

electricity was used to produce the certified batch; and

the holder of the production profile surrendered certificates (however described) in respect of that electricity use; and

the certificates are of a kind prescribed by the rules;

the certificate must also identify those prescribed certificates.

Invalidated certificates

a unique identification code; and

such other information relating to the identification of the certificate as is prescribed by the rules.

the holder of the delivery profile is the person who created the certificates and no other person is authorised under section 54 to add post-production information to the certificates; or

the holder of the delivery profile is authorised under section 54 to add post-production information to the certificates.

the holder of the delivery profile;

the amount of the product from the batch that reached the delivery gate specified in the profile;

the amount of greenhouse gases emitted in relation to the batch from each post-production emissions source specified in the profile;

the information (if any) that is prescribed by the rules.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the holder of the production profile created other PGO certificates in respect of the batch of the product; and

information has not been added to those other certificates in accordance with section 55;

the request must explain why information was not added to those other certificates in accordance with that section.

register the certificates; or

refuse to register the certificates.

information has not been added to the certificates in accordance with section 55; and

the Regulator is not satisfied with the explanation provided in accordance with subsection (3) of this section.

the following have been worked out correctly in accordance with the requirements specified in a methodology determination that determines a production pathway for the product:

the emissions stated in the certificates in relation to a production emissions source for the product;

the emissions stated in the certificates in relation to a post-production emissions source for a delivery module for the product; or

the information stated in the certificates is complete and correct; or

if the certificates state that an amount of the product from the batch reached a particular delivery gate—that amount could reasonably pass from the production gate stated in the certificates to the delivery gate.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Suspended persons

the delivery gate stated in the certificate is specified in the consumption profile; and

one of the following applies:

the holder of the consumption profile is the person who created the certificate, and no other person is authorised to add consumption information to the certificate;

the holder of the consumption profile is authorised under section 57 to add consumption information to the certificate, and no other person is authorised to add consumption information to the certificate;

the holder of the consumption profile is authorised under section 58 to add consumption information to the certificate; and

no other person has made a request under this section in relation to the certificate.

the holder of the consumption profile;

if the consumption profile specifies that the product is consumed at a single facility—the name and location of the facility;

if the consumption profile specifies that the product is consumed at multiple facilities—a description of those facilities;

the nature of the consumption of the batch;

the information (if any) that is prescribed by the rules.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

add the information; or

refuse to add the information.

if the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product—the batch of the product was consumed at the facility or another facility connected to the pipeline or other infrastructure; or

otherwise—the batch of the product was consumed at the facility.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Suspended persons

the Regulator registering a PGO certificate created by the person;

the Regulator registering a PGO certificate to which the person added information as the holder of a delivery profile;

the Regulator adding information to a registered PGO certificate at the person’s request as the holder of a consumption profile;

the Regulator correcting, under section 63, a registered PGO certificate:

created by the person; or

to which the person added information as the holder of a delivery profile; or

to which the Regulator added information at the person’s request as the holder of a consumption profile.

the information given to the Regulator for the purposes of the certificate activity in relation to the person in the financial year; and

the information (if any) that is prescribed by the rules.

correct the certificate with the information that the person considers necessary to correct or complete that information; or

not correct the certificate.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

to correct a minor or technical error; or

if the correction is of a kind prescribed by the rules.

on the Regulator’s own initiative; or

on written application being made to the Regulator by:

the holder of a production profile who created the certificate; or

the holder of a delivery profile who added information to the certificate; or

the holder of a consumption profile who requested that the Regulator add information to the certificate (if the Regulator added that information).

Subdivision E—Invalidating PGO certificates

if both of the following apply:

the Regulator gives a statement to a person in relation to the certificate under section 60;

the person does not respond to the statement in accordance with section 61; or

if all of the following apply:

the Regulator gives a statement to a person in relation to the certificate under section 60;

the person responds to the statement in accordance with paragraph 61(b);

the Regulator decides, under section 62, not to correct the certificate; or

if the certificate states the unique identification code of another certificate that is invalidated under this section; or

in circumstances prescribed by the rules.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

the Regulator corrects the certificates under section 62 or 63; and

the correction results in a decrease in the total delivered amount in relation to the certificates.

the holder of a production profile who created the certificate;

the holder of a delivery profile who added information to the certificate;

any holder of a consumption profile who requested that the Regulator add information to the certificate (if the Regulator added that information).

hydro;

wave;

tide;

ocean;

wind;

solar;

geothermal-aquifer;

hot dry rock;

energy crops other than biomass from a native forest;

wood waste;

agricultural waste;

waste from processing of agricultural products;

food waste;

food processing waste;

bagasse;

black liquor;

biomass-based components of municipal solid waste;

landfill gas;

sewage gas and biomass-based components of sewage;

any other energy source prescribed by the rules for the purposes of this paragraph.

fossil fuels;

materials or waste products derived from fossil fuels;

biomass from a native forest;

any other energy source prescribed by the rules for the purposes of this paragraph.

a facility is an accredited power station; and

the 1997 eligible renewable power baseline for the facility is greater than zero;

that baseline is the legacy baseline for the facility.

a determination is in force in relation to a facility under section 83; and

the baseline specified in the determination is greater than zero;

that baseline is the legacy baseline for the facility.

metering, or otherwise measuring, electricity that is generated, stored, consumed, lost or dispatched by the facility or a component of the facility; or

measuring an energy source for the facility or a component of the facility; or

measuring an input (other than an energy source) into the facility or a component of the facility.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the name of the facility;

(b) the identification code allocated to the facility under the Renewable Energy (Electricity) Act 2000;

the location of the facility;

the commissioning date of the facility;

the electricity network to which the facility is connected;

the 1997 eligible renewable power baseline for the facility;

each energy source for electricity generated by the facility;

such other information as is prescribed by the rules.

an electricity generation system that is not an accredited power station; or

an energy storage system; or

an aggregated system.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the location of the facility;

the commissioning date of the facility;

the electricity network to which the facility is connected;

(d) the components (the facility components) that the registered person considers to make up the facility;

for each facility component:

each person who owns the component (whether alone or together with one or more other persons); and

each person who operates the component (whether alone or together with one or more other persons);

whether the facility, or a facility component, generated or contributed to the generation of electricity before 1 January 1997;

information about how the following are metered or otherwise measured in relation to the facility:

the electricity that is generated, stored, consumed, lost or dispatched by the facility or a component of the facility;

the energy sources (if any) for the facility and the components of the facility;

the other inputs (if any) into the facility and the components of the facility;

if the facility is an energy storage system that has a direct supply relationship with an electricity generation system—the information that is prescribed by the rules for the purposes of this paragraph;

if the facility is an electricity generation system or an aggregated system—each energy source for electricity generated by the facility;

such other information as is prescribed by the rules.

Small generation units

(a) a certificate has been created under the Renewable Energy (Electricity) Act 2000 in relation to a small generation unit; and

the small generation unit:

consists or consisted of a facility component; or

includes or included a facility component;

the application must include the information (if any) about the small generation unit that is prescribed by the rules.

amend the application; or

withdraw the application.

register the facility; or

refuse to register the facility.

the registered person is the nominated person for the facility; or

a written agreement is in force between the registered person and the nominated person for the facility to the effect that the registered person may apply to register the facility.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Imposition of conditions

register the facility; or

refuse to register the facility.

the facility generates electricity from at least one eligible renewable energy source; and

if a measurement standard prescribes a requirement that applies to the facility—the requirement is met; and

the facility is made up of the components included in the application; and

none of the components that make up the facility are included in:

an accredited power station; or

a registered renewable electricity facility; and

for each of the components that make up the facility:

the registered person owns the component alone; or

the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated by the facility; or

the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated by the facility; and

the facility is operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements; and

the facility, and each component of the facility, meets the requirements (if any) prescribed by the rules.

must have regard to:

guidelines (if any) prescribed by the rules in relation to what components may make up an electricity generation system; and

the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Imposition of conditions

register the facility; or

refuse to register the facility.

if a measurement standard prescribes a requirement that applies to the facility—the requirement is met; and

the facility is made up of the components included in the application; and

none of the components that make up the facility are included in:

an accredited power station; or

a registered renewable electricity facility; and

for each of the components that make up the facility:

the registered person owns the component alone; or

the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity dispatched by the facility; or

the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity dispatched by the facility; and

the facility is operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements; and

the facility, and each component of the facility, meets the requirements (if any) prescribed by the rules.

must have regard to:

guidelines (if any) prescribed by the rules in relation to what components may make up an energy storage system; and

the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Imposition of conditions

register the facility; or

refuse to register the facility.

(a) a certificate has been created under the Renewable Energy (Electricity) Act 2000 in relation to a small generation unit; and

the small generation unit:

consists or consisted of a component of the facility; or

includes or included a component of the facility.

each electricity generation system included in the facility generates electricity from at least one eligible renewable energy source; and

if a measurement standard prescribes a requirement that applies to the facility—the requirement is met; and

the facility is made up of the components included in the application; and

none of the components that make up the facility are included in:

an accredited power station; or

a registered renewable electricity facility; and

for each of the components that make up the facility:

the registered person owns the component alone; or

the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; or

the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; or

the registered person neither owns nor operates the component, but a written agreement is in force between the registered person and each owner of the component, and each operator of the component, to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; and

the facility is operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements; and

the facility, and each component of the facility, meets the requirements prescribed by the rules for the purposes of subsection (2).

must have regard to:

guidelines (if any) prescribed by the rules in relation to what components may make up an aggregated system; and

the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Imposition of conditions

a requirement that the capacity of an electricity generation system included in an aggregated system must not exceed a specified capacity; or

a requirement that the capacity of an energy storage system included in an aggregated system must not exceed a specified capacity.

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

the Regulator registers a facility that includes a component that generated or contributed to the generation of electricity before 1 January 1997; and

the facility is not an accredited power station;

the Regulator must determine a baseline for the facility.

(a) the Regulator had determined under paragraph 14(1)(a) of the Renewable Energy (Electricity) Act 2000 that the components that make up the facility are taken to be a power station for the purposes of that Act; and

the Regulator had determined under paragraph 14(1)(b) of that Act that the power station is eligible for accreditation; and

the Regulator were determining the 1997 eligible renewable power baseline for the power station in accordance with paragraph 14(3)(a) of that Act.

each component included in the facility; and

such other information as is prescribed by the rules.

on written application being made to the Regulator by the eligible registered person for the facility; or

on the Regulator’s own initiative.

notify the Regulator, in writing, if an event specified in subsection (2) occurs; and

do so within 1 month after the event occurs.

a component being added to, or removed from, the facility;

the facility ceasing to comply with a requirement prescribed by a measurement standard that applies to the facility;

the facility starting to generate electricity from a different eligible renewable energy source;

any other event prescribed by the rules.

the Regulator reasonably believes that a condition imposed on the registration of the facility under Subdivision B has been contravened; or

both of the following apply:

a component is added to, or removed from, the facility;

the Regulator is satisfied that the Regulator would not have registered the facility under Subdivision B if the component had not been included, or had been included, as the case may be, in the application to register the facility; or

the Regulator is no longer satisfied:

if the facility is an electricity generation system that is registered under section 79—that the facility meets the criteria in subsection (2) of that section; or

if the facility is an energy storage system that is registered under section 80—that the facility meets the criteria in subsection (2) of that section; or

if the facility is an aggregated system that is registered under section 81—that the facility meets the criteria in subsection (4) of that section.

state:

that the Regulator proposes to suspend or cancel the registration; and

the grounds for the proposed suspension or cancellation; and

if the Regulator proposes to suspend the registration—the proposed period of suspension; and

invite the eligible registered person to make a written submission to the Regulator about the proposed suspension or cancellation within a specified period.

an hour; or

a time period of a kind prescribed by the rules.

has created certificates in respect of the eligible amount of electricity for the facility and an hour that falls within the calendar year; and

has not created certificates in respect of the eligible amount of electricity for the facility and a time period that:

is of a kind prescribed by the rules for the purposes of paragraph 91(2)(b); and

falls within the calendar year.

the residual amount; and

the number of whole megawatt hours included in the residual amount;

may be added to the residual amount for the facility and the next calendar month (unless the next calendar month is a January).

the residual fractions for the facility and each hour that falls within the month; and

the amount (if any) added to the residual amount for the facility and the month in accordance with subsection (3).

the eligible amount of electricity for the facility and the hour; and

the number of whole megawatt hours included in that eligible amount.

the calendar year begins after 31 December 2030; or

the amount of renewable electricity generated by the facility in the calendar year before the start of the time period is equal to or greater than the facility’s legacy baseline; or

the certificate is covered by the rules.

the calendar year begins after 31 December 2030; or

the amount of renewable electricity generated by the facility in the calendar year before the start of the calendar month is equal to or greater than the facility’s legacy baseline; or

the certificate is covered by the rules.

the eligible amount of electricity for the facility and a time period; or

the residual amount for the facility and a calendar month;

the certificate must state the following:

the eligible registered person;

the facility;

the location of the facility;

the commissioning date of the facility;

the electricity network to which the facility is connected;

the time period or the calendar month, as the case may be;

that the certificate represents 1 megawatt hour of renewable electricity;

such other information as is prescribed by the rules.

Electricity generation systems

the facility has a legacy baseline; and

the time period or the calendar month, as the case may be, ends before 1 January 2031;

the certificate must also state whether it is a below-baseline certificate.

Optional information

a unique identification code; and

such other information relating to the identification of the certificate as is prescribed by the rules.

one certificate may be created for each whole specified unit (instead of each whole megawatt hour) included in the eligible amount; and

each of the certificates so created must state that it represents the specified unit of renewable electricity.

Certificates created in respect of residual amounts

despite subsection 92(2) and paragraph 94(1)(i):

one certificate may be created for each whole specified unit (instead of each whole megawatt hour) included in the residual amount; and

each of the certificates so created must state that it represents the specified unit of renewable electricity; and

(b) subsection 92(5) has effect, for the purposes of working out the residual amount, as if paragraph (b) of the definition of residual fraction in that subsection referred to whole specified units instead of whole megawatt hours.

an electricity generation system has a direct supply relationship with an energy storage system; and

(b) an amount of electricity (the directly supplied amount) is dispatched by the electricity generation system to the energy storage system during a time period;

the directly supplied amount is to be deducted from the amount of electricity dispatched by the electricity generation system during the time period for the purposes of working out the eligible amount of electricity for the electricity generation system and the time period.

electricity generated or dispatched by the facility during the time period formed the basis of calculating another amount for the purposes of:

(i) the Renewable Energy (Electricity) Act 2000; or

a scheme prescribed by the rules; and

another certificate (however described) has been created in respect of that calculated amount.

Certificates created in respect of residual amounts

electricity generated or dispatched by the facility during the month formed the basis of calculating another amount for the purposes of:

(i) the Renewable Energy (Electricity) Act 2000; or

a scheme prescribed by the rules; and

another certificate (however described) has been created in respect of that calculated amount.

a registered renewable electricity facility is an accredited power station; and

(b) the registration under the Renewable Energy (Electricity) Act 2000 of the nominated person for the accredited power station is suspended under section 30 or 30A of that Act.

while the suspension is in force:

create a REGO certificate in respect of the eligible amount of electricity for the facility and a time period; or

create a REGO certificate in respect of the residual amount for a facility and a calendar month; or

create a REGO certificate in respect of:

the eligible amount of electricity for the facility and a time period that falls within, or overlaps with, the period of suspension; or

the residual amount for a facility and a calendar month that falls within, or overlaps with, the period of suspension.

1 penalty unit for each REGO certificate to which the contravention relates, up to a maximum of 10,000 penalty units; and

100 penalty units.

5 penalty units for each REGO certificate to which the contravention relates, up to a maximum of 50,000 penalty units; and

500 penalty units.

Subdivision D—Registration of certificates

the eligible amount of electricity for the facility and a time period; or

the residual amount for the facility and a calendar month.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules; and

include the information (if any) that is prescribed by the rules.

register the certificates; or

refuse to register the certificates.

Timing

the certificates have been created in accordance with this Act; and

the information stated in the certificates is correct.

Energy storage systems

there is a direct supply relationship between the energy storage system and an electricity generation system, and that direct supply relationship is covered by the rules; or

the total number of the following is equal to the number worked out, in accordance with a formula or method prescribed by the rules, in relation to the number of megawatt hours of renewable electricity represented by the certificates:

a number of megawatt hours of renewable electricity that is represented by REGO certificates retired by the Regulator for the purposes of the application at the request of the eligible registered person;

a number of large-scale generation certificates surrendered by the eligible registered person for the purposes of the application;

a number of megawatt hours of renewable electricity that is worked out, in accordance with a formula or method prescribed by the rules, in relation to the amount of electricity that has been transferred to the facility from an electricity generation system with which the facility has a direct supply relationship.

Relevant considerations

must have regard to the matters (if any) prescribed by the rules; and

may have regard to any other matter the Regulator considers relevant.

Registered owner

be in the form approved, in writing, by the Regulator; and

state the first day on which the other registered person is to be the registered owner of the certificate; and

meet the requirements (if any) prescribed by the rules.

that the other registered person is the registered owner of the certificate; and

the first day on which the other registered person is the registered owner of the certificate.

if the other registered person has not agreed, in writing, to the transfer; or

if the registration of the other registered person is suspended under section 18; or

in circumstances prescribed by the rules.

in relation to a REGO certificate that has been retired; or

by a person whose registration is suspended under section 18.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules; and

include the following information:

the purpose of the retirement;

the person (who may be the registered person) or entity for whose benefit the certificate is retired;

such other information as is prescribed by the rules.

retire the certificate by updating the register to record that the certificate is retired at the start of a specified day; and

update the certificate to include the information mentioned in paragraph (2)(c).

the time period or the calendar month, as the case may be, ends before 1 January 2031; and

the rules prescribe conditions that apply to the retirement; and

those conditions are not satisfied.

a condition that the registered owner of a below-baseline certificate be undertaking a specified activity; or

a condition that a below-baseline certificate be retired for a specified purpose; or

a condition that a request to retire a below-baseline certificate be made before the end of a specified period beginning when the certificate is created.

on written application being made to the Regulator by the registered owner of the certificate; or

on the Regulator’s own initiative.

the name of each registered person;

each registered profile;

each registered PGO certificate;

the name of each registered renewable electricity facility;

each registered REGO certificate.

any registered profile held by the person; and

any facility for which the person is the eligible registered person; and

whether the person’s registration is suspended, cancelled or surrendered; and

if the person’s registration is suspended—the period of suspension; and

such other information as is prescribed by the rules.

Registered profiles

the holder of the profile; and

whether the profile is suspended, cancelled or surrendered; and

if the profile is suspended—the period of suspension; and

such other information as is prescribed by the rules.

Registered PGO certificates

whether the certificate is valid; and

if the certificate is not valid—the reason why the certificate was invalidated; and

such other information as is prescribed by the rules.

Registered renewable electricity facilities

the eligible registered person for the facility; and

whether the facility is an accredited power station, an electricity generation system other than an accredited power station, an energy storage system or an aggregated system; and

the location of the facility; and

the commissioning date of the facility; and

the electricity network to which the facility is connected; and

if the registered renewable electricity facility is an electricity generation system or an aggregated system—the eligible renewable energy source of the electricity generation system; and

whether the facility’s registration is suspended, cancelled or surrendered; and

if the facility’s registration is suspended—the period of suspension; and

such other information as is prescribed by the rules.

Registered REGO certificates

the registered owner of the certificate; and

whether the certificate has been retired; and

if the certificate has been retired—the day of retirement; and

such other information as is prescribed by the rules.

to not include specified information in the register; or

to remove specified information from the register.

the publication of the information specified in the application may prejudice national security; or

the publication of the information specified in the application may harm public safety or the safety of an individual; or

the information specified in the application contains commercially sensitive information; or

the information specified in the application is covered by the rules.

prescribe 2 or more fees for the same matter;

prescribe a method for working out a fee;

prescribe circumstances in which a person is exempt from paying a specified fee;

prescribe different fees for different classes of persons or activities;

specify that the amount of a fee is the cost (including the internal cost) incurred by the Regulator or the Commonwealth in arranging and paying for another person to carry out the relevant fee-bearing activity.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the Regulator to be permitted or required to waive a cost-recovery charge in specified circumstances;

the Regulator to be permitted or required to refund, or remit, in whole or in part, a cost-recovery charge in specified circumstances.

a person is, or has been, a registered person; and

the Regulator reasonably suspects that the person has contravened, is contravening, or is proposing to contravene:

this Act; or

(ii) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to this Act.

Audit

appoint as an audit team leader:

an approved auditor of the person’s choice; or

if the Regulator specifies a registered greenhouse and energy auditor in the notice—that auditor; or

if the Regulator specifies more than one registered greenhouse and energy auditor in the notice—any one of those auditors; and

arrange for the audit team leader to carry out an audit on one or more aspects of the person’s compliance with:

this Act; or

(ii) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to this Act; and

arrange for the audit team leader to give the person a written report setting out the results of the audit; and

give the Regulator a copy of the audit report on or before the day specified in the notice.

the type of audit to be carried out; and

the matters to be covered by the audit; and

the form of the audit report and the kinds of details it is to contain.

the Regulator gives a person a notice under subsection 125(2); and

(b) in complying with that notice, the person arranges for an audit team leader to carry out an audit on one or more aspects of the person’s compliance with the following provisions (the relevant provisions):

this Act;

(ii) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to this Act; and

the audit report does not indicate that there is evidence of non-compliance by the person with the relevant provisions; and

the person requests the Regulator to reimburse the person for reasonable costs incurred by the person in relation to the carrying out of the audit;

the Regulator may, on behalf of the Commonwealth, reimburse the person for those costs if the Regulator considers it appropriate to do so.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the report prepared by an audit team leader in accordance with the notice; and

whether the person would suffer financial hardship if the person were not reimbursed for those costs; and

such other matters (if any) as the Regulator considers relevant.

the Regulator registers a production profile following an application by the person; or

the person first gives the Regulator a declaration under section 61 (declaration in relation to annual reconciliation check); or

the fifth anniversary, or a subsequent fifth anniversary, of an event mentioned in paragraph (b) of this subsection occurs; or

both of the following apply:

the person gives the Regulator a declaration under section 61 (declaration in relation to annual reconciliation check);

any circumstances prescribed by the rules apply; or

both of the following apply:

the person is or has been the eligible registered person for a registered renewable electricity facility;

any circumstances prescribed by the rules apply.

Audit

appoint as an audit team leader:

an approved auditor of the person’s choice; or

if the Regulator specifies a registered greenhouse and energy auditor in the notice—that auditor; or

if the Regulator specifies more than one registered greenhouse and energy auditor in the notice—any one of those auditors; and

arrange for the audit team leader to carry out an audit on one or more aspects of the person’s compliance with:

this Act; or

(ii) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to this Act; and

arrange for the audit team leader to give the person a written report setting out the results of the audit; and

give the Regulator a copy of the audit report on or before the day specified in the notice.

the type of audit to be carried out; and

the matters to be covered by the audit; and

the form of the audit report and the kinds of details it is to contain.

the holder of a registered profile; or

the eligible registered person for a registered renewable electricity facility;

the Regulator may appoint a registered greenhouse and energy auditor as an audit team leader to carry out an audit of the person’s compliance with one or more aspects of this Act.

specify the audit team leader; and

specify the period within which the audit is to be undertaken; and

specify the type of audit to be carried out; and

specify the matters to be covered by the audit; and

be given to the person at a reasonable time before the audit is to be undertaken.

provide any such information; or

produce any such documents.

to enter premises; or

to take samples of any thing on premises; or

to inspect any thing on premises.

a person is, or has been, an audit team leader or a person assisting an audit team leader; and

the person has obtained protected audit information:

the person must not:

disclose the information to another person; or

use the information.

the disclosure or use is authorised by a provision of this Act;

the disclosure or use is authorised or required by:

a law of the Commonwealth; or

a law of a State or a Territory prescribed by the rules.

Subdivision C—Disclosure or use of audit information

the use is for a purpose prescribed by rules made for the purposes of this paragraph; and

the use complies with any conditions prescribed by rules made for the purposes of this paragraph.

the disclosure is for a purpose prescribed by rules made for the purposes of this paragraph; and

the disclosure complies with any conditions prescribed by rules made for the purposes of this paragraph.

has information or a document that is relevant to the operation of this Act; or

is capable of giving evidence which the Chair has reasonable grounds to believe is relevant to the operation of this Act.

to give to the Regulator, within the period and in the manner and form specified in the notice, any such information; or

to produce to the Regulator, within the period and in the manner specified in the notice, any such documents; or

to make copies of any such documents and to produce to the Regulator, within the period and in the manner specified in the notice, those copies; or

(d) if the person is an individual—to appear before an official of the Regulator (within the meaning of the Clean Energy Regulator Act 2011) at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

(e) if the person is a body corporate—to cause a competent officer of the body to appear before an official of the Regulator (within the meaning of the Clean Energy Regulator Act 2011) at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

if the notice is under paragraph (2)(d)—state that the person can be accompanied by a legal representative when appearing before the official; and

if the notice is under paragraph (2)(e)—state that the officer can be accompanied by a legal representative when appearing before the official; and

(c) in any case—set out the effect of subsection (5) of this section (including the penalty), subsection 142(2) of this Act and sections 137.1 and 137.2 of the Criminal Code.

the person is given a notice under subsection (2); and

the person fails to comply with the notice.

inspect a document or copy produced under subsection 138(2); and

make and retain copies of, or take and retain extracts from, such a document.

the information or evidence given or document or copy produced; and

the giving of the information or evidence or the production of the document or copy; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the information or evidence or the production of the document or copy;

are not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against Criminal Code that relates to this Act.section 138 of this Act or section 137.1 or 137.2 of the

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Additional matters to be taken into account in determining a pecuniary penalty

in any case—the extent of the person’s cooperation with the Regulator; and

if the person is a body corporate:

the level of the employees, officers or agents of the body corporate involved in the contravention; and

whether the body corporate exercised due diligence to avoid the contravention; and

whether the body corporate had a corporate culture conducive to compliance.

Extension to external Territories

section 25 (notification of events relevant to fit and proper person test);

section 26 (notification of change in control);

subsection 103(1) (improper creation of REGO certificates);

subsection 125(5) (compliance audits);

subsection 127(5) (scheduled audits);

subsection 138(5) (Regulator may obtain information or documents);

subsection 150(2) (record keeping).

Infringement officer

2 or more alleged contraventions of a provision mentioned in subsection (1) of this section; or

alleged contraventions of 2 or more provisions mentioned in subsection (1) of this section.

However, the notice must not require the person to pay more than one amount in respect of the same conduct.

Matters to be included in infringement notice

a provision of this Act that creates an offence;

a civil penalty provision of this Act.

Authorised person

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Undertakings to be expressed to be for the purposes of this Act

a provision of this Act that creates an offence;

a civil penalty provision of this Act.

Authorised person

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.

Extension to external Territories

a person who is:

a member of the staff of the Regulator; and

an SES employee or acting SES employee;

a person who is:

a member of the staff of the Regulator; and

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.

is subject to a requirement under this section; and

fails to comply with the requirement.

be in the form approved, in writing, by the Regulator; and

meet the requirements (if any) prescribed by the rules.

the reasons for making the application; and

the information (if any) that is prescribed by the rules.

reconsider the reviewable decision; and

make a decision:

affirming the reviewable decision; or

varying the reviewable decision; or

setting aside the reviewable decision and making a decision in substitution for it.

reconsider the reviewable decision; and

make a decision:

affirming the reviewable decision; or

varying the reviewable decision; or

setting aside the reviewable decision and making a decision in substitution for it.

was not involved in making the reviewable decision; and

holds a higher position than the delegate who made the reviewable decision.

the Secretary; or

an SES employee, or acting SES employee, in the Department.

under this Act; or

under Parts 4, 5, 6 or 7 of the Regulatory Powers Act in relation to the provisions of this Act;

to:

a member of the Regulator; or

a person who is:

a member of the staff of the Regulator; and

an SES employee or acting SES employee; or

a person who is:

a member of the staff of the Regulator; and

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or

a person who is:

(i) a person assisting the Regulator under Clean Energy Regulator Act 2011; andsection 37 of the

an SES employee or acting SES employee in a Department mentioned in subsection (2) of this section; or

a person who is:

(i) a person assisting the Regulator under Clean Energy Regulator Act 2011; andsection 37 of the

an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in a Department mentioned in subsection (2) of this section.

(a) the Department administered by the Minister administering the Clean Energy Regulator Act 2011; and

(b) the Department administered by the Minister administering the Nature Repair Act 2023.

required or permitted by this Act to be prescribed by the rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.

this Act (other than Part 6 (cost recovery));

(b) the amendments made by the Future Made in Australia (Guarantee of Origin Consequential Amendments and Transitional Provisions) Act 2024;

(c) each legislative instrument made under a provision amended by the Future Made in Australia (Guarantee of Origin Consequential Amendments and Transitional Provisions) Act 2024.

Report

be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister; and

be published on the Department’s website as soon as practicable after the earliest day on which a copy of the report is tabled in a House of the Parliament.

What review must consider

must consider the matters set out in subsection (5); and

may consider potential changes to the Guarantee of Origin legislation in relation to any matter referred to in subsection (5).

the effectiveness of the Guarantee of Origin legislation in meeting the objects of this Act;

the functionality and efficiency of the Guarantee of Origin legislation, taking into account the relevant market conditions;

changes in relation to the international environment relevant to the operation of the Guarantee of Origin legislation, including in relation to:

international agreements to which Australia is a party; and

market, technological or legislative matters; and

emissions accounting and certification schemes;

any other matters relevant to the operation of the Guarantee of Origin legislation that the Minister directs, in writing, the review to consider.

First review