{"id":"F2018L01623","name":"Clean Energy Regulator Regulations 2018","slug":"clean-energy-regulator-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98277,"registerId":"commonwealth-F2018L01623-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Clean Energy Regulator Regulations 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Clean Energy Regulator Act 2011.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means the Clean Energy Regulator Act 2011.\n\n> small‑scale technology certificate has the same meaning as in the Renewable Energy (Electricity) Act 2000.","sortOrder":2},{"sectionNumber":"4A","sectionType":"section","heading":"Prescribed functions of the Regulator","content":"#### 4A Prescribed functions of the Regulator\n\n  For the purposes of paragraph 12(ba) of the Act, a function of the Regulator is purchasing and surrendering, or supporting the Department to purchase and surrender, small‑scale technology certificates for the purposes of the program established by the Commonwealth and known as the Cheaper Home Batteries Program.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Disclosure to certain agencies, bodies and persons","content":"#### 5 Disclosure to certain agencies, bodies and persons\n\n  Agencies and authorities of the Commonwealth\n  (1) For the purposes of paragraph 49(1)(ub) of the Act, the following are prescribed:\n    (a) the Commonwealth Scientific and Industrial Research Organisation;\n    (b) the Commonwealth Bureau of Meteorology;\n    (c) Geoscience Australia;\n    (d) the Murray‑Darling Basin Authority;\n    (e) the National Offshore Petroleum Safety and Environmental Management Authority;\n    (f) Safe Work Australia;\n    (g) the Emissions Reduction Assurance Committee;\n    (ga) the Australian Crime Commission;\n    (h) any other agency or authority of the Commonwealth that deals with:\n    (i) fair trading or consumer protection; or\n    (ii) health, safety or emergencies.\n  State/Territory government bodies\n  (2) For the purposes of paragraph 49(1)(w) of the Act, the following are prescribed:\n    (a) NSW Fair Trading;\n    (b) that part of the Department of Justice of New South Wales known as the Office of Emergency Management;\n    (c) Energy Safe Victoria;\n    (d) that part of the Department for Energy and Mining of South Australia known as the Office of the Technical Regulator;\n    (e) any other State/Territory government body that deals with:\n    (i) fair trading or consumer protection; or\n    (ii) health, safety or emergencies.\n  International climate change body\n  (3) For the purposes of paragraph 49(1)(x) of the Act, the Secretariat established under Article 8 of the Climate Change Convention is prescribed.\n  Professional disciplinary bodies\n  (4) For the purposes of paragraph 49(1)(y) of the Act, the following are prescribed:\n    (a) the Clean Energy Council Limited (ACN 127 102 443);\n    (b) a scheme operator (within the meaning of Subdivision 2.3.4 of Division 2.3 of Part 2 of the Renewable Energy (Electricity) Regulations 2001) that is a body corporate.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument prescribes a specific new function for the Regulator—purchasing and surrendering small‑scale technology certificates for the Cheaper Home Batteries Program (s4A)—and it formally expands/clarifies who may receive Regulator disclosures by naming Commonwealth and State/Territory agencies, an international secretariat, and specified professional bodies (s5). These actions broaden the Regulator’s operational role and its authorised information‑sharing recipients under the Act."},"complexity_factors":["Cross‑references to primary legislation: made under the Clean Energy Regulator Act 2011 (s3) and relies on the definition of small‑scale technology certificate in the Renewable Energy (Electricity) Act 2000 (s4).","Adds an operational function with program linkage: prescribes purchasing and surrendering certificates specifically for the Cheaper Home Batteries Program (s4A), creating operational and administrative duties.","Information‑sharing schedule: a list of named Commonwealth and State/Territory agencies, an international secretariat, and professional bodies authorised to receive disclosures (s5(1)–(4)).","Catch‑all clauses: open‑ended subclauses allow disclosure to any other agency dealing with certain topics at Commonwealth and State levels (s5(1)(h), s5(2)(e)), increasing interpretive scope.","Multiple jurisdictions and actors: recipients include Commonwealth agencies, state bodies, an international body, and private corporate entities (s5), which adds coordination and compliance complexity across jurisdictions."],"plain_english_summary":"This regulation authorises the Clean Energy Regulator to buy and surrender small‑scale technology certificates to support the Commonwealth’s Cheaper Home Batteries Program, and it specifies which agencies and bodies the Regulator may disclose information to. It affects certificate holders, program administrators, and a range of Commonwealth, state and professional bodies by formalising an operational role for the Regulator in retiring certificates and setting permitted information‑sharing recipients."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: supporting the Clean Energy Regulator's operations through machinery provisions. The addition of the home battery program function (s 4A) and updates to disclosure recipients (s 5) are incremental expansions consistent with the instrument's established role of operationalising the parent Act. No mission creep or significant deviation from original intent."},"complexity_factors":["Very short instrument — only 5 substantive provisions","Minimal defined terms — only 2 definitions (Act and small-scale technology certificate)","No nested conditional logic or exceptions to exceptions","Straightforward lists of prescribed bodies with simple categorical criteria (fair trading, health, safety, emergencies)","Single cross-reference to parent Act (Clean Energy Regulator Act 2011) and one external statute (Renewable Energy (Electricity) Act 2000)","No operative provisions creating substantive rights or obligations — purely administrative machinery prescribing functions and disclosure permissions"],"plain_english_summary":"These regulations give the Clean Energy Regulator specific powers to buy and cancel small‑scale technology certificates to run the Cheaper Home Batteries Program and set who the Regulator can share sensitive energy and emissions data with (e.g., science and safety agencies, state consumer/safety bodies, international climate organisations, and industry discipline bodies).\n\nIt affects households in battery subsidy schemes, renewable installers and firms, and government agencies that rely on energy data — enabling program delivery and controlled information sharing without breaching confidentiality."}},"importantCases":[],"_links":{"self":"/api/acts/clean-energy-regulator-regulations-2018","history":"/api/acts/clean-energy-regulator-regulations-2018/history","analysis":"/api/acts/clean-energy-regulator-regulations-2018/analysis","conflicts":"/api/acts/clean-energy-regulator-regulations-2018/conflicts","importantCases":"/api/acts/clean-energy-regulator-regulations-2018/important-cases","documents":"/api/acts/clean-energy-regulator-regulations-2018/documents"}}