Future Made in Australia (Guarantee of Origin) Rules 2025

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Approved auditor—Act, s5, def approved auditor

6  Meaning of related scheme

Part 2—Registration for the Act

7  Definitions—pt 2

8  Application for registration—Act, pars 12(2)(b) and (c)

9  Identity evidence for application—Act, pars 12(2)(b) and (c)

10  Form of documents for application—Act, pars 12(2)(b) and (c)

11  Aboriginal persons or Torres Strait Islanders—Act, pars 12(2)(b) and (c)

12  Matters relating to registration—Act, par 15(3)(a)

13  Notification circumstances—Act, par 17(a)

14  Suspension of registration—Act, par 18(1)(c)

15  Cancellation of registration—Act, par 19(c)

Part 3—Certification of products

Division 3.1—PGO profiles

16  Production profile application—Act, pars 30(2)(j) and (4)(d)

17  Production profile registration—Act, pars 33(3)(a) and (5)(b)

18  Delivery profile application—Act, pars 34(2)(h) and (4)(d)

19  Delivery profile registration—Act, pars 37(5)(a) and (6)

20  Consumption profile application—Act, pars 38(2)(h) and (4)(d)

21  Consumption profile registration—Act, s 41(5)(a) and (6)

22  Correction of profiles—Act, sub 42(5)

23  Transfer of profiles—Act, sub 43(1)

24  Profile suspension or cancellation—Act, sub 46(2)

Division 3.2—Certification of products

25  Certificate content—Act, par 50(1)(l)

26  Certificate post-production information—Act, par 55(3)(d)

Division 3.3—Registration of PGO certificates

27  Registration of certificates—Act, s 56(2)(b) and (9)

28  Addition of consumption information—Act, pars 59(2)(d), (3)(b) and (8)(a)

29  PGO certificate activity statement—Act, par 60(3)(b)

30  Annual reconciliation check correction—Act, par 62(2)(a)

31  Other corrections—pre-declaration day—Act, par 63(1)(b)

32  Invalidating incorrect certificates—Act, pars 65(1)(d) and (2)(a)

Part 4—Certification of renewable electricity

Division 4.1—Preliminary

33  Definitions—pt 4

34  Eligible renewable energy sources—Act, s 69

35  Direct supply relationship—Act, par 71(b)

Division 4.2—Renewable electricity facility registration

36  Accredited power station application—Act, par 74(3)(h)

37  Other facility application—Act, pars 75(2)(b), (3)(h), (j) and (4)

38  Accredited power station registration—Act, s 78(3)(a) and (4)

39  Other facility registration—Act, s 79(2)(g), (4)(a)(i), (4)(a)(ii), (5) and (7)

40  Energy storage system registration—Act, s 80(2)(f), (4)(a) (ii), (5) and (7)

41  Facility identification code

42  Change of eligible person—Act, s 82(3)(a)

43  Creation and variation of record—Act, par 84(1)(b)

44  Notification of events—Act, par 85(2)(d)

45  Suspension or cancellation of facility registration—Act, sub 88(2)

Division 4.3—Eligible amounts—Act, s 91

46  Prescribed time period—Act, par 91(2)(b)

47  Eligible amount—Act, s 91(4)

48  Eligible amount—electricity generation systems

49  Energy storage system maximum eligible amount

50  Energy storage system—mixed charging sources

51  Certificates that are not below-baseline—Act, pars 93(1)(c) and 93(2)(c)

Division 4.4—REGO certificates

52  Certificate content—Act, s 94(1)(j) and (6)

53  Double counting—Act, subpars 99(1)(a)(ii) and (2)(a)(ii)

54  REGO certificate registration—Act, pars 104(2)(c) and (7)(a)

55  REGO certificate transfer—Act, pars 106(2)(c) and (4)(c)

56  REGO certificate retirement—Act, s 107(2)(b), (c)(iii) and (4)

57  Below-baseline certificate retirement—Act, s 108(2)

58  REGO certificate correction—Act, s 110(3)

Part 5—The GO Register

59  The GO Register—Act, s 113

60  Register amendment

Part 6—Cost‑recovery charges

61  Meaning of Charges Act—Part 6

62  Fee‑bearing activities—Act, subs 117(1), pars 118(a) and (c)

63  Annual charges—Act, s 118

64  Applications to remit cost-recovery charges—Act, par 122(3)(b)

65  Waiving charges—Act, par 123(1)(a)

66  Refunding charges—Act, par 123(1)(b)

67  Phasing‑in charges for certain production pathways—Act, par 123(1)(b)

Part 7—Audits

68  Compliance audit reimbursement—Act, par 126(2)(b)

69  Scheduled audits—Act, subpar 127(1)(d)(ii)

70  Secrecy—protected audit information—Act, subpar 133(2)(b)(ii)

71  Use and disclosure of audit information—Act, subs 136(1) and (2)

Part 8—Other matters

72  Record keeping—Act, sub 150(1)

73  Review of decisions—Act s 152, item 29 and sub 153(3)(b)

Schedule 1—Documents for establishing applicant’s identity

Part 2.1—Documents for identifying individuals who are Australian citizens or residents

1  Category A documents

2  Category B documents

Part 2.2—Documents for identifying individuals who are neither Australian citizens nor ordinarily resident in Australia

3  Category A documents

4  Category B documents

Schedule 2—Product-specific attributes

Part 4.1—Hydrogen

1  Hydrogen—generally

2  Hydrogen produced by electrolysis pathway

Schedule 3—Electricity generation system—component guidelines

2  Solar energy

3  Wind energy

4  Hydro

5  Wave, tide or ocean energy

6  Hot dry rock or geothermal-aquifer

7  Bioenergy

8  Co-firing

Schedule 4—Energy storage system—component guidelines

2  Battery Energy Storage System

3  Compressed Gas Energy Storage System

4  Thermal Energy Storage System

5  Kinetic Energy Storage System

6  Gravitational Energy Storage Systems

7  Pumped Hydro Energy Storage Systems

Schedule 5—First Nations attributes

1.1 Definitions—sch 1

1.2 First Nations attributes

Schedule 6—Phase-in remission

Part 6.1—Eligibility for remission

1.1 Hydrogen production by electrolysis

Part 6.2—Amounts of phase-in remission

2.1 Hydrogen production by electrolysis

Part 1—Preliminary

1  Name

  This instrument is the Future Made in Australia (Guarantee of Origin) Rules 2025.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

• Commencement information
• Column 1 Column 2 Column 3
• Provisions Commencement Date/Details
• 1. The whole of this instrument The later of:(a) the start of the day after this instrument is registered; and(b) immediately after the commencement of the Future Made in Australia (Guarantee of Origin) Act 2024.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 160 of the Future Made in Australia (Guarantee of Origin) Act 2024.

4  Definitions

Note 1: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:

(a) associate;

(b) climate change law;

(c) controls;

(d) designated large facility;

(e) guarantee of origin audit;

(f) electricity network;

(g) guarantee of origin audit report;

(h) holder;

(i) large-scale generation certificate;

(j) NGER facility;

(k) small generation unit.

Note 2: The term “exclusive economic zone” is defined in the Acts Interpretation Act 1901.

  In this instrument:

ABN (short for “Australian Business Number”) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

Aboriginal and Torres Strait Islander person, for Schedule 5 (First Nations attributes): see Schedule 5, section 1.1.

Aboriginal or Torres Strait Islander land rights law means any of the following laws:

 (a) the Aboriginal Land Rights (Northern Territory) Act 1976;

 (b) the Native Title Act 1993;

 (c) a law of a State or Territory that corresponds, or substantially corresponds, to a law mentioned in paragraph (a) or (b).

ACCU generating project means a project that is an eligible offsets project under the Carbon Credits (Carbon Farming Initiative) Act 2011.

ACN has the same meaning as in the Corporations Act 2001.

Act means the Future Made in Australia (Guarantee of Origin) Act 2024.

AEMO, for Part 4 (Certification of renewable energy): see section 33.

ARBN has the same meaning as in the Corporations Act 2001.

carbon dioxide equivalence has the same meaning as in the National Greenhouse and Energy Reporting Act 2007.

category A document, for Part 2 (Registration for the Act): see section 7.

category B document, for Part 2 (Registration for the Act): see section 7.

certified entity, for Schedule 5 (First Nations attributes): see Schedule 5, section 1.1.

Charges Act, for Part 6 (Cost recovery charges): see section 61.

CO2-e: see carbon dioxide equivalence.

Commonwealth grant or assistance means:

 (a) funding under the program known as Hydrogen Headstart; or

 (b) the hydrogen production tax offset; or

 (c) the credit known as the Green Aluminium Production Credit.

digital identity, of an individual, for Part 2 (Registration for the Act): see section 7.

document verification service, for Part 2 (Registration for the Act): see section 7.

ecologically sustainable, for Part 4 (Certification of renewable electricity): see section 33.

EITE facility means a facility that carries on an emissions-intensive trade-exposed activity within the meaning of the Renewable Energy (Electricity) Act 2000.

facility identification code, of a registered renewable electricity facility: see paragraph 41(a).

First Nations attribute means a short description mentioned in column 1 of the table in section 1.2 of Schedule 5 (First Nations attributes) and the circumstance in column 2 of that Schedule for the short description.

First Nations cultural heritage law means each of the following laws:

 (a) the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;

 (b) the Aboriginal Land Rights (Northern Territory) Act 1976;

 (c) the Native Title Act 1993;

 (d) the Protection of Movable Cultural Heritage Act 1986;

 (e) the Racial Discrimination Act 1975;

 (f) a law of a State or Territory that corresponds, or substantially corresponds, to a law mentioned in paragraphs (a) to (e).

foreign person, for Part 2 (Registration for the Act): see section 7.

GO certificate means:

 (a) a PGO certificate; or

 (b) a REGO certificate.

GO profile means:

 (a) a production profile; or

 (b) a delivery profile; or

 (c) a consumption profile.

hydrogen production tax offset has the same meaning as in the Income Tax Assessment Act 1997.

hydro system, for part 4 (Certification of renewable electricity): see section 33.

ICN has the same meaning as in the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

identity evidence, for a person, for Part 2 (Registration for the Act): see section 7.

identity service provider, for Part 2 (Registration for the Act): see section 7.

Indigenous enterprise, for Schedule 5 (First Nations attributes): see Schedule 5, section 1.1.

interconnected hydro systems, for part 4 (Certification of renewable electricity): see section 33.

improperly created: a REGO certificate is improperly created if the certificate is created in respect of an eligible amount for a facility:

 (a) based on false or misleading information; or

 (b) that failed to meet a requirement prescribed in a measurement standard that applies to the facility; or

 (c) other than in accordance with:

 (i) the Act; or

 (ii) an instrument made under the Act; or

 (iii) a condition imposed on the registration of the facility.

interconnected hydro systems, for part 4 (Certification of renewable electricity): see section 33.

nameplate capacity, of a facility, means:

 (a) if the facility is an energy storage system other than an energy storage system that is a hydro system:

 (i) the nameplate storage capacity of the facility in megawatt hours; and

 (ii) the nameplate storage power of the facility in megawatts; and

 (b) in any other case—the capacity of the facility in megawatts.

National Electricity Rules means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.

network support and control ancillary services, for Part 4 (Certification of renewable energy): see section 33.

nominated person, for an accredited power station, for Part 4 (Certification of renewable energy): see section 33.

purchase, of goods and services, for Schedule 5 (First Nations attributes): see Schedule 5, section 1.1.

REE Act means the Renewable Energy (Electricity) Act 2000.

related scheme: see section 6.

scheduled audit, of a registered person, means an audit under section 127 of the Act.

suitability event, in relation to a person, means an event relating to any matter mentioned in subsection 24(2) (Fit and proper person test) of the Act.

water flows, for a hydro system, for part 4 (Certification of renewable electricity): see section 33.

5  Approved auditor—Act, s5, def approved auditor

 (1) A registered greenhouse and energy auditor who is a Category 2 auditor is prescribed as an approved auditor.

Category 2 auditor has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008.

6  Meaning of related scheme

  In this instrument:

related scheme—a scheme is a related scheme if:

 (a) the scheme:

 (i) is established under a law of the Commonwealth, a State or Territory; or

 (ii) receives funding from the Commonwealth, a State or Territory; and

 (b) an objective of the scheme corresponds, or substantially corresponds, to an objective of the Act.

Part 2—Registration for the Act

7  Definitions—pt 2

category A document has the meaning given by:

 (a) for an individual who is an Australian citizen or ordinarily resident in Australia—clause 1 of Schedule 1 (Documents for establishing applicant’s identity); and

 (b) in any other case—clause 3 of Schedule 1.

category B document has the meaning given by:

 (a) for an individual who is an Australian citizen or ordinarily resident in Australia—clause 2 of Schedule 1; and

 (b) in any other case—clause 4 of Schedule 1.

digital identity, of an individual, means a distinct electronic representation of the individual that enables the individual to be sufficiently distinguished when interacting online with services.

document verification service: see DVS.

DVS has the same meaning as in the Identity Verification Services Act 2023.

foreign person means any of the following:

 (a) an individual who is not ordinarily resident in Australia;

 (b) a body corporate that:

 (i) is incorporated outside Australia; or

 (ii) is an authority of a foreign country;

 (c) a corporation sole that:

 (i) is incorporated outside Australia; or

 (ii) is an authority of a foreign country;

 (d) a body politic of a foreign country;

 (e) a trust, where the trustee, or a majority of the trustees, are covered by any or all of the above paragraphs.

identity evidence, for a person, means:

 (a) if the person’s identity is to be verified by means of digital identity—the person’s digital identity; or

 (b) in any other case—the documents required to be given to the Regulator under sections 9, 10 and 11 for that kind of person, and any document identifiers given in place of such documents.

identity service provider means an accredited participant in the system known as the Australian Government Digital Identity System, or that system continuing in existence with a different name, that provides a service that generates, manages, maintains or verifies information relating to the identity of an individual.

8  Application for registration—Act, pars 12(2)(b) and (c)

 (1) An application for registration for the purposes of the Act must include the following information:

 (a) the applicant’s full name, address and contact details;

 (b) the applicant’s business name or trading name, if different from the full name;

 (c) the address of the applicant’s principal place of business;

 (d) the applicant’s ABN, ACN, ARBN, ICN or other unique number;

 (e) the applicant’s status as one of the following:

 (i) an individual, including an individual who is a sole trader;

 (ii) a body corporate;

 (iii) a corporation sole;

 (iv) a body politic;

 (v) a local governing body;

 (vi) a trust;

 (f) each jurisdiction in which the applicant operates as an entity mentioned in paragraph (e);

 (g) if the applicant is an individual (including an individual who is a sole trader)—the following:

 (i) the individual’s date of birth and residential address;

 (ii) any other name by which the individual is or has been known;

 (h) if the applicant is a body corporate—the following:

 (i) a description of the form in which the body has been incorporated;

 (ii) if the body is a foreign person—the full name, address and contact details of any Australian agent through which the body conducts business;

 (i) if the applicant is a trust—the following:

 (i) the full name and address of each trustee of the trust;

 (ii) a description of the type of trust the trust is;

 (iii) for each trustee that is an individual—the information mentioned in paragraph (g);

 (iv) for each trustee that is a body corporate—the information mentioned in paragraphs (d) and (h);

 (j) if the applicant is a private trust—the following:

 (i) details of any class of beneficiaries identified by the terms of the trust;

 (ii) the full name and date of birth of each beneficiary of the trust who is an individual, other than an individual identified in a class mentioned in subparagraph (i);

 (iii) the name (and any business name or trading name, if different) of each beneficiary of the trust who is not an individual, other than a person identified in a class mentioned in subparagraph (i);

 (k) if the applicant is an incorporated association, or a registered cooperative, that does not have a registered address or principal place of business—the full name and address of a public officer, secretary, president or treasurer of the body.

 (2) An application must also:

 (a) state whether either of the following has occurred in relation to the applicant:

 (i) a suitability event;

 (ii) a contravention of a First Nations cultural heritage law; and

 (b) if the application states an event or contravention mentioned in paragraph (a) has occurred—include details of the event or contravention; and

 (c) if the applicant were registered and another person would control the applicant—state that fact.

private trust means a trust that is not:

 (a) a government superannuation fund established by a law of the Commonwealth, a State or Territory; or

 (b) a trust registered with, and subject to the regulatory oversight of, a Commonwealth statutory regulator in relation to its activities as a trust.

registered cooperative means a body that, under a law of the Commonwealth, a State, a Territory or a foreign country, is registered as a cooperative.

Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

9  Identity evidence for application—Act, pars 12(2)(b) and (c)

 (1) An application for registration for the purposes of the Act must also include the following information:

 (a) if the applicant is an individual, or is a kind of applicant mentioned in an item of the table in subsection (2)—identity evidence for the applicant;

 (b) if the applicant is a body corporate that does not have an ABN, ACN, ARBN or ICN—identity evidence for the following:

 (i) if the applicant is a foreign person that is a public company, or has only one executive officer—one executive officer of the applicant;

 (ii) in any other case—2 executive officers of the applicant;

 (c) if the applicant is a trust, and at least one trustee of the trust is an individual—identity evidence for each trustee who is an individual;

 (d) if the applicant is a trust, and at least one trustee is a body corporate that does not have an ABN, ACN, ARBN or ICN—in respect of each of the bodies corporate, identity evidence for:

 (i) if the body corporate is a foreign person that is a public company, or has only one executive officer—one executive officer of the body corporate; or

 (ii) in any other case—2 executive officers of the body corporate.

 (2) For subsection (1), an application is taken to have included identity evidence for a person if:

 (a) if the person is a kind of applicant mentioned in an item of the following table—a certified copy of each document set out in the item is given to the Regulator with the application; or

 (b) if the person is an individual:

 (i) the person consents to the transfer of the person’s digital identity from an identity service provider to the Regulator, and the Regulator is able to accept that digital identity from that provider; or

 (ii) a certified copy of each document mentioned in each paragraph in subsection (3) applying to the person is given to the Regulator with the application; or

 (iii) information mentioned in subsection (4) is given to the Regulator with the application; or

 (iv) if section 11 applies in relation to the application—the application meets the requirement in section 11.

• Documents required to establish applicant’s identity
• Item Applicant Documents
• 1 An applicant that is a body corporate If the body is not registered in Australia—the certificate of the body’s registration (if any) with a registry established under a law of a foreign country.
• 2 An applicant that is a trust The following:(a) if there is a trust deed—the deed, or an extract of the deed, that identifies the trustees and beneficiaries (or classes of beneficiary);(b) if there is no trust deed:(i) a document having similar effect to a trust deed; or(ii) the certificate of registration as a trust (if any);(c) for each trustee that is a body corporate—the documents mentioned in item 1

 (3) For subparagraph (2)(b)(ii), the documents are the following:

 (a) if the individual is an Australian citizen or is ordinarily resident in Australia—3 documents identifying the individual, of a kind set out in Part 2.1 of Schedule 1, at least one of which must be a category A document;

 (b)  if paragraph (a) does not apply—3 documents identifying the individual, of a kind set out in Part 2.2 of Schedule 1, at least one of which must be a category A document;

 (c) if the individual’s name has changed—a document issued by a government body that shows the change of name.

Examples: A marriage certificate, a deed poll and a certificate issued by a government authority that recognises the change of name.

 (4) For subparagraph (2)(b)(iii), information that:

 (a) is stated on each document mentioned in subsection (3), to the extent it applies in relation to the individual; and

 (b) allows the Regulator to verify the document using the document verification service.

executive officer, of a body corporate, means:

 (a) a director of the body corporate; or

 (b) the chief executive officer (however described) of the body corporate; or

 (c) the chief financial officer (however described) of the body corporate; or

 (d) the secretary of the body corporate.

10  Form of documents for application—Act, pars 12(2)(b) and (c)

 (1) For section 9, a certified copy of a document is a document certified to be a true copy of the original by:

 (a) if the copy is to be certified in Australia—a person mentioned in section 6 of the Statutory Declarations Regulations 2023; or

 (b) in any other case:

 (i) an Australian Consular Officer or Australian Diplomatic Officer within the meaning of the Consular Fees Act 1955; or

 (ii) a diplomatic mission accredited to Australia by the jurisdiction that issues the original document.

 (2) If the original document is not written in English, the following must be given to the Regulator with the application:

 (a) a certified copy of the original document; and

 (b) an English translation that is prepared and certified as a true translation of the original document by a translator certified or recognised by the National Accreditation Authority for Translators and Interpreters Ltd (ACN 008 596 996) to translate the original document into the translation.

11  Aboriginal persons or Torres Strait Islanders—Act, pars 12(2)(b) and (c)

 (1) This section applies if:

 (a) an application must include identity evidence for an individual; and

 (b) the individual is an Aboriginal person or a Torres Strait Islander who does not have that identity evidence, or all of that evidence.

 (2) The application must be accompanied by a reference by an authorised referee that verifies the individual’s identity.

 (3) The authorised referee may confirm the individual’s identity from any records within the referee’s keeping or control.

authorised referee, for an individual, means a person who:

 (a) is not the individual’s parent, grandparent, sibling, child or grandchild; and

 (b) has known the individual for at least 12 months; and

 (c) is one of the following:

 (i) the chair, Secretary or chief executive officer of an incorporated Indigenous organisation, including a land council, community council or housing organisation;

 (ii) the individual’s employer;

 (iii) a school principal or a school counsellor;

 (iv) a minister of religion;

 (v) a medical practitioner;

 (vi) a treating health professional (within the meaning of subsection 197(1) of the Social Security Act 1991) or a manager in an Aboriginal Medical Service;

 (vii) an APS employee who has been engaged on an ongoing basis, or a permanent employee of a State or Territory, for at least 5 years.

12  Matters relating to registration—Act, par 15(3)(a)

  The Regulator must have regard to any contravention by the applicant of a First Nations cultural heritage law.

13  Notification circumstances—Act, par 17(a)

 (1) The registered person must notify the Regulator if any of the following events occur or circumstances arise:

 (a) a suitability event occurs in relation to the registered person;

 (b) a court finds that the registered person has contravened a First Nations cultural heritage law;

 (c) the person receives a Commonwealth grant or assistance in relation to:

 (i) a facility for which the person holds a registered profile; or

 (ii) a facility for which the person is the eligible registered person; or

 (iii) a product for which the person holds a registered profile; or

 (iv) a registered renewable electricity facility for which the person is an eligible registered person; or

 (d) the person becomes aware of any changes to the person’s registration information.

registration information, of a registered person, means the information mentioned in subsection 8(1) as if a reference to the applicant in that subsection were a reference to the registered person.

14  Suspension of registration—Act, par 18(1)(c)

  The Regulator may suspend a person’s registration for the purposes of the Act in the following circumstances:

 (a) the Regulator reasonably believes that a suitability event has occurred in relation to the person;

 (b) the Regulator is investigating a suspected contravention of a climate change law in relation to:

 (i) the registered person; or

 (ii) a facility for which the registered person holds a registered profile; or

 (iii) a registered profile held by the person; or

 (iv) a facility for which the registered person is the eligible registered person;

 (c) the person holds a registration for 12 months but does not do any of the following during the period (an inactive registration):

 (i) hold a registered profile;

 (ii) create, add information to, or register a PGO certificate;

 (iii) create, register, transfer or retire a REGO certificate;

 (d) the Regulator receives a written request from the person to suspend the registration;

 (e) the Regulator reasonably believes that the person controls another registered person in relation to whom a suitability event has occurred.

15  Cancellation of registration—Act, par 19(c)

 (1) The Regulator may cancel a person’s registration for the purposes of the Act in the following prescribed circumstances:

 (a) the Regulator reasonably believes that a suitability event has occurred in relation to the person;

 (b) if the person is an individual—the Regulator reasonably believes the person has died;

 (c) if the person controls another registered person (the other person)—the Regulator reasonably believes that the other person has contravened the Act because of the control of the registered person.

 (2) The Regulator may also cancel a person’s registration for the purposes of the Act if:

 (a) the Regulator gives the person a notice under section 20 of the Act; and

 (b) the notice was given in relation to a proposed suspension of the person’s registration because the person holds an inactive registration; and

 (c) the person fails to do at least one of the following within 12 months after the day the Regulator gives the person the notice:

 (i) hold a registered profile;

 (ii) create, add information to, or register a PGO certificate;

 (iii) create, register, transfer or retire a REGO certificate.

inactive registration: see paragraph 14(c).

Part 3—Certification of products

Division 3.1—PGO profiles

16  Production profile application—Act, pars 30(2)(j) and (4)(d)

 (1) A production profile for a product also consists of the following prescribed information:

 (b) the maximum production capacity of the facility in functional units of product per year;

 (c) whether the facility is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law;

 (d) if the facility is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law:

 (e) whether the facility, or a part of the facility, is:

 (i) an NGER facility; or

 (ii) a designated large facility; or

 (iii) an ACCU generating project; or

 (iv) an EITE facility;

 (f) if any Commonwealth grant or assistance is received in relation to the facility—details of the grant or assistance;

 (g) the electricity network (if any) to which the facility is connected.

 (2) The application must include the following information:

 (a) evidence in support of the application;

Note: See subsection 33(2) of the Act for matters of which the Regulator must be satisfied before registering a profile.

 (b) if production of the product at the facility includes any process or component that is not a minimum module, optional module or conditional module—details of the process or component;

 (c) details of how the applicant will comply with requirements to monitor, measure and report in accordance with an applicable methodology determination;

 (d) if the facility is subject to a related scheme—details of the scheme;

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

 (ii) create PGO certificates as the holder of the profile.

17  Production profile registration—Act, pars 33(3)(a) and (5)(b)

 (1) The Regulator must have regard to whether any step in the production of the product at the facility is not a minimum module for the production pathway specified in the profile.

 (a) a condition requiring that the holder of the production profile report on:

 (i) the use of a specific production module; or

 (ii) any other aspect of the holder of the profile’s compliance with the Act;

 (b) a condition requiring the use of a specific component or process in the production of the product at the facility;

Example: The Regulator may impose a condition requiring that a component be used for measuring greenhouse gas emissions from a stated production module and further that the measurements are reported at a frequency stated in the condition.

 (c) if the Regulator has required a scheduled audit of the facility within 1 month after the day the profile is registered—a condition that the holder of the profile may only request registration of a PGO certificate once the Regulator is given a copy of the audit report in accordance with a notice given under subsection 127(2) of the Act;

 (d) a condition that requires the holder of the profile to undertake a compliance audit in accordance with the requirements of the condition.

18  Delivery profile application—Act, pars 34(2)(h) and (4)(d)

 (1) A delivery profile also consists of the following prescribed information:

 (b) the production gate for the product;

 (c) for each delivery module—a description of the transport or storage process;

 (d) for each delivery module that involves the use of a facility:

 (i) the location of the facility; and

 (ii) a description of any Aboriginal or Torres Strait Islander land rights law that applies to the land on which the facility is located; and

 (iii) if an agreement under a law mentioned in subparagraph (ii) is in place in relation to the facility—a reference to the agreement; and

 (iv) the electricity network (if any) to which the facility is connected;

 (e) if a delivery module is subject to an Indigenous land use agreement—a reference to the agreement.

 (2) The application must include the following prescribed information:

 (a) evidence in support of the application;

Note: See subsection 37(2) of the Act for matters of which the Regulator must be satisfied before registering a profile.

 (b) details of:

 (i) the location of the production gate; and

 (ii) the location of the delivery gate; and

 (iii) how the product is stored or transported as the product passes from the production gate to the delivery gate;

 (c) if another person owns or operates a part of any equipment specified in the profile together with the registered person—a copy of any written agreement in force between the other person and the registered person to the effect that the registered person may:

 (ii) add information to PGO certificates.

19  Delivery profile registration—Act, pars 37(5)(a) and (6)

 (1) The Regulator must have regard to the following:

 (a) whether any change in quantity of the product from production gate to delivery gate can be measured in accordance with a methodology determination applying to the product;

 (b) whether any method used to store or transport the product as the product passes from the production gate to the delivery gate is not a delivery module specified in the delivery profile.

Note: A methodology determination may specify a formula or method for working out the amount of a product that reaches a delivery gate (see Act, s 29(4)(e)(i)).

 (a) a condition requiring that the holder of the delivery profile report on;

 (i) the use of a specific delivery module; or

 (ii) any other aspect of the holder of the profile’s compliance with the Act;

 (b) a condition requiring the use of a specific delivery module or equipment used in relation to a delivery module in the transport or storage of the product.

20  Consumption profile application—Act, pars 38(2)(h) and (4)(d)

 (1) A consumption profile also consists of the name of the registered person.

 (2) If the consumption profile provides that the product is consumed at a single facility, the application must include the following prescribed information for the facility:

 (a) if the facility where the product is consumed is subject to a related scheme—details of the scheme;

 (b) if any Commonwealth grant or assistance is received in relation to the facility—details of the grant or assistance;

 (c) a description of how the product moves from the delivery gate to the facility;

 (d) evidence in support of the application;

Note: See subsection 41(2) of the Act for matters of which the Regulator must be satisfied before registering a profile.

 (e) whether the facility, or a part of the facility, is:

 (i) an NGER facility; or

 (ii) a designated large facility; or

 (iii) an EITE facility;

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

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

 (3) If the consumption profile provides that the product is consumed at multiple facilities, the application must include the following prescribed information:

 (a) a description of how the product moves from the delivery gate to each facility;

 (b) details of the following:

 (i) the nature of the relationship between the facilities and the applicant;

 (ii) the number of facilities;

 (iii) the types of facilities;

 (c) evidence in support of the application.

Example for subparagraph (b)(i): An applicant has a commercial retail arrangement with facilities connected to a shared network for the sale of hydrogen for those facilities’ consumption.

21  Consumption profile registration—Act, s 41(5)(a) and (6)

 (1) If the application is for a single facility, the Regulator must have regard to the following prescribed matters:

 (a) for a facility, other than a facility that receives product by pipeline, or other infrastructure, that is part of a shared network—whether the delivery gate is located at the facility at which the product is to be consumed;

 (b) whether the product is capable of being moved from the delivery gate to the facility;

 (c) whether the facility can consume the product.

Example: A facility may consume product by transforming it into another product, combining it with another substance to form another product or processing the product.

 (2) If the application is for more than one facility, the Regulator must have regard to:

 (a) whether the product is capable of being moved from the delivery gate to each facility; and

 (b) whether it is not reasonably practicable for the applicant to register a consumption profile for each facility because of either:

 (i) the number of facilities; or

 (ii) the types of facilities.

 (a) a condition requiring that the holder of the consumption profile report on any aspect of compliance with the Act;

 (b) a condition requiring the use of a specific component or process in the consumption of the product at the facility.

22  Correction of profiles—Act, sub 42(5)

  The Regulator may also correct a registered profile if either:

 (a) the Regulator becomes aware of an error in a registered profile; or

 (b) all of the following apply:

 (i) the registered profile is a production profile;

 (ii) the holder of the profile applies to the Regulator to amend a production pathway specified in the profile;

 (iii) the holder of the profile has given evidence to the Regulator that satisfies the Regulator that the production pathway, as amended, is in accordance with a methodology determination.

23  Transfer of profiles—Act, sub 43(1)

 (1) The Regulator may transfer a registered profile to a registered person (the profile receiver) under this rule:

 (a) on written application to the Regulator by a registered person; or

 (b) on the Regulator’s own initiative.

 (2) If a person applies to transfer a registered profile under paragraph (1)(a), the Regulator may:

 (a) by notice in writing, require the person to give the Regulator further information in relation to the application as the Regulator requires; and

 (b) if the applicant does not comply with a requirement in a notice given under paragraph (a)—refuse to consider the application further.

 (3) If the Regulator receives an application under paragraph (1)(a), the Regulator must decide to:

 (a) transfer the profile; or

 (b) refuse to transfer the profile.

 (4) In deciding to transfer a registered profile, the Regulator must have regard to the following:

 (a) if a registered person has applied to transfer the profile under paragraph (1)(a)—whether the holder of the profile has consented to the transfer in writing;

 (b) if the Regulator is transferring the profile on the Regulator’s own initiative—whether it is practicable to seek consent to the transfer from the holder of the profile;

 (c) whether the Regulator would be satisfied that the requirements to register the profile would have been met if the profile receiver had applied to register the profile;

 (d) whether the profile is suspended;

 (e) whether there is an outstanding matter in relation to the registered profile;

 (f) whether the profile receiver has consented to the transfer in writing;

 (g) whether the profile receiver is suspended under section 18 of the Act;

 (h) any other matter the Regulator considers relevant.

outstanding matter, in relation to a registered profile, includes a requirement to do the following:

 (a) give information in accordance with section 138 of the Act;

 (b) comply with a notice given under section 125 or 127 of the Act.

 (c) comply with a reporting requirement in accordance with a condition imposed on the profile;

 (d) give the Regulator further information in relation to the profile in accordance with a request under section 31, 35 or 39 of the Act;

 (e) give the Regulator further information in relation to a certificate in accordance with a request under section 56A or 59A of the Act;

 (f) give the Regulator information or a declaration in accordance with section 61 of the Act;

 (g) pay a cost-recovery charge.

24  Profile suspension or cancellation—Act, sub 46(2)

 (1) Section 46 of the Act also applies in the following circumstances:

 (a) all of the following apply:

 (i) the Regulator becomes aware of a circumstance relating to a matter mentioned in a profile registration provision after registering the profile under the provision;

 (ii) the circumstance did not exist at the time the profile was registered;

 (iii) if the circumstance had existed at the time, the Regulator would have refused to register the profile;

 (b) the Regulator reasonably believes that:

 (i) a suitability event has occurred in relation to the registered person holding the profile; or

 (ii) the registered person holding the profile is no longer a fit and proper person;

 (c) the Regulator has refused to make a correction of a profile under section 42 of the Act;

 (d) the registered person has failed to comply with a notice given under subsection 127(2) of the Act.

Note: Section 127 of the Act provides that the Regulator may give a person a notice requiring the person to undertake an audit.

profile registration provision means each of the following:

 (a) subsection 17(1) (Production profile registration);

 (b) subsection 19(1) (Delivery profile registration);

 (c) subsections 21(1) and (2) (Consumption profile registration).

Division 3.2—Certification of products

25  Certificate content—Act, par 50(1)(l)

 (1) A PGO certificate created by the holder of a production profile for a product in respect of a batch of the product must state the following:

 (a) details of the facility, including:

 (i) the name of the facility; and

 (ii) the location of the facility;

 (b) a unique identification code for the batch;

 (c) the production emissions intensity for the batch;

 (d) if the co-product reduction in emissions intensity for the batch is greater than zero:

 (i) the co-product; and

 (ii) the co-product reduction in emissions intensity;

 (e) if the production pathway uses electricity:

 (i) the total amount of electricity used to produce the batch, calculated in accordance with subsection (2); and

 (ii) the renewable electricity percentage of the batch calculated in accordance with subsection (3);

 (f) if the production pathway uses electricity generated from an eligible renewable energy source—whether the electricity is from the same electricity network to which the facility is connected;

 (g) if a product-specific attribute specified in Schedule 2 applies to the batch—that attribute.

 (2) For subparagraph (1)(e)(i), the total amount of electricity in kilowatt hours used to produce the batch, TEb is calculated as follows:

A formula for calculating the total electricity usage for the batch ‘b’. The formula is a sum of three terms: RE subscript local b, Q subscript elec market b, and Q subscript elec hol b.

RElocal,b is the quantity of electricity used to produce the batch b, in kilowatt hours, that is generated by the holder of the production profile from an eligible renewable energy source.

Qelec,market,b has the same meaning as in section 15 (Electricity supply and use) of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Qelec,hol,b is the quantity of electricity used to produce the batch b, in kilowatt hours, that is generated by the holder of the production profile from a source other than an eligible renewable energy source.

 (3) For subparagraph (1)(e)(ii), the renewable electricity percentage of the batch, REPb, is calculated as follows:

A formula for calculating the renewable electricity percentage for the batch ‘b’. The formula is a fraction multiplied by one hundred percent. The numerator of the fraction is given as RE subscript local b, plus (open brackets) Q subscript elec market b, minus Q subscript eligible b (close brackets), plus Q subscript rec b. The denominator is given as TE subscript b.

RElocal,b is the quantity of electricity used to produce the batch b, in kilowatt hours, that is generated by the holder of the production profile from an eligible renewable energy source.

Qelec,market,b has the same meaning as in section 15 (Electricity supply and use) of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Qeligible, b has the same meaning as in section 15 (Electricity supply and use) of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Qrec,b has the same meaning as in section 15 (Electricity supply and use) of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

TEb is the total amount of electricity used to produce the batch calculated in accordance with subsection (2).

co-product has the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

co-product reduction in emissions intensity has the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

production emissions intensity has the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

26  Certificate post-production information—Act, par 55(3)(d)

 (1) The following information is prescribed:

 (a) the post-production emissions intensity for the transported quantity of the batch of which the product is a part;

 (b) the delivered emissions intensity for the transported quantity of the batch of which the product is a part;

 (c) details of each delivery module, including:

 (i) a description of the module; and

 (ii) if the module involves the use of a facility—the location of the facility;

 (d) if a REGO certificate was retired in respect of the delivery module—any unique identification code of the certificate;

 (e) if a PGO certificate includes consumption information in relation to the use of the delivery module—the certificate’s unique identification code;

 (f) the following details of the delivery gate for the product:

 (i) the name (if any) of the delivery gate;

 (ii) the location of the delivery gate;

 (g) the time and date the last part of the batch reached the delivery gate.

delivered emissions intensity has the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

post-production emissions intensity has the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Division 3.3—Registration of PGO certificates

27  Registration of certificates—Act, s 56(2)(b) and (9)

 (1) A request to register a PGO certificate in respect of a batch of product must:

 (a) if subsection 56(3) or (4) of the Act applies—include evidence in support of the explanation as to why information is not added to certificates in accordance with section 55 of the Act; and

 (b) if the certificate is for a product, the production pathway for which includes a production module that is also a project in respect of which a certificate of entitlement has been issued—details of the certificate of entitlement.

 (2) In deciding whether to register a PGO certificate in respect of a batch of product, the Regulator must have regard to the following prescribed matters:

 (a) whether the product reached the production gate on or after the day the holder of the production profile applied to register the profile under subsection 30(1) of the Act;

 (b) whether the product to which the certificate relates has reached a delivery gate for the product;

 (c) if the certificate states the unique identification code of another PGO certificate (a related PGO certificate) in respect of a product (the related product) under subsections 51(2) or (3) of the Act:

 (i) whether the related PGO certificate specifies that the related product was consumed at a single facility; and

 (ii) whether the Regulator is reasonably satisfied that the related product was used to produce the batch of the product;

 (d) if the certificate identifies other certificates under subsections 51(4), (5) or (6) of the Act—whether the total amount of electricity represented by the other certificates accurately represents the electricity used in producing the product;

 (e) whether a certificate of entitlement has been issued in respect of a project that involves an activity carried out as a production module, or part of a production module, in the production pathway for the product.

Example: A facility that produces hydrogen has a carbon capture and storage (CCS) process to reduce the production-related emissions. The CCS activity is also a project under Carbon Credits (Carbon Farming Initiative) Act 2011 and was issued Australian carbon credit units (ACCUs) for the associated abatement. Because certificates of entitlement (ACCUs) were issued in relation to the abatement, the Regulator may decide not to register PGO certificates as well because this will not be a transparent credible claim about the emissions associated with the product.

certificate of entitlement has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.

project has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.

28  Addition of consumption information—Act, pars 59(2)(d), (3)(b) and (8)(a)

 (1) A request must include evidence supporting the request, including evidence relating to:

 (a) the consumption of the product at a facility; and

 (b) the nature of the consumption of the product; and

 (c) the matters mentioned in subsection (3).

 (2) For the purposes of paragraph 59(2)(d) of the Act, the following information is prescribed:

 (a) if the product will be exported to a country in which the scheme known as the European Union’s Renewable Energy Directive II applies—information relevant to the product under that scheme;

 (b) if the product will be exported to a country in which the scheme known as the European Union’s Renewable Energy Directive III applies—information relevant to the product under that scheme.

 (3) In deciding whether to add the information, the Regulator must have regard to the following prescribed matters:

 (a) whether the product could reasonably pass from the delivery gate to the location at which the product is consumed;

 (b) whether the product is consumed at or after the time it reaches the delivery gate;

 (c) if the holder of the consumption profile requests to add information prescribed under subsection (2):

 (i) whether that information accurately represents the product to which the certificate relates; and

 (ii) whether including that information is necessary for the purposes of compliance with the scheme for which the information is relevant;

 (d) if the facility at which the product was produced is subject to a related scheme:

 (i) whether a scheme-related certificate has been created in respect of the product; and

 (ii) whether information on the scheme-related certificate is consistent with information on the PGO certificate.

Example: A consumption profile holder requests that information be added to a certificate that states the product was consumed at facility A. The facility that produced the product is participating in the NSW Greenpower initiative. The Regulator finds a Greenpower certificate that indicates the production time of the product which aligns with the production time specified in the PGO certificate, however, the Greenpower certificate states that the product has been consumed at facility B.

scheme-related certificate, for a product, means a certificate that:

 (a) is issued under a related scheme; and

 (b) relates to the following attributes of the product:

 (i) the emissions associated with the production of the product;

 (ii) the energy use associated with the production of the product.

29  PGO certificate activity statement—Act, par 60(3)(b)

  The statement given to a person in relation to the person in the financial year must also set out the following information for the financial year:

 (a) if the person has given information relating to PGO certificate activity to the Regulator in accordance with a condition on the registration of the person’s profile—the information given to the Regulator;

 (b) for a person to whom a profile has been transferred under section 43 of the Act during the financial year—the information given to the Regulator in relation to any PGO certificate activity before the profile was transferred;

 (c) if the person is a person to whom the profile has been transferred under section 43 of the Act during the financial year—information given to the Regulator for the purposes of PGO certificate activity in the financial year in relation to any other person who held the profile during the financial year;

 (d) if the person notified the Regulator in relation to an event or circumstance prescribed under paragraph 17(a) of the Act—the information given to the Regulator in relation to the event or circumstance;

 (e) if the person has notified the Regulator in relation to an event mentioned in section 25 of the Act—the information given to the Regulator in relation to the event.

30  Annual reconciliation check correction—Act, par 62(2)(a)

  In deciding whether to correct the certificate, the Regulator must also have regard to the following prescribed matters:

 (a) whether the correction relates to compliance with the Act;

 (b) whether the Regulator has previously made a similar correction under subsection 62(1) of the Act to a PGO certificate registered by the person.

31  Other corrections—pre-declaration day—Act, par 63(1)(b)

 (1) The Regulator may correct a PGO certificate (the first certificate), if:

 (a) another PGO certificate is corrected under section 62 or section 63 of the Act; and

 (b) as a result of the correction of the other certificate, the information on the first certificate is no longer accurate or complete.

 (2) The Regulator may also correct a PGO certificate if the Regulator:

 (a) becomes aware that the information stated in the certificate is not accurate or complete; and

 (b) is reasonably satisfied that, if the Regulator had become aware of the inaccurate or incomplete information through a declaration under section 61 of the Act, the Regulator would have corrected the certificate under section 62 of the Act.

 (3) If the Regulator corrects a certificate under this section the Regulator must notify:

 (a) the holder of the production profile who created the certificate; and

 (b) the holder of the delivery profile who added information to the certificate; and

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

32  Invalidating incorrect certificates—Act, pars 65(1)(d) and (2)(a)

 (1) The Regulator may invalidate a PGO certificate:

 (a) on written application to the Regulator by the holder of the production profile under which the certificate was created; or

 (b) on the Regulator’s own initiative if:

 (i) the Regulator becomes aware of an error in the certificate that may not be corrected under the Act; or

 (ii) consumption information has not been added to the certificate within 12 months of the certificate’s registration under section 56 of the Act.

 (2) If a person applies to invalidate a PGO certificate under paragraph (1)(a), the Regulator may:

 (a) by notice in writing, require the person to give the Regulator further information in relation to the application as the Regulator requires; and

 (b) if the applicant does not comply with a requirement in a notice given under paragraph (a)—refuse to consider the application further.

 (3) If the Regulator receives an application under paragraph (1)(a), the Regulator must decide to:

 (a) invalidate the certificate; or

 (b) refuse to invalidate the certificate.

 (4) Before invalidating a certificate under paragraph (1)(b), the Regulator must give written notice to the holder of the production profile under which the certificate was created.

 (5) The notice must:

 (a) state:

 (i) that the Regulator proposes to invalidate the certificate; and

 (ii) the grounds for the proposed invalidation; and

 (iii) any unique identification code for the certificate which the Regulator proposes to invalidate; and

 (b) invite the person to make a written submission to the Regulator about the proposed invalidation within a specified period.

 (6) For the purposes of paragraph (5)(b), the period specified in the notice must not be less than 14 days starting on the day after the day the notice is given.

 (7) In deciding whether to invalidate a certificate under paragraph (1)(b), the Regulator must have regard to any submission made by the person within the period specified in the notice.

 (8) In this section:

consumption information means information that may be added to a registered PGO certificate under section 59 of the Act.

Part 4—Certification of renewable electricity

Division 4.1—Preliminary

33  Definitions—pt 4

AEMO has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.

ecologically sustainable means that an action is consistent with the following principles of ecologically sustainable development:

 (a) decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

 (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

 (c) the principle of inter-generational equity, which is that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

 (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

 (e) improved valuation, pricing and incentive mechanisms should be promoted.

hydro system means:

 (a) a pumped hydro energy storage system; or

 (b) an electricity generation system that includes hydro as an eligible renewable energy source for the system.

interconnected hydro systems: a hydro system and another hydro system are interconnected hydro systems if water flows:

 (a) are shared between both systems; and

 (b) may be diverted from one system to the other.

network support and control ancillary services has the same meaning as in the National Electricity Rules.

nominated person, for an accredited power station, has the same meaning as in the REE Act.

water flows, for a hydro system, include:

 (a) sources of water used by the system; and

 (b) how water is stored for use in the system; and

 (c) how the system uses water to generate electricity or store energy; and

 (d) how water leaves the system.

34  Eligible renewable energy sources—Act, s 69

Note 1: Paragraph 69(2)(c) of the Act provides that biomass from a native forest is not an eligible renewable energy source.

Note 2: For subsection 69(1) of the Act, the definitions of ocean, tide, wave and wind: section 8 of the Act applies to extend the application of the Act to sources generating in the exclusive economic zone and the continental shelf.

 (1) For the purposes of section 69 of the Act:

agricultural waste means putrescible biomass waste produced during an agricultural operation.

biomass means organic matter other than fossilised biomass.

Examples of fossilised biomass: Coal, lignite.

biomass-based components of municipal solid waste:

 (a) means a biomass-based component of waste that is directly sourced from, or eligible to be disposed of in, landfill; but

 (b) does not include a biomass-based component of waste:

 (i) from forestry; or

 (ii) from broadacre land clearing for agriculture, silviculture and horticulture operations; or

 (iii) derived from fossil fuel.

black liquor means the mixture resulting from the chemical wood pulping process.

energy crops other than biomass from a native forest: a biomass from a plantation is not an energy crop unless:

 (a) the biomass is a product of a crop harvesting operation; and

 (b) the land on which the plantation is located was not cleared of native vegetation after 31 December 1989 to establish the plantation; and

 (c) the plantation is managed in accordance with:

 (i) a code of practice approved under the Export Control (Wood and Woodchips) Rules 2021; or

 (ii) if a code of practice has not been approved under the rules mentioned in subparagraph (i):

 (A) Australian Standard AS 4708—The Australian Forestry Standard, as in force from time to time; and

 (B) Australian Standard AS 4707—Chain of Custody for Forest Products, as in force from time to time.

fossil fuels means any of the following:

 (a) coal, oil, natural gas or other petroleum-based products;

 (b) products, by-products and wastes associated with, or produced from, extracting and processing coal, oil, natural gas or other petroleum-based products.

Examples: Condensate liquids, coal seam methane, coal mine methane.

hot dry rock includes hot fractured rock.

landfill gas means gas produced by the decomposition of organic matter in a landfill.

materials or waste products derived from fossil fuels means any materials, or components of waste streams that:

 (a) are made using, as raw materials, any material that is a fossil fuel for the Act; and

 (b) are products or by-products of manufacturing operations, including plastics, tyres, disposable nappies, synthetic carpets and synthetic textiles.

native forest means a local indigenous plant community:

 (a) the dominant species of which are trees; and

 (b) containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and

 (c) including a forest with those characteristics that has been regenerated with human assistance following disturbance; and

 (d) excluding a plantation of native species or previously logged native forest that has been regenerated with non-endemic native species.

sewage gas means gas produced by the decomposition of domestic or commercial waste collected from a sewerage system and treated by a sewage treatment plant.

waste from processing of agricultural products means biomass waste produced from processing an agricultural product.

wood waste means:

 (a) biomass:

 (i) produced from non‑native environmental weed species; and

 (ii) harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; and

 (b) a manufactured wood product or a by‑product from a manufacturing process; and

 (c) waste products from the construction of buildings or furniture, including timber off‑cuts and timber from demolished buildings; and

 (d) sawmill residue.

Examples: A manufactured wood product and wood by-product may include packing case, pallet, recycled timber, engineered wood product (including one manufactured by binding wood strands, wood particles, wood fibres or wood veneers with adhesives to form a composite).

agricultural operation includes livestock husbandry.

crop harvesting operation means an operation that is:

 (a) the harvesting, thinning or coppicing of a crop; and

 (b) approved under a relevant Commonwealth, State or Territory planning and approval process.

landfill means a landfill or waste transfer station licensed by a State or Territory government body, or by a local government authority.

plantation means an intensively managed stand of trees of native or exotic species, created by the regular placement of seedlings or seed.

thinning means the selective removal of trees and branches from a forest during the growing stage and at harvest.

35  Direct supply relationship—Act, par 71(b)

 (1) The following requirements are prescribed for the energy storage system:

 (a) the energy storage system must receive renewable electricity directly from the electricity generation system;

 (b) metering or measurement of electricity that enters the energy storage system must meet the requirements (if any) prescribed by a measurement standard applying to the energy storage system.

 (2) The following requirements are prescribed for the electricity generation system:

 (a) the electricity generation system must supply eligible renewable electricity to the energy storage system;

 (b) the electricity generation system must meet the requirements (if any) prescribed by a measurement standard that apply to the electricity generation system.

 (3) The following requirements are prescribed for the transfer of electricity:

 (a) the transfer between the electricity generation system and the energy storage system must be metered or measured in accordance with the requirements (if any) prescribed by an applicable measurement standard;

 (b) the transfer must occur through a direct line from the electricity generation system to the energy storage system.

connection point meter, in relation to a facility, means:

 (a) if the facility is in the national electricity market—the meter installed at a connection point (within the meaning of the National Electricity Rules) of the facility; or

 (b) in any other case—the meter installed at a point where electricity is transferred from the facility to an electricity network.

direct line, an electricity generation system and an energy storage system transfer electricity through a direct line if:

 (a) the electricity generation system and the energy storage system are electrically connected; and

 (b) the electricity transferred from the electricity generation system and the energy storage system does not pass through:

 (i) a connection point meter; or

 (ii) another load.

eligible renewable electricity means electricity generated:

 (a) using an eligible renewable energy source; and

 (b) in accordance with the Act.

load has the same meaning as in Part 3 of the Future Made in Australia (Guarantee of Origin) Measurement Standard 2025.

national electricity market means the interconnected electricity grids in the participating jurisdictions in the National Electricity Rules.

Division 4.2—Renewable electricity facility registration

36  Accredited power station application—Act, par 74(3)(h)

  The application must include the following prescribed information:

 (b) whether the accredited power station is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law;

 (c) if the accredited power station is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law:

 (ii) a reference to any agreement under that law that is in place in relation to the power station;

 (d) if the applicant is not the nominated person for the accredited power station—a written agreement that provides that the applicant may apply to register the accredited power station;

 (e) the nominated person’s consent for the Regulator to use the following information given under the REE Act for the purposes of administering the Act:

 (i) any information that relates to the nominated person;

 (ii) any information that relates to the accredited power station;

 (f) if the accredited power station includes an energy storage system as a component of the power station—the nameplate capacity of the energy storage system;

 (g) if the accredited power station is subject to a related scheme—details of the scheme;

 (h) evidence in support of the application.

Note: See section 78 of the Act, for matters of which the Regulator must be satisfied before registering a facility.

37  Other facility application—Act, pars 75(2)(b), (3)(h), (j) and (4)

 (1) An application must include:

 (a) the general application information mentioned in subsection (2); and

 (b) for an application to register a facility that is an energy storage system—the general energy storage system information mentioned in subsection (3); and

 (c) for an application to register an energy storage system that has a direct supply relationship with an electricity generation system—the information mentioned in subsection (4); and

 (d) for an application to register a facility that is a hydro system—the general hydro system information mentioned in subsection (5); and

 (e) for an application to register an energy storage system that is a pumped hydro system—the information mentioned in subsection (6); and

 (f) for an application to register a small generation unit—the information mentioned in subsection (7).

  General application information

 (2) For paragraph (1)(a), the following information is required:

 (b) the nameplate capacity of the facility;

 (c) evidence that the facility meets the requirements (if any) prescribed by a measurement standard that apply to the facility;

 (d) an electrical single line diagram for the facility;

 (e) estimated life expectancy of the facility;

 (f) for each component of the facility:

 (i) evidence in relation to the matters mentioned in paragraph 79(2)(e) of the Act; and

 (ii) if the component forms part of a registered renewable electricity facility or an accredited power station—details of the component, including:

 (A) how the component is used by the renewable electricity facility and the facility that is the subject of the application; and

 (B) whether the component consumes electricity;

 (g) details of the electricity network connection for the facility;

 (h) if the facility is subject to a related scheme—details of the scheme;

 (i) whether the facility is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law;

 (j) if the facility is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law:

 (k) evidence in support of the application.

Note: See section 79 of the Act, for matters of which the Regulator must be satisfied before registering a facility.

  General energy storage system information

 (3) For paragraph (1)(b), the following information is required:

 (a) the type of energy storage system;

 (b) whether electricity is supplied to the system by:

 (i) an electricity generation system with which the storage system has a direct supply relationship; or

 (ii) an electricity network; or

 (iii) an onsite electricity supply that is generated from an energy source that is not an eligible renewable energy source; or

 (iv) any other means of supply;

 (c) details of the following:

 (i) any electricity identified in paragraph (b), including how it is supplied to the facility;

 (ii) how energy is stored in the system;

 (iii) how electricity is dispatched from the facility;

 (d) for each energy storage unit—the rated round-trip efficiency of the unit.

  Direct supply energy storage system information

 (4) For paragraph (1)(c), the following information for the electricity generation system is required:

 (a) the name of the system;

 (b) the location of the system;

 (c) the owner of the system;

 (d) an electrical single line diagram for the system that includes:

 (i) the relationship between the systems; and

 (ii) all metering points;

 (e) whether the systems are coupled with AC or DC connections;

 (f) if the electricity generation system is an accredited power station—the unique identification code allocated to the system under section 16 of the REE Act;

 (g) if the electricity generation system is a registered renewable electricity facility—the facility identification code;

 (h) if the electricity generation system is the subject of an application under section 13 of the REE Act—that fact;

 (i) evidence that any requirement under section 35 (Direct supply relationship—Act, par 71(b)) has been met.

  General hydro system information

 (5) For paragraph (1)(d), details of the operation of the system are required, including:

 (a) an overall schematic of the system;

 (b) water flows for the system;

 (c) if the system and anther hydro system are interconnected systems—how the systems share water flows;

 (d) the difference in elevation, in metres, between the water intake level for the system and the turbine outlet;

 (e) the reservoir size in gigalitres.

  Pumped hydro system information

 (6) For paragraph (1)(e), the following information is required:

 (a) whether the system has natural water inflow;

 (b) specifications for each water pump used in the system, including:

 (i) the power rating in kilowatts; and

 (ii) the maximum flow rate in litres per minute.

  Small generation unit information

 (7) For paragraph (1)(f), the following information for the small generation unit is required:

 (a) unit size;

 (b) unit location;

 (c) details of the components that make up the unit;

 (d) details of how the unit forms part of the facility.

38  Accredited power station registration—Act, s 78(3)(a) and (4)

 (1) The Regulator must have regard to the following prescribed matters:

 (a) whether a suitability event has occurred in relation to:

 (i) the applicant; and

 (ii) if the applicant is not the nominated person for the accredited power station—the nominated person;

 (b) if information provided as part of the application is consistent with the following information under the REE Act:

 (i) information that relates to the applicant who is the nominated person for the accredited power station;

 (ii) information that relates to the facility that is an accredited power station;

 (c) if the accredited power station has a direct supply relationship with an energy storage system that is the subject of an application under section 75 (Application to register other facilities) of the Act:

 (i) whether the direct supply relationship meets any requirement prescribed under section 35 (Direct supply relationship—Act, par 71(b)); and

 (ii) whether the information provided in relation to the energy storage system is accurate;

 (d) if the accredited power station includes an energy storage system as a component of the power station—whether the nameplate capacity of the energy storage system is of a size that would reduce the credibility of claims about the generation of electricity by the accredited power station, including if:

 (i) the sum of the nameplate capacity of the accredited power station and the nameplate storage power of the energy storage system is more than 5 megawatts; or

 (ii) the nameplate storage power of the energy storage system is more than 1 megawatt.

Example: The Regulator may impose a condition requiring that a component is used for measuring electricity consumption for another component, and further that the measurements are reported at a frequency stated in the condition.

39  Other facility registration—Act, s 79(2)(g), (4)(a)(i), (4)(a)(ii), (5) and (7)

 (1) In deciding to register a facility that is an electricity generation system, the Regulator must have regard to:

 (a) whether a suitability event has occurred in relation to the applicant; and

 (b) if the facility has a direct supply relationship with an energy storage system:

 (i) whether the direct supply relationship meets any requirement prescribed under section 35 (Direct supply relationship—Act, par 71(b); and

 (ii) whether the information provided in relation to the energy storage system is accurate.

 (2) The Regulator must be satisfied that all components of a facility are:

 (a) integrated or interrelated; and

 (b) integral to the operation of the system and generation of electricity.

Example: An interrelated or integrated component includes one that operates to transform energy into electricity, a component of a supplementary power supply or infrastructure of the system (including buildings, fuel storage areas, fuel handling, IT, instrumentation and control).

Note: The Regulator must have regard to the guidelines prescribed in Schedule 3 (Electricity generation system—component guidelines) (see subpar 79(4)(a)(i) of the Act).

Example: The Regulator may impose a condition requiring that a component is used for measuring electricity consumption for another component, and further that the measurements are reported at a frequency stated in the condition.

 (4) The Act, subparagraph 79(2)(d)(i) does not apply to a facility, a component of which is included in an accredited power station, if the component included in the accredited power station may be shared in accordance with subsection (6) or subsection (7).

 (5) The Act, subparagraph 79(2)(d)(ii) does not apply to a facility, a component of which is included in a registered renewable electricity facility, if the component included in the registered renewable electricity facility may be shared in accordance with subsection (6).

 (6) For subsections (4) and (5), a component may be shared if the component is:

 (a) shared between facilities that are either:

 (i) co-located and electrically connected; or

 (ii) interconnected hydro systems; and

 (b) one of the following types of components:

 (i) a supplementary power supply;

 (ii) system infrastructure;

 (iii) a fuel processing or fuel delivery component;

 (iv) transmission and distribution infrastructure;

 (v) a water management component;

 (vi) pumping equipment used by interconnected hydro systems.

 (7) For subsection (4), a component may be shared if:

 (a) the accredited power station includes a component that is an energy storage system; and

 (b) the accredited power station is not a registered renewable electricity facility.

40  Energy storage system registration—Act, s 80(2)(f), (4)(a) (ii), (5) and (7)

 (1) In deciding to register a facility that is an energy storage system, the Regulator must have regard to:

 (a) whether a suitability event has occurred in relation to the applicant; and

 (b) if the facility has a direct supply relationship with an electricity generation system:

 (i) whether the direct supply relationship meets any requirement prescribed under section 35 (Direct supply relationship—Act, par 71(b); and

 (ii) if the electricity generation system is an accredited power station—whether the information provided in relation to the power station is accurate; and

 (iii) if the electricity generation system is a facility other than an accredited power station—whether the information in relation to the facility is accurate.

 (2) The Regulator must be satisfied that all components of the facility are:

 (a) integrated or interrelated; and

 (b) integral to the operation of the system and integral to either:

 (i) storage of energy in the system; or

 (ii) the import, storage or export of electricity;

Examples: An interrelated or integrated component includes one that operates to transform energy into electricity, a component of a supplementary power supply or infrastructure of the system (including buildings, fuel storage areas, fuel handling, IT, instrumentation and control).

Note: The Regulator must have regard to the guidelines prescribed in Schedule 4 (Energy storage system—component guidelines) (see subpar 80(4)(a)(i) of the Act).

Example: The Regulator may impose a condition requiring that a component is used for measuring electricity consumption for another component, and further that the measurements are reported at a frequency stated in the condition.

 (4) The Act, subparagraph 80(2)(c)(i) does not apply to a facility, a component of which is included in an accredited power station, if the component included in the accredited power station may be shared in accordance with subsection (6) or subsection (7).

 (5) The Act, subparagraph 80(2)(c)(ii) does not apply to a facility, a component of which is included in a registered renewable electricity facility, if the component included in the registered renewable electricity facility may be shared in accordance with subsection (6).

 (6) For subsections (4) and (5), a component may be shared if the component is:

 (a) shared between facilities that are either:

 (i) co-located and electrically connected; or

 (ii) interconnected hydro systems; and

 (b) one of the following types of components:

 (i) a component that is mentioned in both section 1.1 of Schedule 3 (Electricity generation system—component guidelines) and section 1.1 of Schedule 4 (Energy storage system—component guidelines);

 (ii) a supplementary power supply;

 (iii) transmission and distribution infrastructure;

 (iv) for a DC coupled energy storage system or DC coupled generator—a power conversion system;

 (v) a water management component used by interconnected hydro systems;

 (vi) pumping equipment used by interconnected hydro systems.

 (7) For subsection (4), a component may be shared if:

 (a) the component that is shared with the accredited power station is the energy storage system that the registered person applied to register; and

 (b) the accredited power station is not a registered renewable electricity facility.

41  Facility identification code

  If the Regulator registers a facility under section 78, 79, 80 or 81 of the Act, the Regulator must:

 (a) provide a unique identification code for the facility (a facility identification code); and

 (b) give the eligible registered person written notice of the facility identification code.

42  Change of eligible person—Act, s 82(3)(a)

 (1) If an eligible registered person for a facility applies to change the eligible registered person of the facility (a transfer) to another registered person (the new eligible person), the Regulator must have regard to:

 (a) the facility registration matters that the Regulator would have had regard to, had the new eligible person applied to register the facility; and

 (b) if there is a condition on the registration of the facility—whether the condition continues to be appropriate; and

 (c) whether the Regulator is reasonably satisfied that there are written agreements in force to facilitate the transfer.

facility registration matters means the following matters:

 (a) for a facility that is an accredited power station:

 (i) either:

 (A) that the registered person is the nominated person for the accredited power station; or

 (B) that the nominated person has agreed to the transfer in writing; and

 (ii) any matter prescribed for the purposes of paragraph 78(3)(a) of the Act that relates to a registered person;

 (b) for a facility that is an electricity generation system:

 (i) the matters set out in paragraph 79(2)(e) of the Act; and

 (ii) any matter prescribed for the purposes of subparagraph 79(4)(a)(ii) of the Act that relate to a registered person;

 (c) for a facility that is an energy storage system:

 (i) the matters set out in paragraph 80(2)(d) the Act; and

 (ii) any matter prescribed for the purposes of subparagraph 80(4)(a)(ii) of the Act that relate to a registered person.

43  Creation and variation of record—Act, par 84(1)(b)

 (1) The record must also include the following prescribed information:

 (a) each energy source of the facility;

 (b) the nameplate capacity of the facility;

 (c) for a facility that is an energy storage system:

 (i) the type of energy storage system; and

 (ii) if the system has a direct supply relationship with an electricity generation system—the information mentioned in subsection (2);

 (d) for a facility that is a hydro system:

 (i) water flows for the system; and

 (ii) if the system shares water flows with an interconnected system—details of the interconnected system; and

 (iii) the difference in elevation, in metres, between the water intake level for the system and the turbine outlet; and

 (iv) the reservoir size in gigalitres;

 (e) each electricity input for the facility;

 (f) if the owner or operator of a component recorded under paragraph 84(1)(a) of the Act is not the eligible registered person:

 (i) the component; and

 (ii) the owner and operator of the component.

 (2) For subparagraph (1)(c)(ii), the following information must be included for the electricity generation system:

 (a) the name and location of the system;

 (b) if the system is a registered renewable electricity facility—the facility identification code;

 (c) if the system is an accredited power station—the unique identification code allocated to the facility under section 16 of the REE Act;

 (d) each eligible renewable energy source used by the system.

44  Notification of events—Act, par 85(2)(d)

 (1) The eligible registered person must notify the Regulator if any of the following prescribed events occur:

 (a) for a facility that is an electricity generation system:

 (i) the facility starts using an energy source that is not a recorded energy source; or

 (ii) the facility stops using an energy source that is a recorded energy source for more than 1 month for a reason other than periodic availability to that energy source; or

 (iii) the eligible person intends a facility to permanently stop using a recorded energy source;

 (b) for a facility that is a hydro system—a change in water flows for the system;

 (c) for a facility that is an energy storage system—the facility has added or removed a connection for the import of electricity;

 (d) the facility becomes subject to a related scheme;

 (e) the facility ceases to be subject to a related scheme;

 (f) a contravention of Commonwealth, State, Territory or local government planning and approval requirements occurs in relation to the facility.

 (2) Also, an eligible registered person for a registered renewable electricity facility must notify the Regulator if:

 (a) the person gave evidence to the Regulator under section 104 of the Act in relation to a REGO certificate that included a First Nations attribute; and

 (b) the person becomes aware that the evidence given to the Regulator under that section was not accurate or complete.

recorded energy source, of a facility, means an energy source:

 (a) the facility uses to generate electricity; and

 (b) recorded as an energy source of the facility under paragraph 43(1)(a).

45  Suspension or cancellation of facility registration—Act, sub 88(2)

  Section 88 of the Act also applies if:

 (a) the registration of the registered person for the registered renewable electricity facility is suspended or cancelled; or

 (b) the registered person for the registered renewable electricity facility failed to comply with a requirement to:

 (i) notify the Regulator of an event under subsection 85(1) of the Act; or

 (ii) give further information in accordance with a notice given under subsection 85(3) of the Act.

Division 4.3—Eligible amounts—Act, s 91

46  Prescribed time period—Act, par 91(2)(b)

  The following time periods are prescribed:

 (a) a calendar day;

 (b) a calendar month;

 (c) a calendar year.

47  Eligible amount—Act, s 91(4)

 (1) The eligible amount for a registered renewable electricity facility and the time period is calculated in accordance with the following:

 (a) for a facility that is an electricity generation system—section 48;

 (b) for a facility that is an energy storage system:

 (i) if the system has a direct supply relationship with a registered renewable electricity generation system that meets the requirements in subsection (3)—the maximum eligible amount under section 49;

 (ii) in any other case—section 50.

Note: Section 50 (which is about calculating the eligible amount where mixed charging sources are used) requires the calculation of the maximum eligible amount in accordance with section 49.

 (2) If a variable used in this Division is covered by a measurement standard, the variable must be measured in accordance with the standard.

 (3) For subparagraph (1)(b)(i), a registered renewable electricity generation system meets the requirements of this subsection if the system:

 (a) only uses eligible renewable energy sources to generate electricity; and

 (b) either:

 (i) is the sole supplier of electricity to the energy storage system; or

 (ii) supplies electricity to the energy storage system together with another registered renewable electricity generation system that:

 (A) has a direct supply relationship with the energy storage system; and

 (B) only uses eligible renewable energy sources to generate electricity.

48  Eligible amount—electricity generation systems

 (1) The eligible amount for an electricity generation system for the time period, EAt, in megawatt hours is calculated as follows:

Start formula EA start subscript t end subscript equals open square bracket open parentheses TLEG start subscript t end subscript minus FSL start subscript t end subscript close parentheses times open parentheses one minus AF close parentheses close square bracket minus TL start subscript t end subscript minus DSEE start subscript t end subscript end formula

TLEGt is the total amount of electricity in megawatt hours generated by the electricity generation system in the time period t.

FSLt is the amount of electricity in megawatt hours generated by the facility in the time period t:

AF is the auxiliary factor calculated in accordance with subsection (3).

TLt are the transmission losses for the time period t calculated in accordance with subsection (4).

DSEEt is the directly supplied eligible electricity for the time period t calculated in accordance with subsection (2).

 (2) For subsection (1), the directly supplied eligible electricity for the time period, DSEEt, in megawatt hours is calculated as follows:

Start formula DSEE start subscript t end subscript equals DSE start subscript t end subscript times open parentheses one minus start fraction FSL start subscript t end subscript over TLEG start subscript t end subscript end fraction close parentheses end formula

DSEt is any electricity generated by the electricity generation system that is supplied in the time period t to a registered energy storage system with which the electricity generation system has a direct supply relationship.

TLEGt is the total amount of electricity in megawatt hours generated by the electricity generation system in the time period t.

FSLt is the amount of electricity in megawatt hours generated by the facility in the time period t:

 (3) For subsection (1), the auxiliary factor, AF, is calculated as follows:

Start formula AF equals start fraction AUX over TG end fraction end formula

AUX is the auxiliary loss for the electricity generation system in megawatt hours for:

 (a) if the time period, t, is an hour or a calendar day—the calendar month in which the hour or day is located; or

TG is the total amount of electricity generated by the electricity generation system in megawatt hours for:

 (a) if the time period, t, is an hour or a calendar day—the calendar month in which the hour or day is located; or

 (4) For subsection (1), the transmission losses for the time period, TLt, in megawatt hours are either:

 (a) if an MLF is not determined for the electricity generation system—nil; or

 (b) in any other case—calculated as follows:

Start formula TL start subscript t end subscript equals DLEG start subscript t end subscript times open parentheses one minus start fraction FSL start subscript t end subscript over TLEG start subscript t end subscript end fraction close parentheses times open parentheses one minus MLF close parentheses end formula

DLEGt is the amount of electricity transmitted from the electricity generation system to the network in the time period t in megawatt hours.

​FSLt is the amount of electricity in megawatt hours generated by the facility in the time period t:

TLEGt is the total amount of electricity in megawatt hours generated by the electricity generation system in the time period t.

MLF is the marginal loss factor, to allow for the amount of electricity losses in transmission networks, as determined by the AEMO.

 (5) The time period t, for this section must be either:

 (a) an hour; or

 (b) a time period prescribed for section 91(2)(b) of the Act.

Note: The time periods prescribed are a calendar day, calendar month and calendar year (see section 46).

 (6) In this section:

auxiliary loss, for an electricity generation system:

 (a) means the amount of electricity used by the system to generate electricity; and

 (b) includes electricity:

 (i) that is imported from an electricity network and stored by the system; and

 (ii) used for the maintenance or operation of the system; but

 (c) does not include electricity used for network support and control ancillary services.

49  Energy storage system maximum eligible amount

 (1) The maximum eligible amount for an energy storage system for the time period, MAXEAt, in megawatt hours, is calculated as follows:

Start formula MAXEA start subscript t end subscript equals open square bracket TLED start subscript t end subscript times open parentheses one minus AF close parentheses close square bracket minus TL start subscript t end subscript end formula

TLEDt is the total amount of electricity in megawatt hours dispatched by the energy storage system in the time period t.

AF is the auxiliary factor calculated in accordance with subsection (2).

TLt are the transmission losses for the time period t calculated in accordance with subsection (3).

 (2) For subsection (1), the auxiliary factor, AF, is calculated as follows:

Start formula AF equals start fraction AUX over TD end fraction end formula

AUX is the auxiliary loss for the energy storage system in megawatt hours for:

 (a) if the time period, t, is an hour or a calendar day—the calendar month in which the time period is located; or

TD is the total amount of electricity dispatched by the energy storage system in megawatt hours for:

 (a) if the time period, t, is an hour or a calendar day—the calendar month in which the time period is located; or

 (3) For subsection (1), the transmission losses for the time period, TLt, in megawatt hours are either:

 (a) if an MLF is not determined for the energy storage system—nil; or

 (b) in any other case—calculated as follows:

Start formula TL start subscript t end subscript equals DLED start subscript t end subscript times open parentheses one minus MLF close parentheses end formula

DLEDt is the amount of electricity dispatched from the energy storage system to the network in the time period t in megawatt hours.

​MLF is the marginal loss factor, to allow for the amount of electricity losses in transmission networks, as determined by the AEMO.

 (4) The time period t, for this section must be either:

 (a) an hour; or

 (b) a time period prescribed for section 91(2)(b) of the Act.

Note: The time periods prescribed are a calendar day, calendar month and calendar year (see section 46).

auxiliary loss, for an energy storage system:

 (a) includes electricity used for the system’s maintenance or operation, that can be separately metered or measured; but

 (b) does not include:

 (i) electricity used or lost in the storage and discharge of electricity or energy; and

 (ii) electricity used for network support and control ancillary services.

50  Energy storage system—mixed charging sources

 (1) For this section:

 (a) the time period, t, must be the same time period used to calculate the maximum eligible amount in subsection (2); and

 (b) if the demonstrated renewable electricity is greater than the required renewable electricity in subsection (2), the demonstrated renewable electricity is taken to be equal to the required renewable electricity.

 (2) The eligible amount for an energy storage system for the time EAt is worked out as follows:

Start formula EA start subscript t end subscript equals MAXEA start subscript t end subscript times open parentheses start fraction Demonstrated Renewable Electricity start subscript t end subscript over Required Renewable Electricity start subscript t end subscript end fraction close parentheses end formula

MAXEAt is the maximum eligible amount for the time period, t, in megawatt hours, calculated in accordance with section 49.

Demonstrated Renewable Electricityt is the demonstrated amount of renewable electricity for the time period, t, in megawatt hours calculated in accordance with subsection (3).

Required Renewable Electricityt is the total amount of electricity that must be renewable for the time period, t, in megawatt hours, calculated in accordance with subsection (5).

 (3) For subsection (2), the Demonstrated Renewable Electricity for time, t, in megawatt hours, is worked out as follows:

Start formula Demonstrated Renewable Electricity start subscript t end subscript equals Surrendered LGCs start subscript t end subscript plus Retired REGOs start subscript t end subscript plus DSEE start subscript t end subscript end formula

Surrendered LGCst is the amount of electricity in megawatt hours represented by eligible large-scale generation certificates that have been surrendered under section 28A of the REE Act for the purpose of creating REGO certificates for the time period t in accordance with this section.

Retired REGOst is the amount of electricity in megawatt hours represented by REGO certificates that have been retired for the purpose of creating REGO certificates for the time period t in accordance with this section.

DSEEt is the amount of directly supplied eligible electricity, in megawatt hours, that:

 (a) is calculated in accordance with subsection (4); and

 (b) is allocated for the purpose of creating a REGO certificate for time period t, in accordance with this section; and

 (c) has not been previously allocated for the purpose of creating a REGO certificate.

eligible large-scale generation certificate: a large-scale generation certificate is an eligible large-scale generation certificate if the certificate is not:

 (a) created in contravention of section 24 or 25 of the REE Act; or

 (b) surrendered to meet a liable entity’s obligations under Subdivision A of Division 1 of Part 5 or section 95 of the REE Act.

 (4) For subsection (3), the directly supplied eligible electricity for the duration of time, DSEEs, in megawatt hours is calculated as follows:

Start formula DSEE start subscript s end subscript equals DSE start subscript s end subscript times open parentheses one minus start fraction FSL start subscript s end subscript over TG start subscript s end subscript end fraction close parentheses end formula

DSEs is the electricity generated by an electricity generation system with which the storage system has a direct supply relationship, supplied in the duration of time s to the storage system.

FSLs is the amount of electricity in megawatt hours generated by an electricity generation system with which the storage system has a direct supply relationship in the duration of time s:

TGs is the total amount of electricity in megawatt hours generated by the electricity generation system with which the storage system has a direct supply relationship in the duration of time s.

s is the duration of time determined in accordance with subsection (7).

 (5) For subsection (2), the Required Renewable Electricity for time period t, in megawatt hours, is calculated as follows:

Start formula Required Renewable Electricity start subscript t end subscript equals start fraction TLED start subscript t end subscript over EF start subscript s end subscript end fraction end formula

TLEDt is the total amount of electricity in megawatt hours dispatched by the energy storage system in the time period t.

EFs is the efficiency factor calculated in accordance with subsection (6).

​ (6) For subsection (5), the efficiency factor is calculated as follows:

Start formula EF start subscript s end subscript equals start fraction ElectricityOut start subscript s end subscript over open parentheses ElectricityIn start subscript s end subscript minus EX start subscript s end subscript minus AUX start subscript s end subscript close parentheses end fraction end formula  

​ElectricityOuts is the amount of electricity, in megawatt hours, dispatched by the energy storage system over the duration of time s.

​ElectricityIns is the amount of electricity, in megawatt hours, that enters the energy storage system over the duration of time s.

​EXs is electricity used for network support and control ancillary services over the duration of time s.

​AUXs is the auxiliary loss for the energy storage system in megawatt hours for the duration of time s.

s is the duration of time worked out in accordance with subsection (6).

 (7) For this section, the duration of time s, is:

 (a) if the time period t, used for this section is an hour or a calendar day—the calendar month in which the hour or day is located; or

 (8) In this section:

auxiliary loss, for an energy storage system:

 (a) means electricity used for the system’s maintenance or operation, that can be separately metered or measured; but

 (b) does not include:

 (i) electricity used or lost in the storage and discharge of electricity or energy; and

 (ii) electricity used for network support and control ancillary services.

51  Certificates that are not below-baseline—Act, pars 93(1)(c) and 93(2)(c)

 (1) For the purposes of paragraph 93(1)(c) of the Act, a certificate is covered by this rule if:

 (a) the certificate is created in respect of an eligible amount for a time period; and

 (b) the amount of renewable electricity generated for which the certificate is created would, had that time period elapsed, be covered by paragraph 93(1)(b) of the Act, at the start of the following time period.

 (2) For the purposes of paragraph 93(2)(c) of the Act, a certificate is covered by this rule if:

 (a) the certificate is created in respect of a residual amount for a calendar month; and

 (b) the amount of renewable electricity generated for which the certificate is created would, had that calendar month elapsed, be covered by paragraph 93(2)(b) of the Act, at the start of the following calendar month.

 (3) To remove any doubt, this rule applies even if:

 (a) the following time period falls outside of the calendar year; or

 (b) the following calendar month falls outside of the calendar year.

time period means the time period used for the purposes of calculating the eligible amount under subsection 91(4) of the Act.

Division 4.4—REGO certificates

52  Certificate content—Act, s 94(1)(j) and (6)

 (1) A certificate created in respect of an eligible amount for a registered renewable electricity facility must include the following information:

 (a) the date the certificate is created;

 (b) the facility identification code;

 (c) the location of the facility, including:

 (i) if the facility is located within a State or Territory—the State or Territory; or

 (ii) in any other case—global positioning system coordinates of the facility;

 (d) the nameplate capacity of the facility;

 (e) the registered owner of the certificate.

 (2) A certificate created in respect of an eligible amount for a facility that is an energy storage system must also include the following information:

 (a) the type of energy storage system;

 (b) if the facility has a direct supply relationship with an electricity generation system:

 (i) the facility name; and

 (ii) if the electricity generation system is a registered renewable electricity facility—the facility identification code; and

 (iii) if the electricity generation system is an accredited power station—the unique identification code allocated to the facility under section 16 of the REE Act; and

 (iv) each eligible renewable energy source used by the electricity generation system;

 (c) if any electricity is supplied to the energy storage system from an electricity network—details of the supply.

 (3) If a REGO certificate is surrendered or an LGC is retired in respect of the creation of a REGO certificate, the created REGO certificate may also specify eligible renewable energy sources that relate to the surrendered or retired certificate.

 (4) For the purposes of subsection 94(6) of the Act, a First Nations attribute may be included on a REGO certificate.

Note: An application to register a REGO certificate that includes a First Nations attribute requires that evidence be included with the application in relation to the attribute. The Regulator may refuse to register the REGO certificate if that information is not correct.

53  Double counting—Act, subpars 99(1)(a)(ii) and (2)(a)(ii)

 (1) For the purposes of subparagraphs 99(1)(a)(i) and (ii) of the Act, the International Renewable Energy Certificates scheme is prescribed.

International Renewable Energy Certificates scheme means the voluntary international system governed by the International Tracking Standard foundation (also known as I-TRACK).

54  REGO certificate registration—Act, pars 104(2)(c) and (7)(a)

 (1) An application to register a REGO certificate must include the following prescribed information:

 (a) data collected for meeting requirements in the applicable measurement standard, to the extent the requirements relate to working out the eligible amount in respect of which the certificate is created;

 (b) any information relating to energy sources that are required to be metered or measured in accordance with the applicable measurement standard;

 (c) any information required to be included in the application in accordance with a condition on the facility;

 (d) if a First Nations attribute is included on the certificate—evidence in support of including the First Nations attribute on the certificate;

 (e) evidence in support of the application.

 (2) In deciding whether to register a certificate, the Regulator must have regard to the following prescribed matters:

 (a) ​if a condition has been imposed on the registration of the facility under Part 4, Division 3, Subdivision B of the Act—compliance with the condition;

 (b) whether requirements under any applicable measurement standard have been met;

 (c) if the Regulator has become aware of a suitability event in relation to the eligible registered person—the suitability event;

 (d) any event under subsection 85(2) of the Act of which the Regulator has been notified;

 (e) whether the registration of the facility is suspended;

 (f) whether the eligible registered person or the registered facility has been issued with a suspension or cancellation notice.

55  REGO certificate transfer—Act, pars 106(2)(c) and (4)(c)

 (1) A request to transfer a REGO certificate from the registered owner of the certificate to another registered person (the receiver) must include:

 (a) a written statement from the receiver that they have agreed to the transfer; and

 (b) evidence in support of the request.

 (2) The Regulator must not transfer a REGO certificate in the following prescribed circumstances:

 (a) the Regulator believes on reasonable grounds that the certificate has been improperly created;

 (b) if, at the time the request is made, the certificate could not be retired under section 107 of the Act;

 (c) the Regulator has given the registered owner of the certificate a notice of proposed suspension or cancellation under section 20 of the Act;

 (d) the Regulator has given the receiver of the certificate a notice of proposed suspension or cancellation under section 20 of the Act.

 (3) If the Regulator transfers a REGO certificate under section 106 of the Act, the certificate must state:

 (a) the other registered person as the registered owner of the certificate; and

 (b) the date the other registered owner became the registered owner of the certificate.

56  REGO certificate retirement—Act, s 107(2)(b), (c)(iii) and (4)

 (1) A request to retire a REGO certificate must include the following prescribed information:

 (a) if the certificate is being retired in respect of electricity used to produce a product for which a PGO certificate is created—information to identify the production profile for the product;

 (b) if the certificate is being retired for the purposes of an application by the eligible registered person to register REGO certificates for a registered renewable electricity facility that is an energy storage system—information to identify the facility;

 (c) if the person for whose benefit the certificate is retired is not the registered owner of the REGO certificate—written approval of the person or entity for whose benefit the certificate is retired.

 (2) The Regulator must not retire a REGO certificate in any of the following prescribed circumstances:

 (a) the Regulator believes on reasonable grounds that the certificate has been improperly created;

 (b) the Regulator has given the registered owner of the certificate a notice of proposed suspension or cancellation under section 20 of the Act;

 (c) for a REGO certificate that is a below-baseline certificate—the registered owner of the certificate requests that the certificate be retired more than 18 months after the time period to which the certificate relates;

 (d) for a REGO certificate that is not a below-baseline certificate—the registered owner of the certificate requests that the certificate be retired more than 36 months after the time period to which the certificate relates.

 (3) If the Regulator retires a REGO certificate under section 106 of the Act, the certificate must state that the status of the certificate is ‘retired’.

57  Below-baseline certificate retirement—Act, s 108(2)

 (1) The Regulator must not retire a below-baseline certificate unless one of the following conditions applies to the retirement:

 (a) the certificate is to be retired in respect of the creation of a PGO certificate;

 (b) both of the following apply:

 (i) the person, for whose benefit the certificate is being retired, has been issued an EITE exemption certificate for the year in which the request is made;

 (ii) the EITE exemption certificate mentioned in subparagraph (i) specifies or describes an amount of exemption greater than zero;

 (c) the registered owner of the certificate who requested the retirement of the certificate:

 (i) is the eligible registered person for the registered renewable electricity facility that generated or dispatched the electricity in respect of which the certificate was created; and

 (ii) is the eligible registered person who applied to register the certificate; and

 (iii) requests the certificate be retired for the purposes of a registered renewable electricity facility consuming electricity; and

 (iv) is the eligible registered person for the facility mentioned in subparagraph (iii).

EITE exemption certificate means an exemption certificate within the meaning of the REE Act.

58  REGO certificate correction—Act, s 110(3)

 (1) The Regulator may amend a REGO certificate if the certificate was improperly created.

 (2) However, the Regulator may only amend a REGO certificate under this section:

 (a) if the certificate was improperly created because of the inclusion of a First Nations attribute—to remove the attribute; or

 (b) in any other case—to indicate that the certificate has a status of ‘improperly created’.

Part 5—The GO Register

59  The GO Register—Act, s 113

Register—general

 (1) If the Regulator amends information included in the register (including an amendment to keep the register up-to-date), the Regulator must set out:

 (a) details of the amendment; and

 (b) the date the amendment was made.

Registered persons

 (2) The register must set out the following prescribed information for each registered person:

 (a) the person’s ABN, ACN, ARBN, ICN or other unique number;

 (b) the person’s business name or trading name, if different from the person’s name;

 (c) the person’s status as one of the following:

 (i) an individual, including an individual who is a sole trader;

 (ii) a body corporate;

 (iii) a corporation sole;

 (iv) a body politic;

 (v) a local governing body;

 (vi) a trust;

 (d) the date the person was first registered for the Act;

 (e) if the person’s registration has been suspended or cancelled:

 (f) if the person has given an undertaking in relation to a provision of the Act—that fact;

 (g) the following information about the person’s noncompliance with the Act:

 (i) if the person has been convicted of an offence under the Act;

 (ii) if an order has been made against the person for a contravention of a civil penalty provision of the Act.

Registered profiles

 (3) The register must set out the following prescribed information for each registered profile:

 (a) whether the profile is:

 (i) a production profile; or

 (ii) a delivery profile; or

 (iii) a consumption profile;

 (b) the date the profile was first registered;

 (c) if the profile has been suspended or cancelled:

 (d) if the profile is a production profile—the date each guarantee of origin audit has been conducted:

 (e) if the profile is a delivery profile—the location of each delivery gate.

Registered PGO certificates

 (4) The register must set out the following information for each registered PGO certificate:

 (a) the amounts of the following emissions that comprise the productions emissions intensity for the product:

 (i) the scope 1 emissions;

 (ii) the scope 2 emissions;

 (iii) the scope 3 emissions; and

 (b) the holder of the consumption profile authorised to add consumption information to the certificate.

Registered renewable electricity facilities

 (5) The register must set out the following prescribed information for each registered renewable electricity facility:

 (a) the name of the facility;

 (b) the facility identification code;

 (c) if the facility is located on land that is subject to an Aboriginal or Torres Strait Islander land rights law:

 (d) if the facility is an accredited power station—the unique identification code allocated to the facility under section 16 of the REE Act;

 (e) a description of the type of technology by which the facility generates or stores electricity;

 (f) the nameplate capacity of the facility;

 (g) the location of the facility, including:

 (i) if the facility is located within a State or Territory—the State or Territory; or

 (ii) in any other case—global positioning system coordinates of the facility;

 (h) the date the facility was first registered under the Act;

 (i) if the facility’s registration has been suspended or cancelled:

 (j) if the facility is subject to a related scheme—the name of the scheme.

Registered REGO certificates

 (6) The register must set out the following prescribed information for each registered REGO certificate:

 (a) the unique identification code for the certificate;

 (b) the date the certificate was registered;

 (c) for the facility in respect of which the certificate was created:

 (i) the name of the facility; and

 (ii) the type of registered renewable electricity facility that the facility is;

 (d) the time period used to calculate the eligible amount of electricity in respect of which the certificate was created;

 (e) if the facility is an electricity generation system—each eligible renewable energy source for the facility;

 (f) if the facility is an energy storage system that has a direct supply relationship with an electricity generation system—each eligible renewable energy source for the electricity generation system;

 (g) if the certificate is a below-baseline certificate—that fact;

 (h) if the status of the certificate is either ‘retired’ or ‘improperly created’—that fact;

 (i) if the certificate has been retired:

 (i) the purpose of the retirement; and

 (ii) on whose behalf the certificate was retired;

 (j) if the electricity in respect of which the certificate was created was exported from Australia—that fact.

60  Register amendment

 (1) A registered person may apply to the Regulator to amend the register in relation to information about the following:

 (a) the registered person;

 (b) a renewable electricity facility for which the person holds a registration;

 (c) a registered REGO certificate for which the person is the registered owner.

 (2) The application must:

 (a) be in writing; and

 (b) describe the amendment; and

 (c) explain why the amendment should be made.

 (3) On receipt of the application, the Regulator must decide to:

 (a) amend the register; or

 (b) refuse to amend the register.

 (4) In deciding whether to amend the register, the Regulator may have regard to any matter the Regulator considers relevant.

 (5) If a person makes an application under this section, the Regulator may, by notice in writing, require the person to give the Regulator, within the period specified in the notice, such further information in relation to the application as the Regulator requires.

 (6) The Regulator is not required to decide the application, and may cease considering the application, if the person does not provide the required information within the period specified in the notice.

Part 6—Cost‑recovery charges

61  Meaning of Charges Act—Part 6

Charges Act means the Future Made in Australia (Guarantee of Origin Charges) Act 2024 or a legislative instrument made under it.

62  Fee‑bearing activities—Act, subs 117(1), pars 118(a) and (c)

  A person who makes an application or request mentioned in column 1 of an item in Table 62A or Table 62B is liable to pay the fee:

 (a) mentioned in column 2 of the item for the fee‑bearing activity mentioned in column 1 of the item; and

 (b) at the time the application is made.

• Table 62A
• Item Column 1 Column 2
• Fee-bearing activity Amount
• 1 deciding an application for registration made under section 12 of the Act $490
• 2 deciding an application made under section 74 of the Act to register an accredited power station the nameplate capacity of which is less than 10MW $50
• 3 deciding an application made under section 74 of the Act to register an accredited power station the nameplate capacity of which is:(a) at least 10MW; but(b) not more than 25MW $200
• 4 deciding an application made under section 74 of the Act to register an accredited power station the nameplate capacity of which is more than 25MW $1,000
• 5 deciding an application made under section 75 of the Act to register an electricity generation system the nameplate capacity of which is less than 10MW $50
• 6 deciding an application made under section 75 of the Act to register an electricity generation system the nameplate capacity of which is:(a) at least 10MW; but(b) not more than 25MW $200
• 7 deciding an application made under section 75 of the Act to register an electricity generation system the nameplate capacity of which is more than 25MW $1,000
• 8 deciding an application made under section 75 of the Act to register an energy storage system $1,429
• 9 deciding an application made under section 104 of the Act to register a REGO certificate $0.08

• Table 62B
• Item Column 1 Column 2
• Fee-bearing activity Amount
• 1 deciding an application made under section 30 of the Act to register a production profile $2,647
• 2 deciding an application made under section 34 of the Act to register a delivery profile $1,323
• 3 deciding an application made under section 38 of the Act to register a consumption profile $1,323
• 4 deciding a request made under section 56 of the Act to register a PGO certificate $0.0021
• 5 deciding a request made under section 59 of the Act to add information to a registered PGO certificate $0.0012

63  Annual charges—Act, s 118

 (1) The following people are liable to pay a charge imposed under the Charges Act at a time stated in an invoice given by the Regulator in accordance with subsection (2):

 (a) for a charge imposed on a registered profile—the holder of the profile;

 (b) for a charge imposed on a registered renewable electricity facility—the eligible registered person for the facility.

Note: The amount of a charge is prescribed in the Future Made in Australia (Guarantee of Origin Charges) Regulations 2025.

 (2) The invoice must state the following:

 (a) the registered profile or registered renewable electricity facility for which the charge is due and payable;

 (b) the financial year for which the charge is due and payable;

 (c) the name of the person who is liable to pay the charge;

 (d) the time the charge is due and payable that is:

 (i) at least 30 days after the day the invoice is given to the person; and

 (ii) not later than 90 days after the day the invoice is given to the person.

 (3) The Regulator may extend the time a charge is due and payable by not more than 30 days.

 (4) Despite subsection 33(1) of the Acts Interpretation Act 1901, the Regulator may extend the time only once.

64  Applications to remit cost-recovery charges—Act, par 122(3)(b)

  An application to remit a cost-recovery charge must include the following information:

 (a) the name of the applicant;

 (b) if the applicant is not the person who is liable to pay the charge—evidence that the person consents to the application;

 (c) the charge sought to be remitted;

 (d) if the applicant seeks to have the charge remitted in part—the amount of the charge to be remitted;

 (e) the circumstances that the applicant considers justify the remission;

 (f) evidence that the circumstances mentioned in paragraph (e) exist.

65  Waiving charges—Act, par 123(1)(a)

  The Regulator may waive a cost‑recovery charge if the person liable to pay for the charge:

 (a) is deceased; or

 (b) is bankrupt; or

 (c) is under liquidation; or

 (d) has entered administration.

66  Refunding charges—Act, par 123(1)(b)

  If an amount of a cost‑recovery charge is less than an amount paid by a person for the charge, the Regulator must refund the difference to the person.

67  Phasing‑in charges for certain production pathways—Act, par 123(1)(b)

 (1) This section applies to a person who is liable to pay:

 (a) a fee for a fee-bearing activity mentioned in Table 62B; or

 (b) a charge under the Charges Act imposed on the holder of a registered profile.

 (2) If the person is eligible for remission under clause 1.1 of Schedule 6, the Regulator must remit an amount of the fee or charge at or before the time the charge is due and payable.

 (3) The amount of the fee or charge that must be remitted is the amount represented by the percentage of the charge specified in column 1 of an item in clause 2.1 of Schedule 6 if the charge is due and payable in the financial year beginning on the day specified in column 2 of the item.

 (4) This section is repealed at the end of 30 June 2031.

Part 7—Audits

68  Compliance audit reimbursement—Act, par 126(2)(b)

  A request for reimbursement must:

 (a) state the following:

 (i) the full name, contact details and bank account details of the person requesting the reimbursement;

 (ii) the GO audit number; and

 (b) include the following:

 (i) if the guarantee of origin audit report for the audit for which the reimbursement is being sought has not been given to the Regulator—the audit report;

 (ii) information, including any supporting evidence, relating to the costs incurred caused because of compliance with the audit;

 (iii) a statement, including any supporting evidence, relating to financial hardship caused because of compliance with the audit;

 (iv) a declaration that the documents provided are not false or misleading in a material particular.

69  Scheduled audits—Act, subpar 127(1)(d)(ii)

  The following circumstances are prescribed:

 (a) the registered person receives a Commonwealth grant or assistance in relation to a renewable energy or product for which the person holds a registered profile;

 (b) a compliance audit has been undertaken and the Regulator reasonably believes that additional scheduled audits are required to ensure compliance with one or more aspects of:

 (i) the Act; or

 (ii) instruments made under the Act.

70  Secrecy—protected audit information—Act, subpar 133(2)(b)(ii)

  The following laws are prescribed:

 (a) the Work Health and Safety Act 2011 (ACT);

 (b) the Work Health and Safety Regulation 2011 (ACT);

 (c) the Work Health and Safety Act 2011 (NSW);

 (d) the Work Health and Safety Regulation 2017 (NSW);

 (e) the Work Health and Safety Act 2011 (Qld);

 (f) the Work Health and Safety Regulation 2011 (Qld);

 (g) the Work Health and Safety (National Uniform Legislation) Act 2011 (NT);

 (h) the Work Health and Safety (National Uniform Legislation) Regulations 2011 (NT);

 (i) the Work Health and Safety Act 2012 (SA);

 (j) the Work Health and Safety Regulations 2012 (SA);

 (k) the Work Health and Safety Act 2012 (Tas);

 (l) the Work Health and Safety Regulations 2022 (Tas);

 (m) the Occupational Health and Safety Act 2004 (Vic).

71  Use and disclosure of audit information—Act, subs 136(1) and (2)

 (1) Uses and disclosures of audit information for the following purposes are prescribed:

 (a) if the person who has audit information reasonably believes that a use or disclosure is necessary to reduce serious risk to life or the health of an individual—for the purpose of reducing the serious risk;

 (b) if audit information has been required by a court or tribunal—for the purpose of complying with the requirement;

 (c) if the person to whom the information relates requests or consents to the use or disclosure of the information—for the purpose of using or disclosing the information in accordance with the consent or request.

 (2) For the purposes of subsection 136(3) of the Act, the following powers of the Parliament under the Constitution are specified:

 (a) paragraph 51(i) with respect to trade and commerce with other countries, and among the States;

 (b) paragraph 51(xx) with respect to foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth;

 (c) paragraph 51(xxix) with respect to external affairs;

 (d) paragraph 51(xxxix) with respect to matters incidental to the execution of any power vested by the Constitution.

Part 8—Other matters

72  Record keeping—Act, sub 150(1)

 (1) Records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the person under the Act are prescribed, including:

 (a) information collected and used to work out the following in accordance with a requirement specified in a methodology determination:

 (i) the emissions stated in a PGO certificate in relation to a production emissions source for a product;

 (ii) the emissions intensity stated in a PGO certificate for a product;

 (iii) the emissions stated in a PGO certificate in relation to a post-production emissions source for a delivery module for a product; and

 (b) information collected while meeting a requirement in an applicable measurement standard, to the extent the requirement relates to working out an eligible amount in respect of which a REGO certificate is created.

 (2) Records kept or obtained under or for the purposes of the Act must be retained until the end of 7 years after those records were prepared or obtained.

 (3) The records required to be kept under this section must be kept:

 (a) in writing in the English language, or so as to enable the records to be readily accessible and convertible into writing in the English language; and

 (b) so that the person’s liability under the Act can be readily ascertained.

Act includes:

 (a) instruments made under the Act; and

 (b) instruments made under instruments under the Act.

73  Review of decisions—Act s 152, item 29 and sub 153(3)(b)

 (1) An affected person in relation to a reviewable decision may request that the Regulator reconsider the decision. The following table sets out the reviewable decisions and, for each decision, sets out the provision under which it is made.

| Column 1<br>Item | Column 2<br>Provision | Column 3<br>Decision | | 1 | section 23(1)(b) | to transfer a registered profile on Regulator’s own initiative | | 2 | section 23(3)(b) | to refuse to transfer a registered profile | | 3 | section 32(1)(b) | to invalidate a PGO certificate | | 4 | section 32(3)(b) | to refuse to invalidate a PGO certificate | | 5 | section 60(3)(b) | to refuse to amend the register |

 (2) An application for review must be in writing and include the following information:

 (a) the name and contact details of the applicant;

 (b) the date the decision was made;

 (c) evidence in support of the application;

 (d) information about how the person is affected by the decision.

Schedule 1—Documents for establishing applicant’s identity

Note: See section 7, the definitions of category A document and category B document, and paragraphs9(3)(a) and (b).

Part 2.1—Documents for identifying individuals who are Australian citizens or residents

1  Category A documents

  The following are category A documents for an individual who is an Australian citizen or ordinarily resident in Australia:

 (a) a birth certificate issued by a State or Territory;

 (b) a passport issued by the Commonwealth;

 (c) a citizenship certificate issued by the Commonwealth, or documentary evidence that the individual has been registered by the Commonwealth as an Australian citizen by descent;

 (d) a passport, or similar document issued for the purpose of international travel, that:

 (i) shows a photograph and the signature of the individual; and

 (ii) is issued by a foreign government, the United Nations or an agency of the United Nations.

2  Category B documents

  The following are category B documents for an individual who is an Australian citizen or ordinarily resident in Australia:

 (a) a driver’s licence or a learner’s permit (however described) that:

 (i) is issued under a law of a State or Territory; and

 (ii) shows a photograph and signature of the individual; and

 (iii) states a street address that is the same as the address stated for the individual in the application;

 (b) a Medicare card;

 (c) a notice issued by a local government body or utilities provider in the 3 months before the day the application is made that:

 (i) states the individual’s name; and

 (ii) states the individual’s street address; and

 (iii) records the provision of services by the local government body or utilities provider to that address or the individual;

 (d) an Australian firearms licence issued under a law of a State or Territory that:

 (i) shows a photograph and signature of the individual; and

 (ii) states a street address that is the same as the address stated for the individual in the application;

 (e) a secondary school or tertiary education student identification card that:

 (i) shows a photograph of the individual; and

 (ii) is issued by an education authority that has been accredited by the Commonwealth, a State or a Territory government.

Part 2.2—Documents for identifying individuals who are neither Australian citizens nor ordinarily resident in Australia

3  Category A documents

  The following are category A documents for an individual who is neither an Australian citizen nor ordinarily resident in Australia:

 (a) a passport, or similar document issued for the purpose of international travel, that:

 (i) shows a photograph and the signature of the individual in whose name the document is issued; and

 (ii) is issued by a foreign government, the United Nations or an agency of the United Nations;

 (b) a birth certificate issued by a foreign government, the United Nations or an agency of the United Nations;

 (c) a national identity card issued for the purpose of identification that:

 (i) shows a photograph of the individual in whose name the document is issued; and

 (ii) is issued by a foreign government, the United Nations or an agency of the United Nations.

4  Category B documents

  The following are category B documents for an individual who is neither an Australian citizen nor ordinarily resident in Australia:

 (a) a document issued by a foreign government that identifies the individual;

 (b) a marriage certificate issued by a foreign government;

 (c) a driver’s licence (however described) issued by a foreign government for the purpose of driving a vehicle that:

 (i) shows a photograph of the individual in whose name the licence is issued; and

 (ii) states a street address that is the same as the address stated for the individual in the application.

Schedule 2—Product-specific attributes

(see paragraph 25(1)(g))

Part 4.1—Hydrogen

1  Hydrogen—generally

  The following are product-specific attributes for hydrogen:

 (a) for gaseous hydrogen:

 (i) the pressure in kilopascals; and

 (ii) the purity as a percentage of the total volume;

 (b) for liquid hydrogen—the purity as a percentage of the total volume.

2  Hydrogen produced by electrolysis pathway

 (1) The following are product-specific attributes for hydrogen produced by the electrolysis production pathway:

 (a) each type of water used in the production pathway to produce the relevant batch of hydrogen;

 (b) the quantity of water used to produce the relevant batch of hydrogen in litres.

Example: A hydrogen production facility produces hydrogen by electrolysis using desalinated water. Under the relevant methodology determination, desalinated water influences the emissions intensity of the final product. This clause provides that the type of water used to produce the hydrogen is a product-specific attribute for hydrogen produced by electrolysis.

 (2) In this clause:

electrolysis production pathway means the production pathway determined for hydrogen under Division 3.1.2 of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Schedule 3—Electricity generation system—component guidelines

(see subpar 79(4)(a)(i) of the Act)

 1.1 Components are considered part of a facility if they are integral to the operation of the system and the generation of electricity, regardless of the owner or operator of the components.

 1.2 Infrastructure including buildings or stationary infrastructure and fuel storage areas, is included.

 1.3 The components of a facility may vary depending on the type of facility.

 1.4 If fuel is processed in an electricity generation system before it is converted to electrical energy, the fuel processing and delivery components of the system may be taken to be part of the facility.

 1.5 If fuel is produced from a process separate to an electricity generation system and the primary purpose of that process is not the generation of electricity, the components of the other system may not be taken to be part of the facility.

 1.6 However, if a process mentioned in subclause 1.5 is a source of significant greenhouse gas emissions and the fuel produced in that process are relevant to the generation of electricity, then the components of the other system may be taken to be part of the facility.

 1.7 This Schedule is not intended to limit the components of an electricity generation system that may be taken to be part of a facility for the Act.

 1.8 Generally, electricity generation systems are likely to include the following:

 (a) ​switchboard or switchroom;

 (b) ​transformer;

 (c) ​control system;

 (d) ​telemetering system;

 (e) ​protection system;

 (f) ​metering instrument;

 (g) ​monitoring instrument;

 (h) ​instrumentation;

 (i) ​buildings or stationary infrastructure;

 (j) ​backup power supply;

 (k) ​cabling;

 (l) ​switchyard.

2  Solar energy

 2.1 For a facility that uses solar energy, the components may also include the following:

 (a) ​photovoltaic panel;

 (b) ​solar thermal collector;

 (c) generator;

 (d) ​inverter;

 (e) ​system housing and framework;

 (f) ​heliostat (reflector);

 (g) ​optical concentrator;

 (h) ​trackers or sensors;

 (i) ​solar thermal heat exchanger;

 (j) ​solar thermal storage tanks;

 (k) ​solar thermal pumping equipment;

 (l) ​solar thermal pipelines;

 (m) turbine.

3  Wind energy

 3.1 For a facility that uses wind energy, the components may also include:

 (a) ​rotor;

 (b) ​tower;

 (c) generator.

4  Hydro

 4.1 For a facility that uses hydro-energy, the components may also include the following:

 (a) ​water channelling infrastructure;

 (b) ​water intake;

 (c) ​water storage or weir;

 (d) ​water discharge system;

 (e) generator;

 (f) turbine.

5  Wave, tide or ocean energy

 5.1 For a facility that uses wave, tide or ocean energy, the components may also include the following:

 (a) ​heat exchanger;

 (b) ​equipment to channel or trap water;

 (c) ​equipment to provide for air or water flow;

 (d) generator;

 (e) turbine.

6  Hot dry rock or geothermal-aquifer

 6.1 For a facility that uses hot dry rock or geothermal-aquifer, the components may also include the following:

 (a) ​pumping equipment;

 (b) water treatment system;

 (c) ​well;

 (d) ​working fluid;

 (e) generator;

 (f) turbine.

7  Bioenergy

 7.1 For a facility that uses bioenergy, the components may also include the following:

​ (a) pumping equipment;

 (b) ​blower;

 (c) ​chiller;

 (d) ​combustion system (including waste heat boilers);

 (e) ​compressor;

 (f) ​cooling tower;

 (g) ​digestion tank;

 (h) ​feedstock preparation;

 (i) ​fuel storage, transport and processing system;

 (j) ​gas cleaning system;

 (k) ​gasifier;

 (l) ​heat exchanger;

 (m) ​heat recovery system;

 (n) ​lagoon;

 (o) ​mechanical cleaner;

 (p) ​oxygen supply system;

 (q) ​particulate removal system;

 (r) ​scrubber;

 (s) ​tank;

 (t) ​thermal reactor;

 (u) generator;

 (v) turbine;

 (w) ​water supply and treatment system.

 7.2 A facility uses bioenergy if the energy is derived from the biomass components of an energy source mentioned in any of paragraphs (i) to (s) of the definition of eligible renewable energy sources in subsection 69(1) of the Act.

8  Co-firing

 8.1 If an electricity generation system co-fires an energy source that is not an eligible energy source and an eligible energy source, each component of the system (regardless of the kind of energy source used to fuel the component) may be taken to be part of a facility for the Act.

Schedule 4—Energy storage system—component guidelines

(see subpar 80(4)(a)(i) of the Act)

 1.1 Components are considered part of a facility if they are integral to the operation of the system, and the drawing in of electricity, storage of energy, or dispatch of electricity regardless of the owner or operator of the components.

 1.2 Infrastructure including buildings or stationary infrastructure are included.

 1.3 The components of a facility may vary depending on the type of facility.

 1.4 This schedules is not intended to limit the components of an energy storage system that may be taken to be part of a facility for the Act.

 1.5 Generally, energy storage systems are likely to include the following components:

 (a) switchboard or switchroom;

 (b) transformer;

 (c) control system;

 (d) telemetering system;

 (e) protection system;

 (f) metering instrument;

 (g) monitoring instrument;

 (h) instrumentation;

 (i) buildings or stationary infrastructure;

 (j) backup power supply;

 (k) cabling;

 (l) switchyard.

2  Battery Energy Storage System

 2.1 For a facility that is a battery energy storage system, the components may also include the following:

 (a) battery modules (consisting of battery cells);

 (b) framework and housing;

 (c) power conversion system (inverter, converter);

 (d) thermal management system;

 (e) fire suppression system.

3  Compressed Gas Energy Storage System

 3.1 For a facility that is a compressed gas (e.g. air or CO2) energy storage system, the components may also include the following:

 (a) motor;

 (b) generator;

 (c) turbine;

 (d) compressor;

 (e) expander;

 (f) storage system (could be a tank or cavern);

 (g) condenser (intercooler/aftercooler);

 (h) recuperator;

 (i) cooling system;

 (j) piping and fittings.

4  Thermal Energy Storage System

 4.1 For a facility that is a thermal energy storage system, the components may also include the following:

 (a) turbine;

 (b) motor;

 (c) generator;

 (d) storage medium;

 (e) heating equipment (heater, preheater, reheater);

 (f) heat exchanger;

 (g) condenser;

 (h) storage/containment system (tank, etc);

 (i) insulation;

 (j) thermal management system.

5  Kinetic Energy Storage System

 5.1 For a facility that is a kinetic energy storage system, the components may also include the following:

 (a) flywheel rotor;

 (b) rotor assembly;

 (c) motor/generator;

 (d) vacuum chamber and pump;

 (e) bearings.

6  Gravitational Energy Storage Systems

 6.1 For a facility that is a gravitational energy storage system, the components may also include the following:

 (a) generator;

 (b) shaft/structure;

 (c) motors;

 (d) pumps;

 (e) weight.

7  Pumped Hydro Energy Storage Systems

 7.1 For a facility that is a pumped hydro energy storage system, the components may also include the following:

 (a) generator;

 (b) turbine;

 (c) water channelling infrastructure;

 (d) water intake;

 (e) water storage or weir;

 (f) water discharge system;

 (g) pumping equipment.