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

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.