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

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.