20ACConditions for creation of certificates (Act s 23A)

#### 20AC Conditions for creation of certificates (Act s 23A) (1) For the purposes of subsection 23A(1A) of the Act, certificates cannot be created in relation to a small generation unit unless the conditions in this regulation are satisfied in relation to the unit or its installation. Condition—design and installation (2) The unit was designed and installed by a person or persons: (a) if the unit is a stand‑alone power system—accredited for stand‑alone power systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and (b) if the unit is a grid‑connected power system—accredited for grid‑connected power systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and (c) if the unit is a wind system—endorsed for wind systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and (d) if the unit is a hydro system—endorsed for hydro systems under an accreditation scheme approved by the Regulator under Subdivision 2.3.4; and (e) in relation to whom, or none of whom, a declaration was not in effect under regulation 20AG or 47 on: (i) if the installation of the unit was completed in a single day—that day; or (ii) in any other case—the day the installation began. Condition—installer on site (solar (photovoltaic) systems) (2A) If the unit is a solar (photovoltaic) system, the person mentioned in paragraph (2)(a) or (b) who installed the unit was on site to install, or supervise the installation of, the unit in accordance with the accreditation scheme under which the person is accredited. Condition—inverters (2B) If the unit uses an inverter, regulation 20AD has been complied with in relation to the inverter used in the installation of the unit. Condition—photovoltaic modules (solar (photovoltaic) systems) (2C) If the unit is a solar (photovoltaic) system, regulation 20AD has been complied with in relation to the photovoltaic module used in the installation of the unit. Condition—electrical wiring (3) The electrical wiring associated with the installation of the unit was undertaken by an electrical worker holding an unrestricted license for electrical work issued by the State or Territory authority for the place where the unit was installed. Condition—local and State or Territory government requirements (4) All local and State or Territory government requirements have been met for the installation of the unit. Condition—written statements, documents and evidence (5) The person who is entitled to create the certificates for the unit has obtained: (aa) a written statement by the designer of the unit (or, if the installer of the unit is accredited for the design of the unit, the installer of the unit) stating: (i) the name of the designer of the unit; and (ii) the accreditation scheme type or classification, and accreditation number, of the designer of the unit; and (iii) that the designer complied with all relevant requirements of the accreditation scheme for the design of the unit; and (a) a written statement by the installer of the unit stating: (i) the name of the installer of the unit; and (ii) the accreditation scheme type or classification, and accreditation number, of the installer of the unit; and (iii) that the installer complied with all relevant requirements of the accreditation scheme for the installation of the unit; and (b) a written statement by the installer of the unit that all local and State or Territory government requirements have been met for the installation of the unit; and (c) a copy of any documentation required, by the laws of the jurisdiction in which the unit was installed, to be provided to the owner of the unit certifying that the electrical installation of the unit complies with laws relating to safety and technical standards; and (d) a written statement by the installer of the unit stating: (i) that the installer has a copy of the design of the unit; and (ii) if the design was not modified during the installation of the unit—that the unit was installed, in all material respects, in accordance with the design; and (iii) if the design was modified during the installation of the unit—that the modifications were consistent with all relevant requirements of the accreditation scheme for the design of the unit, and that the unit was installed, in all material respects, in accordance with the modified design; and (iv) that the unit will perform consistently with the design or modified design (as applicable); and (e) if the system uses an inverter: (i) a written statement by the installer of the unit that the model of inverter used in the installation was, when the unit was installed, an approved eligible model of inverter; and (ii) if the system is a grid‑connected power system—a written statement by the installer of the unit that, when the unit was installed, the model of inverter used in the installation complied with Australian/New Zealand Standard AS/NZS 4777.2:2020, Grid connection of energy systems via inverters, Part 2: Inverter requirements, published jointly by, or on behalf of, Standards Australia and Standards New Zealand (as existing from time to time); and (f) for a unit that is a solar (photovoltaic) system—the following: (i) a written statement by the installer of the unit that the model of photovoltaic module used in the installation was, when the unit was installed, an approved eligible model of a photovoltaic module; (ii) a written statement by the installer of the unit that the installer was on site as mentioned in subregulation (2A); (iii) evidence from the installer of the unit that the installer was on site as mentioned in subregulation (2A). Condition—written statement from solar retailer (solar (photovoltaic) systems) (5A) If the unit is a solar (photovoltaic) system, the person who is entitled to create the certificates for the unit has obtained a written statement by the person (the solar retailer) who sold the unit to the owner of the unit stating the following: (a) the name of the installer of the unit; (b) whether or not the installer is an employee or a subcontractor of the solar retailer; (c) that the unit will perform in accordance with the contract (or the quote accepted) for the sale of the unit to the owner of the unit, except to the extent that that performance is prevented by circumstances outside the solar retailer’s control; (d) that the unit is: (i) complete; and (ii) generating electricity or capable of generating electricity; (e) if the unit is a grid‑connected power system—that: (i) the unit is connected to the grid; or (ii) the solar retailer has completed the solar retailer’s obligations under the contract (or the quote accepted) relating to the connection of the unit to the grid; (f) that the solar retailer has provided information in writing to the owner of the unit about the feed in tariffs and export limits for the unit; and (g) that the solar retailer has provided information in writing to the owner of the unit about one or more of the following for the unit: (i) the expected payback period; (ii) the expected energy savings; (iii) the expected cost savings; (h) that the information provided as mentioned in paragraphs (f) and (g) is true, correct and complete; (i) that any actual or potential conflicts of interest of the solar retailer relating to the sale or installation of the unit, or the creation of certificates for the unit, including any conflicts of interest in relation to persons or entities related to the solar retailer, have been: (i) disclosed to the owner of the unit; and (ii) managed appropriately; (j) that a declaration under regulation 20AH is not in effect in relation to the solar retailer on the day the statement is given. (5B) Subsection (5A) does not apply in relation to a unit if: (a) the unit was installed by the owner of the unit; or (b) the installation of the unit was sold to the owner of the unit by a person other than the solar retailer or a person related to the solar retailer. Electrical wiring to which subregulation (3) does not apply (6) Subregulation (3) does not apply to electrical wiring if: (a) the unit is not grid‑connected; and (b) the wiring does not involve alternating current of 50 or more volts; and (c) the wiring does not involve direct current of 120 or more volts; and (d) before any certificates are created for the unit, the person who is entitled to create the certificates for the unit obtains a written statement by the installer of the unit that: (i) the unit is not grid‑connected; and (ii) an electrical worker holding an unrestricted license for electrical work issued by the State or Territory authority for the place where the unit was installed undertook all wiring of the unit that involves: (A) alternating current of 50 or more volts; or (B) direct current of 120 or more volts. Condition—statements to include statement of truth, correctness and completeness (7) Each statement obtained for the purposes of subregulation (5) or (5A) includes a statement that the information in the statement is true, correct and complete. Condition—information not to be false or misleading (8) None of the documents, statements or evidence obtained for the purposes of subregulation (5) or (5A) contain information that: (a) is false or misleading in a material particular; or (b) omits a matter or thing without which the information is misleading in a material particular. > Note: See also section 24B of the Act (which relates to civil penalties for giving false or misleading information in relation to the installation of small generation units that results in the improper creation of certificates in relation to the units). Approved eligible models of inverters (9) For the purposes of subparagraph (5)(e)(i), a model of an inverter is an approved eligible model at a particular time if, at the time: (a) the model is included in the list of approved inverters (as existing from time to time) that is published by the person to whom regulation 20AE applies; and (b) a declaration under regulation 20AF is not in effect in relation to the model; and (c) a recall notice has not been issued for the model under subsection 122(1) of the Australian Consumer Law (compulsory recall of consumer goods); and (d) section 128 of the Australian Consumer Law (voluntary recall of consumer goods) does not apply in relation to the model. > Note: The reference to the Australian Consumer Law is a reference to Schedule 2 to the Competition and Consumer Act 2010 as it applies as a law of the Commonwealth, States and Territories: see section 140K of that Act and corresponding provisions of Acts of States and Territories applying that Schedule. Approved eligible models of photovoltaic modules (10) For the purposes of subparagraph (5)(f)(i), a model of a photovoltaic module is an approved eligible model at a particular time if, at the time: (a) the model complies with: (i) if the time is before 19 May 2022—Australian/New Zealand Standard AS/NZS 5033:2014, Installation and safety requirements for photovoltaic (PV) arrays, published jointly by, or on behalf of, Standards Australia and Standards New Zealand (as existing from time to time); or (ii) if the time is on or after 19 May 2022—Australian/New Zealand Standard AS/NZS 5033:2021, Installation and safety requirements for photovoltaic (PV) arrays, published jointly by, or on behalf of, Standards Australia and Standards New Zealand (as existing from time to time); and (b) the model is included in the list of approved photovoltaic modules (as existing from time to time) that is published by the person to whom regulation 20AE applies; and (c) a declaration under regulation 20AF is not in effect in relation to the model; and (d) a recall notice has not been issued for the model under subsection 122(1) of the Australian Consumer Law (compulsory recall of consumer goods); and (e) section 128 of the Australian Consumer Law (voluntary recall of consumer goods) does not apply in relation to the model. > Note: The reference to the Australian Consumer Law is a reference to Schedule 2 to the Competition and Consumer Act 2010 as it applies as a law of the Commonwealth, States and Territories: see section 140K of that Act and corresponding provisions of Acts of States and Territories applying that Schedule.