74ESC guidelines

74 ESC guidelines (1) The ESC may prepare and issue guidelines for or with respect to any matter required or permitted by this Act to be provided for by the ESC guidelines. (2) Without limiting subsection (1), ESC guidelines may include matters in relation to— (a) the accreditation of a person; S. 74(2)(ab) inserted by No. 34/2022 s. 18(1). (ab) the circumstances in which a person will be taken to be— (ii) a competent and capable person; S. 74(2)(ac) inserted by No. 34/2022 s. 18(1). (ac) CPD obligations to be complied with by accredited persons; S. 74(2)(ad) inserted by No. 34/2022 s. 18(1). (ad) the period in which an accredited person must comply with CPD obligations; S. 74(2)(ae) inserted by No. 15/2025 s. 35. (ae) training and competency requirements to be complied with by scheme participants, including— (i) training and competency requirements to be complied with by all scheme participants; and (ii) training and competency requirements to be complied with by scheme participants who undertake specified prescribed activities or parts of prescribed activities or specified regulated actions; (b) the creation, form and transfer of a certificate; S. 74(2)(ba) inserted by No. 34/2022 s. 66. (ba) the information to be included in a notice for the transfer of a certificate; (c) the manner in which a prescribed activity is to be undertaken; S. 74(2)(ca) inserted by No. 34/2022 s. 18(2). (ca) matters relating to the creation and execution of contracts for prescribed activities; (d) the form of, and the information to be included in, an energy acquisition statement; S. 74(2)(e) substituted by No. 34/2022 s. 54. (e) the auditing by the ESC of compliance with this Act and regulations made under it; S. 74(2)(ea) inserted by No. 34/2022 s. 54. (ea) the conduct of a compliance audit by an independent auditor; S. 74(2)(eb) inserted by No. 34/2022 s. 54. (eb) the conduct of an assurance audit by an independent auditor; (f) the auditing of an energy acquisition statement by a third party engaged by a relevant entity; (g) the records to be kept by an accredited person or a relevant entity; (h) the information to be contained in the register of accredited persons and the register of energy efficiency certificates; (i) any other matter that the ESC considers is relevant to the performance of its functions under this Act. S. 74(3) substituted by No. 15/2025 s. 53(1). (3) The ESC must publish— (a) a notice of the issue or amendment of the ESC guidelines in the Government Gazette; and (b) a copy of the ESC guidelines, as amended from time to time, on the ESC's Internet site. S. 74(3A) inserted by No. 15/2025 s. 53(1). (3A) Without limiting subsection (3)(a), a notice published under that provision must state where the ESC guidelines are available to view by members of the public. S. 74(4) substituted by No. 15/2025 s. 53(2). (4) The ESC guidelines, and any amendments to the ESC guidelines, take effect on— (a) the day on which notice of the issue or amendment is published in the Government Gazette; or (b) any later day specified in the ESC guidelines.