ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;
contract includes agreement;
Sch. 6 Pt 1 cl. 1 def. of contractor revoked by S.R. No. 60/2023 reg. 9(1)(b).
dispute resolution information means information referred to in clause 28(3)(b), (c) and (d);
lead generation, in relation to a prescribed activity, means any activity carried out for the purposes of identifying, attracting or engaging with persons who may enter into a contract for the undertaking of the prescribed activity, including by way of the following—
(a) telephoning a person;
(b) knocking on the door of a person's business or residential premises;
(c) in person approaches to a person;
(d) contacting a person by email or online;
(e) promoting the prescribed activity in the course of providing another product or service to a person;
(f) following up with a person after an initial approach;
marketing, in relation to a prescribed activity, means any activity relating to the promotion, sale or supply of the prescribed activity, including a promotion, sale or supply made—
(a) in person; or
(b) by telephone; or
(c) online;
Sch. 6 Pt 1 cl. 1 def. of regulated action revoked by S.R. No. 60/2023 reg. 9(1)(b).
Sch. 6 Pt 1 cl. 1 def. of scheme participant revoked by S.R. No. 60/2023 reg. 9(1)(b).
subcontractor includes a subcontractor of a subcontractor;
VEET Regulations means—
(a) these Regulations; and
(b) the Victorian Energy Efficiency Target (Project-Based Activities) Regulations 2017;
Sch. 6 Pt 1 cl. 1 def. of VEET scheme consumer factsheet amended by S.R. No. 60/2023 reg. 9(1)(a).
VEET scheme consumer factsheet means the Victorian Energy Efficiency Target scheme factsheet published on the Internet site of the Department.
Note to Sch. 6 Pt 1 cl. 1 inserted by S.R. No. 60/2023 reg. 9(2).
Section 3(1) of the Act defines the terms code of conduct, contractor and regulated action. Section 3A of the Act defines the term scheme participant.
(a) to regulate the conduct of accredited persons and scheme participants in carrying out a regulated action in relation to a prescribed activity; and
(b) to ensure that accredited persons and scheme participants provide sufficient information to a person to enable the person to properly understand, and make informed decisions in relation to—
(i) the VEET scheme; and
(ii) a prescribed activity; and
(iii) their rights and obligations under the Act, the VEET Regulations and this code of conduct; and
(iv) the obligations of accredited persons and scheme participants under the Act, the VEET Regulations and this code of conduct; and
(c) to ensure that accredited persons have a dispute resolution framework to handle complaints by energy consumers in relation to regulated actions carried out by accredited persons and scheme participants.
4 Principles
This code of conduct is intended to give effect to the principles that accredited persons and scheme participants carrying out a regulated action in relation to a prescribed activity must—
(a) ensure that the action is carried out in a professional and ethical manner; and
(b) protect the interests of energy consumers and promote confidence in the VEET scheme; and
(c) meet high standards of conduct in their dealings with energy consumers and other persons; and
(d) comply with—
(i) the Act; and
(ii) the VEET Regulations; and
(iii) the Secretary's specifications; and
(iv) this code of conduct; and
(v) the Australian Consumer Law (Victoria).
Part 2—General responsibilities
5 Responsibility of accredited person
An accredited person must ensure that the following persons have complied with this code of conduct in relation to each regulated action taken by the person in relation to a prescribed activity for which a certificate may be created—
(a) the accredited person;
(b) any scheme participant acting for or on behalf of the accredited person in relation to the prescribed activity;
(c) any other scheme participant who has engaged in a regulated action in relation to the prescribed activity.
Regulation 15(2) provides that a certificate cannot be created in relation to a prescribed activity if this code of conduct has not been complied with in relation to the prescribed activity.
6 Responsibility to consider capacity of persons
(1) Before undertaking a regulated action in relation to residential premises, an accredited person or scheme participant must take reasonable steps to ensure that the regulated action is only carried out in the presence of a person of or over 18 years of age who is able to understand—
(a) the information provided about the prescribed activity; and
(b) the terms of any contract for the sale or supply of the prescribed activity.
(2) For the purposes of subclause (1), reasonable steps include considering whether the person may have difficulty understanding the information or contract, including due to—
(a) mental illness; or
(b) mental impairment; or
(c) difficulty understanding the language in which the information or contract is provided.
7 Requirement to provide written information or document
An accredited person or scheme participant who is required to provide written information or a document to a person under this code of conduct may, with the consent of the person, provide an electronic link to access that information or document.
Part 3—Lead generation and marketing activities
8 Application of Part
This Part sets out requirements that accredited persons and scheme participants must comply with when carrying out lead generation and marketing activities in relation to a prescribed activity, including those activities carried out in the course of undertaking a prescribed activity.
9 Identification for lead generation and marketing
(1) An accredited person or scheme participant must wear an identification card at all times when carrying out a lead generation or marketing activity in person in relation to a prescribed activity.
(2) The identification card referred to in subclause (1) must display—
(a) the person's photograph; and
(b) the person's full name; and
(c) the person's contact details; and
(d) the person's ABN, unless paragraph (e) applies; and
(e) if a scheme participant is carrying out the lead generation or marketing activity as an employee or contractor of an accredited person or as an employee of a contractor of an accredited person—
(i) the name and trading name of the accredited person or contractor on whose behalf the scheme participant is carrying out the activity; and
(ii) the ABN of the accredited person or contractor on whose behalf the scheme participant is carrying out the activity.
10 Responsibility in relation to minors at residential premises
An accredited person or scheme participant involved in a lead generation or marketing activity for a prescribed activity at a residential premises must leave the premises immediately on establishing that no person of or over 18 years of age is present at the premises.
11 High pressure tactics
(1) An accredited person or scheme participant involved in a lead generation or marketing activity for a prescribed activity must not use high pressure tactics on any person.
(2) For the purposes of subclause (1), high pressure tactics include any of the following—
(a) pressuring, bullying or manipulating a person;
(b) acting in an aggressive or coercive manner towards a person;