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Small-scale technology certificate assignment questions and answers

14 June 2016
RET

​Who can assign the right to create small-scale technology certificates?

The owner of the system has the right to create small-scale technology certificates and may assign that right at the time the system is first capable of producing electricity or delivering hot water.

Who can have the right to create small-scale technology certificates assigned to them?

The right to create small-scale technology certificates may be assigned to a registered agent by the owner of the system at the time it is first capable of producing electricity or delivering hot water. Registered agents pay a fee under the Renewable Energy (Electricity) Regulations 2001 to have the right to create small-scale technology certificates assigned to them.

How many times can the right to create small-scale technology certificates be assigned?

The right to create small-scale technology certificates may be assigned once by the owner of the system to a registered agent. The right to create small-scale technology certificates cannot be on-assigned to a third party. 

I haven’t received payment for small-scale technology certificates from the registered agent, how do I cancel the assignment?

Payment for small-scale technology certificates is a contractual matter between the system owner and the registered agent. The Small-scale Renewable Energy Scheme offers a financial incentive to install small-scale renewable energy systems: this incentive is not a rebate and funds are not paid by the Clean Energy Regulator to system owners or registered agents.

Installers and retailers may have a contractual arrangement with a registered agent to be reimbursed for the small-scale technology certificate discount provided to the system owner; however, this contractual arrangement does not give installers or retailers assignment rights. The Clean Energy Regulator does not get involved in contractual disputes.

Installers or retailers cannot cancel the assignment of rights with a registered agent and have the system owner re-assign the right to create small-scale technology certificates to another agent. If the right to create small-scale technology certificates has been assigned to a registered agent, then the entitlement to create the certificates vests in the registered agent and may only be cancelled or nullified with their consent.

Can the installer or system retailer ask the Clean Energy Regulator to fail small-scale technology certificates?

Installers or retailers cannot request the Clean Energy Regulator to fail small-scale technology certificates if they are not the registered agent that created the certificates. Only the creator of the certificates can request the Clean Energy Regulator to fail certificates on request. The failure of certificates does not signify a cancellation of assignment.

Similarly, the installer or retailer cannot request information on the progress of or the information contained in a small-scale technology certificate application if they are not the registered agent that created the certificates.  

What do I do if the registered agent that I use to create small-scale technology certificates enters into administration?

If a registered agent enters into external administration and amounts are owed relating to small-scale technology certificates then the appointed administrators would need to be contacted and a claim registered against the company.

The Clean Energy Regulator does not get involved in the claiming process for creditors of companies that have entered into administration.

Can you advise whether a company is in administration?

If the Clean Energy Regulator is aware that a company has entered into external administration and if the appointed administrators are known, then the status of that company may be provided.  

The status of a company can be found on the Australian Securities and Investments Commission website.

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