The Clean Energy Regulator (CER) administers Australian Government schemes for reporting and reducing Australia’s carbon emissions. Our approach to compliance with those schemes is that:

  • the obligation to comply with legislative requirements rests with participants
     
  • our enforcement responses to participant non-compliance are proportionate and we consider the impact of non-compliance on scheme objectives
     
  • where we detect non-compliance, we will actively take enforcement action drawing from the full suite of compliance and enforcement powers as reflected in our Compliance policy for education, monitoring and enforcement activities.

Compliance Updates

National Greenhouse and Energy Reporting (NGER) Reporting and Safeguard Mechanism

Safeguard entities who under-report emissions

Safeguard reporters should be preparing for elements of the reformed safeguard to come into effect from the 2023–24 reporting year. Safeguard reporters will need robust and accurate internal reporting systems and ensure they have sufficient ACCUs to meet any exceedances. The CER will be maintaining its attention on inaccurate or late reporters as this will be a focus for compliance action.

ACCU Scheme (Formerly Emissions Reduction Fund)

The provision of information and reports in relation to the ACCU scheme must be accurate and complete

ACCU Scheme participants must ensure their reporting to us to support claims for ACCUs is accurate.

In implementing the Final Report of the Independent Review of ACCUs, we are currently analysing the extensive information provided to us by Human-induced Regeneration (HIR) project proponents. We may request further information from HIR project proponents to ensure the accuracy of that information for assurance purposes.

We have now publicly released Carbon Estimation Area (CEA) data. We will update that data as CEAs are amended so proponents must ensure that the data provided to the CER is accurate and complete.

Proponents are reminded that there are serious penalties for providing false or misleading information to the CER.

Greenwashing

Verification of energy and emissions data

We collect and report on energy and emissions data which can be used to verify carbon emissions claims and to address greenwashing. We work closely with other regulators, such as the Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC) and provide data and information in support of their potential regulatory action.

Renewable Energy Target (RET)

Written statements for STC claims must not be false or misleading

Installers must provide sufficient evidence of attendance on site and we expect that Small-scale Renewable Energy Scheme Agents will have systems and processes in place and will exercise appropriate care to prevent improper claims for small-scale technology certificates (STCs).

Liable entities with outstanding shortfall debts

RET liable entities must meet their obligations to surrender large-scale generation certificates (LGCs) and Small-scale Technology certificates (STCs) on time. The CER will take action to recover debts from participants failing to surrender renewable energy certificates on time and then not paying shortfall charges, including winding up companies.

Corporate Emissions Reduction Transparency (CERT) Reports

Accuracy of climate-related commitments and context statements

Corporate Emissions Reduction Transparency (CERT) report participants must provide accurate reporting and disclosure of climate-related commitments and context statements to us to reduce the potential for misunderstanding or greenwashing.

Scheme Auditors1

Non-compliant or poorly performing auditors

The CER will not hesitate to deregister or suspend auditors who are non-compliant or performing poorly. Assurance provided through audits is a critical compliance monitoring measure.

1Registered as National Greenhouse and Energy Auditors to audit schemes administered by the CER.