Document ID: chunk:federal_register_of_legislation:F2021L01828:clause:1_20ag
Version: federal_register_of_legislation:F2021L01828
Segment Type: clause
Provision Reference: sch 1 cl 20AG
Character Range: 20894–23316

20AG  Regulator may declare persons ineligible to design or install small generation units

Designers
 (1) Subregulation (2) applies in relation to a person who has designed one or more small generation units as mentioned in subregulation 20AC(2) if:
 (a) the Regulator is reasonably satisfied that the person has, on or after 1 April 2022, given 3 or more statements mentioned in paragraph 20AC(5)(aa) that contain information that:
 (i) is false or misleading in a material particular; or
 (ii) omits a matter or thing without which the information is misleading in a material particular; or
 (b) the Regulator is reasonably satisfied that the person has, on or after 1 April 2022, on 3 or more occasions failed to comply with the accreditation scheme under which the person is accredited.
 (2) The Regulator may, in writing, declare that the person is not eligible to design small generation units for the purposes of subregulation 20AC(2).

Installers
 (3) Subregulation (4) applies in relation to a person who has installed one or more small generation units as mentioned in subregulation 20AC(2) if:
 (a) the Regulator is reasonably satisfied that the person has, on or after 1 January 2022, given 3 or more statements mentioned in subregulation 20AC(5) that contain information that:
 (i) is false or misleading in a material particular; or
 (ii) omits a matter or thing without which the information is misleading in a material particular; or
 (b) the Regulator is reasonably satisfied, on the basis of information received from one or more State or Territory authorities, that the person has, on or after 1 January 2022, on 3 or more occasions installed a small generation unit in a material breach of a local or State or Territory government requirement for the installation of the unit; or
 (c) the Regulator is reasonably satisfied that the person has, on or after 1 January 2022, on 3 or more occasions failed to comply with the accreditation scheme under which the person is accredited.
 (4) The Regulator may, in writing, declare that the person is not eligible to install small generation units for the purposes of subregulation 20AC(2).

Period of effect and publication of declarations
 (5) A declaration under this regulation has effect for the period, not exceeding 3 years, specified in the declaration.
 (6) The Regulator must publish a declaration under this regulation on the Regulator's website.