Document ID: chunk:federal_register_of_legislation:F2021L01789:reg:10
Version: federal_register_of_legislation:F2021L01789
Segment Type: reg
Provision Reference: reg 10
Character Range: 21829–23871

10  Meaning of independent measurement and verification professional
 (1) A person is an independent measurement and verification professional in relation to a project if:
 (a) the person is independent of the project proponent; and
 (b) the person is:
 (i) a professional energy services contractor or consultant; or
 (ii) a professional engineer; or
 (iii) a measurement and verification professional; and
 (c) the person is:
 (i) a member of Engineers Australia with the status of Chartered Professional Engineer (CPEng, or equivalent); or
 (ii) a professional engineer (that is, registered under a law that provides for the registration of professional engineers or entered on the National Professional Engineers Register administered by the Institution of Engineers Australia) with:
 (A) a university degree that is accredited for the grade of Professional Engineer by Engineers Australia; and
 (B) at least 3 years' professional experience that includes energy auditing, energy measurement and verification or energy system project design, analysis and installation; or
 (iii) if the person is not carrying out the function envisaged in section 36 in relation to an engineering baseline emissions model—certified by the Association of Energy Engineers as a Certified Measurement and Verification Professional (CMVP).
 (2) A person is independent of the project proponent if the person:
 (a) does not have a financial interest in the project or any implementation involved in the project; and
 (b) does not have any interest that could reasonably be regarded as capable of affecting the person's ability to carry out functions envisaged in this determination in relation to the project in good faith; and
 (c) is not involved in the operation of the project or any business or undertaking involved in the project; and
 (d) is not an officer or employee of the project proponent; and
 (e) is not a partner, employee, spouse, de facto partner or immediate family member of a person who is an officer or employee of the project proponent.