Document ID: chunk:federal_register_of_legislation:F2025C00184:reg:20ai
Version: federal_register_of_legislation:F2025C00184
Segment Type: reg
Provision Reference: reg 20AI
Character Range: 115816–117387

20AI  Making declarations under regulations 20AG and 20AH
 (1) In deciding whether or not to make a declaration under regulation 20AG or 20AH in relation to a person, the Regulator must consider the following matters:
 (a) if the proposed declaration is to be made on the basis of paragraph 20AG(1)(a) or (3)(a) or 20AH(1)(a)—the materiality of the false or misleading information concerned;
 (b) if the proposed declaration is to be made on the basis of paragraph 20AG(3)(b)—the materiality of the breaches of local or State or Territory government requirements concerned;
 (c) if the proposed declaration is to be made on the basis of paragraph 20AG(1)(b) or (3)(c)—the materiality of the failures (to comply with the accreditation scheme under which the person is accredited) concerned;
 (d) any harm or loss caused to the owners of the small generation units concerned, or to third parties, resulting from the false or misleading statements, breaches or failures (as applicable);
 (e) whether the person has rectified any problems resulting from the false or misleading statements, breaches or failures (as applicable);
 (f) any other relevant matters.
 (2) Before making a declaration in relation to a person, the Regulator must:
 (a) give the person written notice of the proposed declaration; and
 (b) consider any submissions made in accordance with subregulation (3) in relation to the proposed declaration.
 (3) The person may, within 28 days after the Regulator gives the person notice of the proposed declaration, make a written submission to the Regulator.