The Clean Energy Regulator (CER), the body that administers and enforces the Australian Government’s programs for reporting and reducing Australia’s carbon emissions publishes an annual list of its compliance and enforcement priorities. The focus in 2021-22 was enforcing action for deliberate illegal behaviour by scheme participants, specifically those who make claims based on false and/or misleading reports.
The Clean Energy Regulator (CER) administers and enforces the Australian Government’s programs for reporting and reducing Australia’s carbon emissions, including the Emissions Reduction Fund, Renewable Energy Target and National Greenhouse and Energy Reporting scheme. The CER publishes annually a list of its compliance and enforcement priorities, providing detail on its specific areas of focus for that year. The CER has recently published its Compliance and Enforcement Priorities for 2021-2022 (CER Priorities).
The key CER Priorities for 2021-2022 period include:
− Considering whether carbon service providers are fit and proper persons who are able to participate in the Emissions Reduction Fund.
− Monitoring and investigating whether accredited installers for the installation of smallscale solar PV systems meet their on-site attendance obligations and make accurate statements of certification eligibility and action. Installers who submit false claims may have their accreditation cancelled or face civil proceedings or criminal prosecution. Retailers and registered persons knowingly involved in the improper creation of certificates will also be investigated and potentially sanctioned.
− Verifying whether a participant in the National Greenhouse and Energy Reporting scheme has ensured that the correct controlling corporation reports under the scheme.
Court ordered civil penalties will be sought in cases of deliberate and consistent incorrect reporting.
CER has also listed its continuing and enduring priorities for the 2021-2022 period and has noted that it will prioritise enforcement action for deliberate illegal behaviour by scheme participants. These priorities include taking compliance action against people who make claims based on false or misleading claims and/or reports, or those who submit inaccurate, incomplete or late reports.
You can review the full Compliance and Enforcement Priorities for 2021-2022 at this link:
Please contact Jennifer Hughes if you have any questions in relation to compliance with Emissions Reduction Fund, Renewable Energy Target or National Greenhouse and Energy Reporting scheme requirements.
