Division 4 Accreditation of certificate providers

78L   Eligibility for accreditation

(1)  A person is eligible for accreditation as an energy savings certificate provider in respect of an activity if:

(a)  the activity is a recognised energy saving activity under the scheme rules and the person is eligible for accreditation in respect of the activity under the scheme rules, and

(b)  the person has record keeping arrangements with respect to the activity approved by the Scheme Administrator or (in the case of a proposed activity) the Scheme Administrator is satisfied that the person will, when the activity is carried out, have appropriate record keeping arrangements in respect of that activity, and

(c)  in the case of a proposed activity—the Scheme Administrator is satisfied that the proposal will be undertaken substantially as described in the person’s application for accreditation.

(2)  A reference in this Division to an activity includes a reference to an existing or proposed activity.

78M   Application for accreditation

An application for accreditation as an energy savings certificate provider in respect of an activity:

(a)  is to be made in the form and manner approved by the Scheme Administrator, and

(b)  is to be accompanied by such information relating to the activity as the Scheme Administrator requires, and

(c)  is to be accompanied by an application fee of $500.

Note. Section 136 (5) of the Act allows the Scheme Administrator to charge a fee (in addition to the application fee) in respect of the investigation and determination of an application for accreditation.

78N   Benefits under other schemes

The Scheme Administrator may require a person who applies for accreditation to give to the Scheme Administrator an undertaking, in such terms as the Scheme Administrator may require, not to claim any benefit under a corresponding scheme if such an action would result in a benefit being obtained under both that scheme and the energy savings scheme in respect of the same energy savings.

78O   Grounds for refusal of application for accreditation

(1)  The Scheme Administrator may refuse an application for accreditation as an energy savings certificate provider in respect of an activity if:

(a)  the Scheme Administrator is not satisfied that the applicant is eligible for accreditation as an energy savings certificate provider in respect of the activity concerned, or

(b)  the application for accreditation is not duly made (including if it is not accompanied by any required information or the appropriate fee), or

(c)  the applicant fails to give the Scheme Administrator an undertaking required to be given in connection with the application under this Division in terms satisfactory to the Scheme Administrator.

(2)  If the Scheme Administrator refuses an application for accreditation as an energy savings certificate provider, the Scheme Administrator must advise the applicant in writing of the grounds on which the application was refused.

78P   Suspension or cancellation of accreditation

(1)  The Scheme Administrator may suspend or cancel the accreditation of a person as an energy savings certificate provider in respect of an activity on any of the following grounds:

(a)  the Scheme Administrator is satisfied that the person has ceased to be eligible for accreditation as an energy savings certificate provider in respect of the activity,

(b)  the person has requested the suspension or cancellation,

(c)  the Scheme Administrator is satisfied that the person has contravened a provision of the Act, the regulations, the scheme rules or a condition to which the accreditation is subject,

(d)  the person has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,

(e)  the person is a corporation that is the subject of a winding up order or for which a controller or administrator has been appointed.

(2)  If the Scheme Administrator suspends or cancels the accreditation of a person, the Scheme Administrator is required to notify the person in writing of the suspension or cancellation and the grounds on which the accreditation is suspended or cancelled.

(3)  A suspension or cancellation takes effect when notice of the suspension or cancellation is given to the person by the Scheme Administrator, or on such later date as may be specified by the Scheme Administrator in the notice.

78Q   Transfer of accreditation

An application for transfer of accreditation as an energy savings certificate provider:

(a)  is to be made in the form and manner approved by the Scheme Administrator, and

(b)  is to be accompanied by such information relating to the activity as the Scheme Administrator requires, and

(c)  is to be accompanied by an application fee of $500.