REC Registry

1. Definitions

Account means an electronic account established by the account owner in the REC Registry in order to be given access, by the Clean Energy Regulator, to the password protected part of the REC Registry.

Account administrator means an individual nominated by the account owner to have administrator level privileges in relation to the account. An account administrator is also a user.

Account owner means a person (whether an individual, company or other legal entity) who has been allowed by the Clean Energy Regulator to establish an account and access the password protected part of the REC Registry.

Act means the Renewable Energy (Electricity) Act 2000 (Cth).

Agent means a person who has been assigned by an owner of a solar water heater, air source heat pump or small generation unit, the right to create STCs on the owners behalf under section 23 (2) and 23C (2) of the Act.

AO 153-B Supplies, CER 153-B Supplies and Subdivision 153-B Arrangement has the meaning given in clause 9.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth)

GST, GST law, tax invoice, recipient created tax invoice, adjustment note and taxable supply have the meanings given to those terms in the GST Act.

LGC means large-scale generation certificate created under the Act.

REC Registry means one or more of the following registers accessible via the REC Registry website:

• the register of small-scale technology certificates
• the register of large-scale generation certificates
• the register of renewable energy certificates
• the register of accredited power stations
• the register of applications for accredited power stations
• the register of registered persons
• the STC clearing house transfer list

including the password protected sections of these registers.

Registered person means a person registered under section 10 of the Act.

Renewable energy certificate or REC means a renewable energy certificate created under division 4 of part 2 of the Act.

Regulations means the Renewable Energy (Electricity) Regulations 2001 (Cth).

STC means a small-scale technology certificate created under the Act.

STC clearing house means the facility established and operated by the Clean Energy Regulator under section 30J of the Act for the transfer of STCs. The STC clearing house is accessed in the password protected section of the REC Registry.

STC clearing house transfer list means the list, maintained by the Clean Energy Regulator in accordance with the Regulations, of the STCs that are available for transfer through the STC clearing house.

User means any individual nominated by account administrator(s) to access the password protected part of the REC Registry and/or the STC clearing house on behalf of the account owner.

Websites means the Clean Energy Regulator’s, Renewable Energy Target website http://cleanenergyregulator.gov.au and the REC Registry website http://rec-registry.gov.au.

2. Use of the account and the REC Registry

2.1 The account owner and each user are jointly and severally responsible for the use of the account and the REC Registry, including the creation of all STCs and LGCs, the transfer of all STCs and LGCs in and out of the REC Registry and surrendering certificates.

2.2 The account owner and each user must not use the account, or the wider REC Registry for any unlawful or improper purpose.

2.3 The account owner and each user agree to be jointly and severally liable for any damages caused or liability arising from any unlawful or improper use of the account or the REC Registry by the account owner or user.

2.4 The account owner and each user acknowledge that the operation of the STC clearing house is subject to the provisions of the Act and the Regulations, including the time when applications may be made, the time within which, and the manner by which, applications must be dealt with and the timing and methods of payments.

3. Responsibilities in relation to the Account and the REC Registry

3.1 The account owner and each user must not:

  a) disclose any passwords for the account to any other person, or

  b) allow, grant, permit or enable any person other than a user to use the account, the REC Registry.

3.2 The Clean Energy Regulator has no liability for the results of any unauthorised access to the REC Registry by a person using the account owner's or any user's username and/or password.

3.3 The account owner must immediately advise the Clean Energy Regulator on 1300 553 542 if:

  a) a user is no longer authorised to use the account, the REC Registry on the account owner's behalf

  b) there is any suspected or actual unauthorised use of a username and/or password, or

  c) there is any suspected or actual tampering with the security of the account, REC Registry or a password.

3.4 The Clean Energy Regulator will use reasonable endeavours to minimise data loss in the event of technical or system failure. However, the account owner is responsible for maintaining a complete record, independent of the REC Registry, of all relevant information.

3.5 Account administrator(s) have access to, and are responsible for, all administration functions in the REC Registry, and have the ability to provide other users with access to some or all functions of the account.

3.6 Buyers using the STC clearing house must be GST registered. Without limiting any obligations under clauses 9 and 10, Sellers on the STC clearing house do not have to be GST registered.

4. Warranties

4.1 The account owner and each user represents and warrants that:

  a) any information provided by the account owner or any user to the Clean Energy Regulator including through the account or the REC Registry, is true and correct and complies with the provisions of the Act and the Regulations;

  b) their use of the REC Registry complies with the provisions of the Act and the Regulations; and

  c) they will not use the REC Registry for any unlawful, fraudulent or improper purpose.

4.2 The account owner and each user acknowledge that giving false or misleading information is a serious offence.

4.3 The account owner represents and warrants that each user has full authority to access and use the account and the REC Registry on the account owner's behalf including to create, surrender and transfer STCs and LGCs in and out of the account, consistent with authority granted by an account administrator.

5. Disclaimer and limitation of liability

5.1 The account owner and each user acknowledge and agree to the following disclaimer and limitation of liability.

5.2 The Clean Energy Regulator will make reasonable efforts to ensure that information contained in the REC Registry is readily available and accurate. However, the use of the REC Registry is at the user's risk and the user should take all relevant precautions to protect against loss or damage arising from their use of the REC Registry. To the maximum extent permitted by law:

  a) the Clean Energy Regulator makes no representation and gives no warranty of any kind to users, whether express, implied, statutory or otherwise in respect to the availability, accuracy, completeness, currency, quality, reliability or fitness for purpose of the REC Registry,

  b) the Clean Energy Regulator's liability to a user for any loss, damage, cost or expense (whether direct or indirect) resulting from use of the REC Registry or any action taken or reliance made by a user on the REC Registry is entirely excluded.

6. Privacy

Personal information will be collected as part of the account creation and registration process. All information provided during the account creation and registration process will be handled in accordance with the Privacy Act 1988 (Cth). For more information, please refer to the privacy statement on the website (https://rec-registry.gov.au/rec-registry/app/public/privacy)

6.1 If the account owner is also a registered person, the account owner acknowledges and agrees to the publication of the account owner’s name and REC Registry registration number in the REC Registry which will be publicly available on the REC Registry.

6.2 The account owner acknowledges that the information about the STCs and LGCs may be provided to other government entities for reporting purposes in accordance with the Act and Regulations. This may include some personal information, including details of ownership of STCs and LGCs and who created them.

7. Agents

If the account owner is an Agent, the account owner and each user agrees that they will act lawfully and properly at all times in obtaining declarations from registered persons or owners of solar water heaters, air source heat pumps or small generation units as a registered agent on their behalf.

8. Fees

The account owner and each user acknowledge that any fees for the making of an application for registration of an account, accessing the clearing house, creating certificates, transferring certificates or surrendering certificates are not refundable.

9. Agreement for the purposes of Subdivision 153-B of the GST Act

9.1 If the account owner is registered for GST purposes and offers STCs for sale through the Clearing House:

  a) the account owner and the Clean Energy Regulator agree that for the purposes of Subdivision 153-B of the GST Act, the Clean Energy Regulator will act as intermediary for the account owner in relation to supplies of STCs made by the account owner to third parties through the Clearing House (Subdivision 153-B Arrangement)

  b) under the Subdivision 153-B Arrangement, the Clean Energy Regulator will be treated as making supplies of STCs to third parties through the Clearing House as intermediary on the account owner’s behalf (CER 153-B Supplies) and the account owner will be treated as making a corresponding supply to the Clean Energy Regulator (AO 153-B Supplies)

  c) the Clean Energy Regulator will issue to the third parties, in the Clean Energy Regulator’s own name, all tax invoices and adjustment notes relating to the CER 153-B Supplies, and the account owner will not issue to the third parties any tax invoices and adjustment notes relating to the CER 153-B Supplies

9.2 This clause 9 will cease to apply if the Clean Energy Regulator or the account owner cease to be registered for GST purposes.

10. Recipient Created Tax Invoices

10.1 The Clean Energy Regulator and the account owner agree that the Clean Energy Regulator will issue recipient created tax invoices (RCTIs) and adjustment notes in respect of AO 153-B Supplies made by the account owner to the Clean Energy Regulator for the purposes of the 153-B Arrangement and that the account owner will not issue tax invoices in respect of AO 153-B Supplies.

10.2 The Clean Energy Regulator will issue any RCTI for the purposes of clause 10.1 to the account owner within 28 days of the making, or determination of the value, of any relevant AO 153-B Supply and must retain a copy of the RCTI.

10.3 The Clean Energy Regulator will issue any adjustment note for purposes of clause 10.1 to the account owner within 28 days of the corresponding adjustment in respect of the adjustment note and must retain a copy of the adjustment note.

10.4 The Clean Energy Regulator acknowledges that any RCTI issued for the purposes of clause 10 will show the Australian Business Number of the account owner as supplier of the relevant AO 153-B Supply.

10.5 The account owner acknowledges that it is registered for GST purposes on the date these terms and conditions are agreed to, and that they will notify the Clean Energy Regulator if they cease to be registered for GST or if they have failed to comply with any of the requirements in a relevant determination made under subsection 29-70(3) of the GST Act in respect of the RCTI arrangement referred to in clause 10.1.

10.6 The Clean Energy Regulator acknowledges that it is registered for GST purposes on the date these terms and conditions are agreed to, and that it will notify the account owner if it ceases to be registered for GST or if they have failed to comply with any of the requirements in a relevant determination made under subsection 29-70(3) of the GST Act in respect of the RCTI arrangement referred to in clause 10.1.

10.7 The Clean Energy Regulator acknowledges that it will not issue a document that would otherwise be an RCTI in respect of the RCTI arrangement referred to in clause 10.1, on or after the date when the Clean Energy Regulator or the account owner has failed to comply with any of the requirements in a relevant determination made under subsection 29-70(3) of the GST Act in respect of the RCTI arrangement referred to in clause 10.1.

10.8 The RCTI arrangement referred to in clause 10.1 will cease to apply if the Clean Energy Regulator or the account owner cease to be registered for GST purposes.

11. GST

11.1 If GST is payable, or notionally payable, on a supply made under or in connection with these terms and conditions, the party providing the consideration for the supply must pay to the supplier an additional amount equal to the amount of GST payable on that supply (GST Amount).

11.2 Subject to the earlier receipt of a tax invoice, the GST Amount is payable at the same time as the GST-exclusive consideration for the supply, or the first part of the GST-exclusive consideration for the supply (as the case may be), is payable or is to be provided.

11.3 If an adjustment event arises for a supply made under or in connection with this agreement, the GST Amount must be recalculated to reflect that adjustment, the supplier or the recipient (as the case may be) must make any payments necessary to reflect the adjustment and the supplier must issue an adjustment note.

11.4 For the purposes of this clause 11, unless the contrary intention appears, any words and phrases which have a defined meaning in the GST Act have the same meaning when used in this clause 11.

12. Removal of STCs from the STC clearing house transfer list

Subject to the Act and the Regulations, the Clean Energy Regulator may remove a STC from the STC clearing house transfer list:

  a) if the STC has, for any reason, ceased to be valid

  b) if it is necessary to comply with a court order

  c) if the registered owner of the STC transfers the STC to another person other than in accordance with part 2A of the Act and does not provide the information requested by the Clean Energy Regulator in accordance with Act and Regulations

  d) if the registered owner of the STC requests the Clean Energy Regulator to remove the STC, or

  e) in other circumstances as set out in the Act or the Regulations.

13. Suspension or Termination

13.1 The Clean Energy Regulator may, by written notice, suspend or terminate the account if it believes on reasonable grounds that an account owner or any user has breached any of these terms and conditions or relevant provisions of the Act or Regulations.

13.1 The account owner acknowledges that the Clean Energy Regulator publicly publishes the name, registration number and period of suspension of the suspended account on the REC Registry.

14. General

14.1 Variations: These terms and conditions may change from time to time by unilateral decision of the Clean Energy Regulator. The terms and conditions that are current at any time are those applicable to account owners that are published by the Clean Energy Regulator at that time. By using the REC Registry, the account owner and each user agree in each case to be bound by the terms and conditions current as at that time.

14.2 Severability: A provision or part of a provision of these terms and conditions that is void or otherwise unenforceable may be severed and the remaining provisions or parts of the provisions continue in force.

14.3 Interpretation: A reference to any legislation or legislative provision includes any statutory modification, substitution or re-enactment of that legislation or legislative provision.

14.4 Applicable law: These terms and conditions are to be construed in accordance with, and any matter related to them is to be governed by, the law of the Australian Capital Territory. The parties submit to the jurisdiction of the courts of the Australian Capital Territory.