Clean Energy Regulator Regulations 2018

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2018L01623 Regulations In force Legislative Instrument

Legislation content

Clean Energy Regulator Regulations 2018

made under the

Clean Energy Regulator Act 2011

Compilation No. 3

Compilation date: 10 February 2026

Includes amendments: F2026L00093

About this compilation

This compilation

This is a compilation of the Clean Energy Regulator Regulations 2018 that shows the text of the law as amended and in force on 10 February 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Definitions

4A Prescribed functions of the Regulator

5 Disclosure to certain agencies, bodies and persons

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Clean Energy Regulator Regulations 2018.

3  Authority

  This instrument is made under the Clean Energy Regulator Act 2011.

4  Definitions

  In this instrument:

Act means the Clean Energy Regulator Act 2011.

smallscale technology certificate has the same meaning as in the Renewable Energy (Electricity) Act 2000.

4A  Prescribed functions of the Regulator

  For the purposes of paragraph 12(ba) of the Act, a function of the Regulator is purchasing and surrendering, or supporting the Department to purchase and surrender, smallscale technology certificates for the purposes of the program established by the Commonwealth and known as the Cheaper Home Batteries Program.

5  Disclosure to certain agencies, bodies and persons

Agencies and authorities of the Commonwealth

 (1) For the purposes of paragraph 49(1)(ub) of the Act, the following are prescribed:

 (a) the Commonwealth Scientific and Industrial Research Organisation;

 (b) the Commonwealth Bureau of Meteorology;

 (c) Geoscience Australia;

 (d) the MurrayDarling Basin Authority;

 (e) the National Offshore Petroleum Safety and Environmental Management Authority;

 (f) Safe Work Australia;

 (g) the Emissions Reduction Assurance Committee;

 (ga) the Australian Crime Commission;

 (h) any other agency or authority of the Commonwealth that deals with:

 (i) fair trading or consumer protection; or

 (ii) health, safety or emergencies.

State/Territory government bodies

 (2) For the purposes of paragraph 49(1)(w) of the Act, the following are prescribed:

 (a) NSW Fair Trading;

 (b) that part of the Department of Justice of New South Wales known as the Office of Emergency Management;

 (c) Energy Safe Victoria;

 (d) that part of the Department for Energy and Mining of South Australia known as the Office of the Technical Regulator;

 (e) any other State/Territory government body that deals with:

 (i) fair trading or consumer protection; or

 (ii) health, safety or emergencies.

International climate change body

 (3) For the purposes of paragraph 49(1)(x) of the Act, the Secretariat established under Article 8 of the Climate Change Convention is prescribed.

Professional disciplinary bodies

 (4) For the purposes of paragraph 49(1)(y) of the Act, the following are prescribed:

 (a) the Clean Energy Council Limited (ACN 127 102 443);

 (b) a scheme operator (within the meaning of Subdivision 2.3.4 of Division 2.3 of Part 2 of the Renewable Energy (Electricity) Regulations 2001) that is a body corporate.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Clean Energy Regulator Regulations 2018

28 Nov 2018 (F2018L01623)

29 Nov 2018 (s 2(1) item 1)

 

Clean Energy Regulator Amendment (Disclosure of Protected Information) Regulations 2021

17 Dec 2021 (F2021L01813)

sch 2: 1 July 2022 (s 2(1) item 3)
Remainder: 18 Dec 2021 (s 2(1) items 1, 2)

Renewable Energy Legislation Amendment (2026 Measures No. 1) Regulations 2026

9 Feb 2026 (F2026L00093)

sch 2: 10 Feb 2026 (s 2(1) item 3)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

am F2026L00093

s 4A....................

ad F2026L00093

s 5.....................

am F2021L01813

 

 

Overview

The Clean Energy Regulator Regulations 2018, made under the Clean Energy Regulator Act 2011, were introduced to provide a comprehensive regulatory framework for the Clean Energy Regulator, an entity established to administer the Renewable Energy Target and the Clean Energy Finance Corporation. The objective of these regulations is to ensure that the Regulator operates effectively and efficiently in fulfilling its prescribed functions, which include purchasing and surrendering small-scale technology certificates for the Cheaper Home Batteries Program. This regulatory instrument also addresses the disclosure of certain information to various agencies and bodies, both domestically and internationally, to support the broader objectives of the Clean Energy Regulator Act 2011. The regulations were enacted by the Parliament of Australia and were compiled with amendments up to 10 February 2026, providing a clear and updated legislative framework for the Regulator's operations.

Scope and Application

The Clean Energy Regulator Regulations 2018 are legislative instruments made under the Clean Energy Regulator Act 2011. They provide detailed rules and guidelines that supplement the overarching objectives and functions of the Clean Energy Regulator. The regulations apply to the Clean Energy Regulator, which has a range of functions including administering programs and schemes related to renewable energy, providing information and advice, and ensuring compliance with relevant legislation. These regulations define specific functions of the Regulator, such as the purchase and surrender of small-scale technology certificates for the Cheaper Home Batteries Program, and prescribe various entities and bodies that the Regulator must disclose information to, including Commonwealth and state/territory agencies, professional disciplinary bodies, and international climate change entities. The scope of the regulations is national, applying across Australia, and they are designed to ensure that the Regulator effectively carries out its functions in a manner consistent with the broader goals of the Clean Energy Regulator Act 2011. The regulations also include provisions for the disclosure of information to certain specified agencies and bodies, ensuring that the Regulator maintains transparency and collaboration with relevant stakeholders.

Key Provisions

The Clean Energy Regulator Regulations 2018, which are compiled as of 10 February 2026, set out the rules under which the Clean Energy Regulator operates, as provided for in the Clean Energy Regulator Act 2011. The regulations include definitions, prescribed functions of the Regulator, and disclosure requirements to certain agencies and bodies. Specifically, section 4 provides definitions for key terms such as "Act" and "small-scale technology certificate," while section 4A lists the prescribed functions of the Regulator, including the purchasing and surrendering of small-scale technology certificates for the Cheaper Home Batteries Program. These regulations impose specific obligations on the Clean Energy Regulator and the entities it governs. The Regulator is mandated to perform its functions as outlined in section 4A, including the acquisition and surrender of small-scale technology certificates. Additionally, the Regulator is required to disclose certain information to prescribed agencies and bodies, as detailed in section 5. These agencies and bodies include Commonwealth scientific and industrial research organisations, State and Territory government bodies dealing with fair trading, health, safety, or emergencies, and professional disciplinary bodies. Breach of these regulations can lead to various consequences. While the specific offences, penalties, or civil and criminal consequences for non-compliance are not detailed within the regulations themselves, any such breaches would likely be addressed under the Clean Energy Regulator Act 2011 or other relevant legislation. Given the regulatory nature of these provisions, penalties for non-compliance could potentially include fines, corrective actions, or other enforcement measures designed to ensure compliance with clean energy initiatives and regulatory standards.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.