Future Made in Australia (Guarantee of Origin) Rules 2025

Explanatory Statement

Issued by the authority of the Assistant Minister for Climate Change and Energy

Future Made in Australia (Guarantee of Origin) Act 2024

Future Made in Australia (Guarantee of Origin) Rules 2025

The Future Made in Australia (Guarantee of Origin) Act 2024 (Act) establishes the Guarantee of Origin (GO) scheme, a nationally consistent voluntary framework for emissions accounting of products and certification of renewable electricity.

Subsection 160(1) of the Act enables the Minister, by legislative instrument, to make rules prescribing matters required or permitted by the Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

This instrument makes the Future Made in Australia (Guarantee of Origin) Rules 2025 (Rules). The Rules establish the detailed statutory framework for the operation and administration of the GO scheme.

Under the GO scheme, participants can register and produce two types of certificates:

• Product GO (PGO) certificates - which allow producers, exporters, and consumers to prove where a product was made, and the emissions associated with its production, transport and storage. PGO certificates enable Australian producers of low-emissions products to make objective claims about their products’ embedded emissions.

• Renewable Electricity GO (REGO) certificates - which provide information on when, where, and how renewable electricity was produced, allowing users to make verifiable claims about renewable electricity use. REGO certificates provide a fit-for-purpose mechanism for businesses that voluntarily purchase certificates to support their Environmental, Social and Governance (ESG) reporting claims and other reporting and policy needs, ensuring there is an enduring mechanism to provide transparent and trusted information about renewable electricity in Australia.

The Rules support the operation of the Act by specifying the requirements and prescribed information relating to:

• persons registering to participate in the GO scheme, ongoing registration obligations and grounds for suspension or cancellation of registration;

• PGO certification including: the registration, correction, transfer, suspension and cancellation of scheme profiles; the creation, registration, correction and invalidation of PGO certificates, including how required information is added in sequence; and annual reconciliation checks and audits;

• REGO certification including: definitions of energy sources; application, registration and other administrative matters for renewable electricity facilities; and certificates;

• the establishment of a public register of certificates and scheme participants; and

• setting fees and other arrangements to support cost recovery.

Impact and Effect

The Department of Climate Change, Energy, the Environment and Water (department) prepared an Impact Analysis (IA) for the GO scheme, to which the Rules relates. The IA has been deemed adequate by the Office of Impact Analysis (OIA) and is available on the OIA website at: https://oia.pmc.gov.au/published-impact-analyses-and-reports/implementing-guarantee-origin-scheme.

The department consulted with OIA who confirmed the Rules are in scope of the IA prepared for the GO scheme, and that no additional analysis is required as the Rules do not propose any change in policy from what was included in the IA for the GO scheme (OBPR21-01354).

Consultation

The department has undertaken comprehensive and extensive consultation since 2020 to inform and shape the design of the GO scheme to ensure that it considers and reflects stakeholder needs. 13 papers have been released for public consultation between June 2021 and September 2025.

Industry, which includes peak associations representing; mining and resources, electricity and downstream natural gas, pipeline infrastructure, hydrogen, bioenergy, waste and resource recovery and financial markets, have been actively engaged in the development and design of GO scheme, including all enabling legislation, the Cost Recovery Implementation Statement and associated cost recovery arrangements.

In 2025, the department undertook three separate tranches of formal public consultation on exposure drafts of the Rules. Key consultation points on the Rules were:

• An exposure draft of Parts 1 to 4 of the Rules was released for a four-week public consultation period in February 2025. 41 submissions were received.

• Exposure drafts of the Rules, the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025 and the Future Made in Australia (Guarantee of Origin Charges) Regulation 2025, associated consultation papers, and a concept paper on energy storage systems were released for a four-week public consultation period in June 2025. 62 submissions were received.

• An exposure draft of specific provisions of the Rules relating to energy storage systems and First Nations attributes was released for a two-week public consultation period in September 2025.13 submissions were received.

Across all three consultation processes, the department received more than 116 written submissions, from a range of stakeholders, including state government, industry and peak industry bodies and individuals. Consultation meetings, industry briefings, online public information sessions were also held along with discussions with First Nations groups and representatives, and industry participants. Technical working groups with industry stakeholders were held on energy storage systems and first nations attributes in REGO.

The Rules have been developed with consideration of the feedback received.

Incorporation by Reference

Subsection 160(3) of the Act enables the Rules to incorporate other instruments by reference as in force or existing from time to time. Subsection 160(3) provides a contrary intention to the ordinary operation of section 14 of the Legislation Act 2003.

The Rules incorporate other written documents by reference as in force from time to time including:

• Australian Standards AS4708 and AS4707;
• National Electricity Rules; and
• Indigenous Procurement Policy, published by the Australian Government.

It is necessary for this incorporation to be from time to time because the obligations to comply with these documents are ongoing and subject to regular updating and modernisation. The GO scheme provides certification for industrial and scientific processes that are often subject to changing standards and practices.

The National Electricity Rules and Indigenous Procurement Policy are freely available online respectively through the Australian Energy Market Commission and Australian Government websites.

Australian Standards AS4707 and AS4708 were freely available online through timber industry websites, as at the time of making of this instrument. Otherwise, they are available for a cost from Standards Australia. These standards are technical documents only likely to be relevant to industry engaged in activities certified under the GO scheme and as such, businesses would be expected to already have, or easily access, a copy of these documents as part of conducting their normal business.

The Rules also incorporate other Commonwealth legislation such as the Future Made in Australia (Guarantee of Origin) Measurement Standard 2025 and the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025 by reference, as in force from time to time. The incorporated legislation is critical to the operation of PGO and REGO certification and work in tandem with the requirements under the Rules.  

Privacy

Certain provisions in the Rules require the collection, use and disclosure of personal information in connection with registration under the GO scheme, including:

• Sections 8 and 9 require applicants for registration to provide identifying information (such as name, address, contact details and identity documents) and, where relevant, declarations and evidence relating to “suitability events” (including criminal history). This information is necessary to establish and verify identity, to apply the fit and proper person test, and to maintain the integrity of the GO scheme. Collecting this information is proportionate to the regulatory objective of preventing impersonation, false claims and unsuitable persons from participating in the scheme.

• Section 13 requires registered persons to notify the Regulator if a suitability event occurs during the period of registration. Section 59 requires the Regulator to publish specified information about registered persons on the GO Register, including compliance history and where relevant, convictions or orders for contraventions of civil penalty provisions. These provisions ensure that registration remains appropriate over time and provide transparency to the public, which supports confidence in the scheme.

The personal information collected under these provisions includes “sensitive information” (such as criminal history), which may be collected because the collection is authorised by law for the purposes of the Privacy Act 1988. The Clean Energy Regulator (Regulator), as scheme administrator, will be responsible for the collection, use, disclosure and storage of personal information. The Regulator’s handling of this information will be subject to the Australian Privacy Principles in Schedule 1 to the Privacy Act 1988, the Privacy (Australian Government Agencies – Governance) APP Code 2017, and the Regulator’s established privacy and information-handling practices under other schemes it administers.

The Regulator will apply appropriate safeguards, including secure storage, restricted access to sensitive information, and publication of only the minimum information expressly required by law. Further information about the Regulator’s privacy policy and information collection processes is available on the Regulator’s website[1].

A Privacy Impact Threshold Assessment (PITA) specific to the GO scheme was completed by the Regulator in September 2022. A further PITA was undertaken by the department in June 2024, which confirmed that the Regulator’s approach to personal information handling for the GO scheme is consistent with its existing practices. Both assessments concluded that a separate Privacy Impact Assessment was not required, as existing documentation and processes provide appropriate mitigation of privacy risks.

Details/Other

Details of the Rules are set out in Attachment A.

The Rules are a legislative instrument for the purposes of the Legislation Act 2003.

The Rules will commence on either the start of the day after they are registered or immediately after the commencement of the Act, whichever is the later.

The Rules are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

GLOSSARY

In this Explanatory Statement, the following acronyms, abbreviations and terms are used:

Attachment A

Details of the Future Made in Australia (Guarantee of Origin) Rules 2025

Part 1—Preliminary

Section 1 – Name

1.              This section provides that the name of the instrument is the Future Made in Australia (Guarantee of Origin) Rules 2025 (Rules).

Section 2 – Commencement

1.              This section provides that the Rules commence on either the start of the day after the instrument is registered or immediately after the commencement of the Act, whichever is the later.  

Section 3 – Authority

1.              This section provides that the Rules are made under section 160 of the Act.

Section 4 – Definitions

1.              This section defines key terms used in the Rules. A number of expressions used in the Rules are defined in the Act and are therefore not reproduced or defined in the Rules.

Section 5 – Approved auditor—Act, s5, def approved auditor

1.              This section provides that a Category 2 auditor, who is a registered greenhouse and energy auditor, is prescribed as an “approved auditor”. “Category 2 auditor” has the same meaning as in the NGER Regulations.

Section 6 – Meaning of related scheme

1.              This section provides that in the Rules a scheme is a “related scheme” if it is established under a law of the Commonwealth, State or Territory, or receives funding from the Commonwealth, a State or Territory, and has an objective which corresponds, or substantially corresponds, to an objective of the Act.

1.              If a facility is subject to a related scheme, an application to register a production profiles (under section 16), a consumption profile (under section 20), an accredited power stations (under section 36), and other renewable electricity facility (under section 37) must include details of the related scheme. In addition, the Regulator should be notified when a facility begins or ceases to participate in a related scheme under section 44, and must also set out on the GO register whether a facility is subject to a related scheme under section 59 of the Rules.

1.              Requiring details of a facility’s participation in a related schemes will assist the Regulator in ensuring consistency between information reported under the GO scheme and other schemes to maintain scheme integrity and help to detect any possible non-compliance (e.g. by detecting where the same product has been claimed to be consumed by separate parties).

1.              Examples of related schemes for the purposes of the GO scheme include, but are not limited to:

• other schemes administered by the Regulator, including: the Renewable Energy Target (RET), the National Greenhouse and Energy Reporting (NGER) scheme, and the Australian Carbon Credit Unit scheme (ACCU);
• the GreenPower Scheme administered by the New South Wales Government;
• the Renewable Fuel Scheme established under the NSW Energy Security Safeguard and the NSW Hydrogen Strategy;
• the Australian Government’s Regional Hydrogen Hubs;
• the Australian Government’s Hydrogen Headstart program;
• the Australian Government’s Hydrogen Production Tax Incentive;
• the Australian Government’s Green Aluminium Production Credit;
• the Victorian Government’s Victorian Energy Upgrades program.

1.          This list of related schemes is not intended to be exhaustive. More schemes may be recognised as related schemes over time as they are developed and the GO scheme expands to include other products.

Part 2—Registration for the Act

Section 7 – Definitions – pt 2

1.          This section defines key terms used in Part 2 related to the provision of identity documents for the purposes of registration for the scheme.

Section 8 – Application for registration—Act, pars 12(2)(b) and (c)

1.          This section relates to the registration of persons, which is the entry point into the GO scheme and is the point of assessment of a person’s fitness to lawfully participate in the GO scheme. The approach taken to the registration of persons is intended to promote simplicity, while ensuring accurate and efficient collection of information. Information collected through the registration process will be the basis of the FPP test that must be satisfied before an applicant can be registered.

1.          Subsection 8(1) sets out the information that must be included in an application for registration. Information requirements differ depending on the applicant’s status as an individual, body corporate, corporation, body politic, local governing body or a trust.

1.          Paragraphs 8(2)(a) and (b) require an application to state whether a suitability event or a contravention of a First Nations cultural heritage law event have occurred in relation to the applicant or a person relevant to the application, and the details of such an event. “First Nations cultural heritage law” is a term defined in section 4 of the Rules to refer to a suite of laws – both Commonwealth and State or Territory laws specific to the cultural heritage of Aboriginal and Torres Strait Islander people or matters. “Suitability event” is defined in section 4 of the Rules to refer to an event related to any matter mentioned in the FPP test set out in subsection 24(2) of the Act.

1.          Registration applications will also need to state whether the applicant would be controlled by another person for the purpose of their participation in the GO scheme (paragraph 8(2)(c)).

1.          Subsection 8(3) defines the terms “private trust” and “registered cooperative” used in paragraphs 8(1)(j) and (k) respectively.

1.          This subsection also includes a note which provides that nothing in section 8 of the Rules affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, do not require a person to disclose spent convictions and require persons aware of such convictions to disregard them).

Section 9 – Identity evidence for application—Act, pars 12(2)(b) and (c)

1.          This section outlines the applicant-specific identity evidence requirements that must be included in an application for registration under section 12 of the Act. This provision enables the Regulator to confirm the applicant’s identity and prevents impersonation or false claims. Verified identity is essential to applying the FPP test, which is a key measure in maintaining the integrity of the scheme.

1.          The identity evidence requirements under subsection 9(1) differ depending on the applicant type and whether the applicant is an individual, a body corporate or a trust.

1.          Paragraph 9(2)(a) provides that an application is taken to be accompanied by identity evidence if the applicant provides certified copies of the identity evidence required in the table in subsection 9(2). This table differentiates evidence requirements depending on whether the applicant is a body corporate or a trust. Paragraph 9(2)(b) sets out the different identity evidence requirements for an individual.

1.          If identity evidence has already been provided by an applicant to the Regulator under a climate change law or a biodiversity law (within the meaning of the CER Act), section 151 of the Act provides that the person is taken to have given the information or document to the Regulator on a later occasion, if required to do so.

1.          Subsection 9(3) identifies the types of documents the Regulator will accept for the purposes of subparagraph 9(2)(b)(ii) (certified copies of documents). These documents fall into either Category A or Category B, and are outlined respectively in items 1 and 2 of Schedule 1 of these Rules.

1.          Subsection 9(4) identifies information for the purposes of subparagraph (2)(b)(iii) which relates to identity information for individuals. The information in this subsection may be given to the Regulator as identity evidence.

1.          Subsection 9(5) defines executive officer, of a body corporate, for the purposes of this section.

Section 10 – Form of documents for application—Act, pars 12(2)(b) and (c)

1.          Subsection 10(1) provides that a certified copy of a document provided by an applicant under section 9 of the Rules is a document certified to be a true copy of the original by the persons specified in paragraphs 10(1)(a) and (b). The document may be certified by those referred to in section 6 of the Statutory Declarations Regulations 2023 if the copy is to be certified in Australia, and only by certain officials in an Australian embassy or mission overseas if the document is to be certified in an overseas location.

1.          Subsection 10(2) provides that if the original document is not in English, then the application must be accompanied by a certified copy of the original document and an English translation that has been prepared and certified as a true copy of the original document by a translator who is certified or recognised by the National Accreditation Authority for Translators and Interpreters Ltd.

1.          This section ensures that the Regulator can trust the authenticity of copies provided by applicants, and to ensure that documents provided are current and appropriate.

Section 11 – Aboriginal persons or Torres Strait Islanders—Act, pars 12(2)(b) and (c)

1.          Section 11 provides an alternative means of proving identity for Aboriginal or Torres Strait Islander applicants where some or all conventional identity evidence is not available. Subsections 11(2) and (3) provide that the application must be accompanied by a reference from an authorised referee who verifies the individual’s identity and who may rely on records within their keeping or control.

1.          Subsection 11(4) defines “authorised referee” to include a range of trusted community leaders and professionals, subject to independence and familiarity requirements.

1.          The policy intent of section 11 is to ensure that Aboriginal and Torres Strait Islander applicants are not excluded from participation in the GO scheme due to barriers in accessing conventional forms of identity evidence, such as passports, driver licences or birth certificates. By providing a culturally appropriate and practical alternative through verification by an authorised referee, the rule promotes flexibility and equity of access to the scheme. At the same time, requiring referees to meet independence and standing criteria maintains the integrity and credibility of the framework. This approach reflects practices in other Commonwealth schemes and ensures both inclusivity and trust in the GO scheme.

Section 12 – Matters relating to registration—Act, par 15(3)(a)

1.          Section 12 provides that the Regulator must have regard to any contravention by the applicant of a First Nations cultural heritage law when deciding whether to register a person under subsection 15(1) of the Act.

1.          This section connects with the requirement in subsection 15(2) of the Act that the Regulator be satisfied that a person is an FPP before registering them. The FPP test includes a requirement to not have contravened any First Nations cultural heritage laws. This provision compels the Regulator to consider contraventions of these laws in deciding whether to register a person and serves the purpose of helping the Government achieve positive outcomes for First Nations stakeholders.

1.          Merits review is available for the Regulator’s decision under section 15(1) of the Act.

Section 13 – Notification circumstances—Act, par 17(a)

1.          Subsection 13(1) prescribes various circumstances and events which the “registered person” must notify the Regulator of after a person’s registration is in effect.

1.          This notification requirement will help the Regulator to ensure that any matters relevant to the registration or FPP status of a person are known to the Regulator as soon as practicable. It will also enable the Regulator to make informed decisions on the FPP status of persons and their continued suitability to be part of the GO scheme.

1.          Subsection 13(2) provides a definition of “registration information” for this section.

Section 14 – Suspension of registration—Act, par 18(1)(c)

1.          Paragraph 18(1)(c) of the Act enables the Regulator to suspend a person’s registration in the circumstances specified in the Rules. Section 14 of the Rules prescribes the circumstances in which the Regulator may suspend a person’s registration. Suspension of a person’s registration does not prevent the person from performing actions and making applications or requests required to resolve issues or errors that led to the suspension. Suspensions are a means to enable correction of non-compliance while limiting any further non-compliant activity.

1.          This section provides the Regulator with discretion to suspend a person’s registration if the Regulator reasonably believes a suitability event has occurred in relation to the person or a controlling entity, or if a project or operation in which they are involved is under investigation by the Regulator in relation to a suspected contravention of a climate change law.

1.          This section also enables the Regulator to suspend a person’s registration due to inactivity, or upon written request from the registered person. These provisions enable the Regulator to effectively manage some of the more administrative reasons for suspension of registration and ensures the GO Register can be properly maintained with respect to active participation.

1.          Before suspending a person’s registration, a person must be afforded natural justice under section 20 of the Act. A decision to suspend a person’s registration is also a reviewable decision under section 151 of the Act. As such, there are sufficient controls in place to ensure this level of discretion is properly and lawfully exercised.

Section 15 – Cancellation of registration – Act, par 19(c)

1.          Paragraph 19(1)(c) of the Act enables the Regulator to cancel a person’s registration in the circumstances specified in the Rules. Section 15 of the Rules prescribes the circumstances under which the Regulator may cancel a person’s registration. Unlike suspension, cancellation is a permanent compliance measure. It is intended for use where the Regulator determines that a registered person is unlikely to achieve future compliance with the GO scheme, or where non-compliance is repeated or sufficiently serious to undermine scheme integrity.

1.          Paragraph 15(1)(a) allows the Regulator to cancel a person’s registration if the Regulator reasonably believes a suitability event has occurred in relation to the person. As the circumstance relates to a suitability event, this paragraph enables the Regulator to consider an event that occurs in relation to a person, relating to any matter mentioned in the FPP test (see section 24 of the Act), in deciding to cancel that person’s registration. This measure ensures that serious contraventions of climate change laws may be considered grounds for cancellation on a case-by-case basis.

1.          Paragraph 15(1)(b) allows the Regulator to cancel a person’s registration if they reasonably believe the registered person has died.

1.          Paragraph 15(1)(c) allows the Regulator to cancel a person’s registration if they control another registered person, and that control results in a breach of the Act on the part of the other person. This is a means of addressing situations where a registered person is causing another registered person they control to operate in contravention of the GO scheme, or where the controlling registered person is obstructing another registered person from complying with the GO scheme.

1.          Subsection 15(2) allows the Regulator to cancel a person’s registration if the person fails to take an action stated in paragraph (c) within 12 months after the Regulator gives the person a notice under section 20 of the Act in relation to a proposed suspension of the person’s inactive registration. Inactive registration is defined in paragraph 14(c). This provision enables the Regulator to cancel a person’s registration if the person has not taken steps to rectify their inactive registration within 12 months of being notified.

1.          Before cancelling a person’s registration, a person must be afforded procedural fairness, by notification under section 20 of the Act. A decision to cancel a person’s registration is also a reviewable decision under section 152 of the Act. As such, there are sufficient controls in place to ensure this level of discretion is properly and lawfully exercised.

Part 3—Certification of products

Division 3.1 – PGO profiles

Section 16 – Production profile application—Act, pars 30(2)(j) and (4)(d)

1.          Section 16 deals with production profiles, which are a public record of a production process. They reflect a production pathway to make a product at a facility. The profile must capture all emission sources related to the production process that are required by the production pathway, as set out in a methodology determination or required by conditions. Production profiles are a means of streamlining reporting, as well as a key integrity measure, enabling the Regulator to assess how a product is made before certificates are created, and to target compliance activities and responses.

1.          Subsection 16(1) sets out additional information that makes up a production profile. This includes general information about the facility such as its maximum production capacity (sometimes referred to as nameplate capacity, noting the Rules contain a specific definition for this for the purposes of REGO certification) and the electricity network (also known as the electricity grid) it is connected to. It also includes specification of certain arrangements related to the facility, such as the facility’s receipt of Commonwealth grant or assistance, whether the facility is on land that is subject to an Aboriginal or Torres Strait Islander land rights law and details of any agreement under that law related to the facility. Additionally, the production profile needs to include information on whether the production facility, or part of it, is a NGER facility, a designated large facility, an ACCU generating project or an emissions-intensive trade-exposed (EITE) facility, as defined in section 4. This information is necessary to be included in the profile as it promotes transparency and assists with reporting that enables outcomes and funding under other Government schemes that are linked to the GO scheme, such as the Hydrogen Production Tax Incentive.

1.          Subsection 16(2) prescribes additional information that must be included in a production profile application. This includes evidence the applicant believes supports their application, additional details of the production process (e.g. schematics of the facility and its operation) which can help to ensure all material emissions have been considered, how the applicant will monitor, measure and report greenhouse gas emissions, details of any related scheme the facility is subject to, and details of any written agreement between the registered person and any other owner or operator of a part of the facility in relation to applying to register the profile and create certificates. This subsection helps ensure that the production profile is registered accurately, which is critical to ensuring PGO certificates can be registered promptly, accurately, and in high volumes as needed. It is intended that whenever metering or measurement approaches change, the profile holder updates their profile accordingly – that is, profiles should not be fixed to a point in time.

1.          The requirements under subsections 16(1) and (2) pertaining to related schemes are intended to provide transparency and visibility to enable outcomes for other government schemes that are linked to the GO scheme, such as Hydrogen Headstart.

Section 17 – Production profile registration—Act, pars 33(3)(a) and (5)(b)

1.          Section 17 deals with the registration of a production profile, the matters the Regulator must have regard to in making a registration decision, and conditions that may be applied to the registration.

1.          Paragraph 17(1) requires the Regulator to have regard to whether steps to produce a product are not minimum modules for the production pathway specified. This is a means of ensuring that all equipment and processes used in the production process are represented by minimum modules or optional module in that methodology determination or a conditional module required by a condition imposed on that profile. This helps to ensure that a production profile should not be registered unless the production pathway is appropriately represented by the nominated modules and these modules can accurately account the emissions of the production process.

1.          The Regulator would need to have regard to the above prescribed matters when considering whether they are satisfied the criteria set out in subsection 33(2) of the Act has been met, to register a production profile. It is expected that the Regulator will have regard to other matters the Regulator considers relevant as described in paragraph 33(3)(b) of the Act, which may include, among other things, considering the location of equipment and processes represented by modules. The decision to refuse to register a production profile under subsection 33(1) of the Act is a reviewable decision.

1.          The Act also provides that the Regulator may impose conditions on the registration of each type of profile (production, delivery and consumption). The Regulator may use conditions to require additional evidence about a production process (which may be new or novel) because there are compliance or accuracy concerns.

1.          Conditions prescribed in paragraphs 17(2)(a) and (b) are intended to be applied, in part, to require additional reporting of information when creating or registering certificates using a production profile. Conditions described in paragraphs 17(2)(c) and (d) are a means of specifying requirements related to audits. A condition under paragraph 17(2)(c) is intended to be applied to ensure the production profile is registered accurately before PGO certificates are registered using that profile information. A condition under paragraph 17(2)(d) is intended to provide clear expectations to a profile holder regarding their ongoing audit requirements following an instance of non-compliance.

Section 18 – Delivery profile application—Act, pars 34(2)(h) and (4)(d)

1.          Section 18 deals with delivery profiles, which contain information about activities associated with storing or moving product from a production gate to a delivery gate, including the methods and equipment used. Once registered, a delivery profile can be used to add post-production information for a transported quantity of product to a certificate.

1.          Subsection 18(1) prescribes further information that a delivery profile consists of, including details of the registered person of the delivery profile, and how the product is stored and transported. If the module involves the use of a facility, the delivery profile must state the location, and the electricity network to which the facility is connected, if any. If a delivery module involves the use of a facility located on land that is subject to an Aboriginal or Torres Strait Islander land rights law, the delivery profile must include a description of that law and details of any agreement under that law related to the facility; and if a delivery module is subject to an Indigenous land use agreement, a reference to that agreement.

1.          The Rules do not adopt a specific definition of the term ‘facility’ for the purposes of delivery profiles. This approach is to enable the framework to accommodate a diverse range of post-production scenarios relevant to different products as the scheme expands and other supply chains are incorporated. A facility for the purposes of a delivery profile may include, for example, where a product is being stored in a tank, the location of that tank and any equipment associated with the storage process or premises where it is located. Where a product is being loaded onto a ship, the facility may be the port where the product is loaded. Where a product is being transported by truck, the facility might be the depots where a product is loaded and unloaded.

1.          Subsection 18(2) requires an application to register a delivery profile to include evidence in support of the application, as well as details of how the product is transported or stored by each transport vehicle or storage apparatus (which may involve multiple facilities), details of the point of collection from the producer (production gate) and the point of delivery to the consumer of the product (delivery gate). The application must also detail any written agreement between the registered person and any other owner or operator of a part of any equipment specified in the profile in relation to applying to register the profile and adding information to PGO certificates as the holder of the profile. This information helps ensure that the delivery profile is registered accurately, supporting the GO scheme’s upfront reporting model and high-volume certificate creation. It will also assist the Regulator to determine whether a product could reasonably pass from the production gate to the delivery gate specified in the profile.

1.          Where a product enters a shared network, such as a gas pipeline network where multiple end consumers access the final product (see section 28 of the Act), this is intended to be a delivery gate for a product and further emissions or losses occurring within that network are not accounted using delivery profiles. This is to provide flexibility to consumers of products connected to shared networks and prevent double counting of any product losses accounted in other frameworks such as the NGER scheme.

Section 19 – Delivery profile registration—Act, pars 37(5)(a) and (6)

1.          Section 19 deals with the registration of a delivery profile and sets out matters the Regulator must have regard to in making a registration decision.

1.          Paragraph 19(1)(a) requires the Regulator to have regard to whether any change in quantity of the product from production gate to delivery gate can be measured in accordance with a relevant methodology determination applying to the product. This is to ensure any product losses can be accurately measured and accounted, where applicable.

1.          Depending on the product, the methodology determination may specify a formula or method for working out the quantity of that product that reaches a delivery gate (see subparagraph 29(4)(e)(i) of the Act). Through transport and storage of a product, there is the potential for loss of some of that product, depending on its characteristics. For example, for liquified hydrogen that is transported and loaded onto a maritime vessel some of that product may be lost due to boil off, as a result of evaporation, primarily due to heat leakage into the cryogenic tank. Specifying the appropriate formula or method to measure losses in the profile ensures that any loss of product that occurs between the production gate and delivery gate can be reliably accounted.

1.          Only losses up to the delivery gate are considered. Losses occurring beyond the delivery gate (e.g. once a gas is injected into a shared network) are not intended to be considered. This is to avoid duplication with other schemes that consider consumption emissions and losses within shared networks, such as NGER’s market-based Scope 1 accounting for biomethane and hydrogen.

1.          Paragraph 19(1)(b) requires the Regulator to have regard to whether any whether any method used to store or transport the product as the product passes from the production gate to the delivery gate is not a delivery module specified in the delivery profile. This paragraph is a means to ensure that the applicant is not undertaking additional processes in transporting or storing a product that may result in greenhouse gas emissions, and should otherwise be considered in a product’s delivered emissions intensity. This paragraph is not intended to require reporting of immaterial emissions sources. Instead, it is to ensure a complete reporting of all emissions that should contribute to the overall emissions intensity of the process.

1.          The Regulator may impose conditions prescribed by subsection 19(2), which include conditions for a delivery profile to report on the use of stated delivery modules or any other aspect of compliance with the Act, as well as conditions requiring the use of a stated component or process. The Regulator may use such conditions to require additional evidence about a delivery process (which may be new or novel) because there are compliance or accuracy concerns, or to require reporting on additional delivery processes within a supply chain.

Section 20 – Consumption profile application—Act, pars 38(2)(h) and (4)(d)

1.          Section 20 deals with consumption profiles, which will be used to report the end use of products on certificates. This includes details about a facility or facilities where a product is consumed. Profile information is different for consumption of products at a single facility compared to multiple facilities. The Rules do not adopt a specific definition of the term “facility” for the purposes of a consumption profile. This approach is to enable the framework to accommodate a diverse range of product consumption scenarios across various facility types, including conventional industrial settings to consumption in operations that are mobile or geographically dispersed while connected to a shared delivery gate and network.

1.          Subsection 20(1) prescribes that the name of the registered person also be included as part of a consumption profile. This applies to consumption profiles that relate to a single facility and multiple facilities.

1.          Subsections 20(2) and (3) prescribe information that must be included in a consumption profile application, differentiating the requirements between applications for a profile related to single facility versus one related to multiple facilities. Consumption profiles for multiple facilities are intended to be used when:

1.    a profile is being registered but the applicant has no facility where the product would be consumed as they are operating as an intermediary (e.g. a retailer); or

1.    there are multiple users connected to the same delivery gate (e.g. facilities on a gas network); or

1.    no single facility within that network is attributed as the consumer of the product i.e. it was not sold to one user specifically, but instead was sold as a product to a group of consumers. This could take the form of a retailer’s green gas supply arrangement to a group of households that are its customers; or

1.    it is not practicable to register separate profiles.

1.          An application to register a consumption profile relating to a single facility will require certain information distinct from an application for a consumption profile relating to multiple facilities. An application relating to a single facility will include information such as whether the facility is subject to a related scheme. Recording information pertaining to related schemes in this way is important for other accounting schemes that will reference GO profiles and certificates. As an example, the NGER scheme’s market-based accounting approach for renewable gasses will directly reference NGER facilities as users of products and listing this information on PGO certificates will allow for direct and efficient referencing between the two schemes.

1.          Key differences when applying for a consumption profile for multiple facilities is that an application must detail the relationship between the group of facilities and the applicant, the number of facilities and type of facilities. The application does not need to include the individual facility details, such as whether each facility is or is not an NGER facility, as that would be impractical to report. Similarly, where a consumption profile application relates to multiple facilities, it is not intended, as per sub paragraph 20(3)(a), that the movement of the product to each facility individually within the group be described. Instead, the application should describe how the groups of facilities are connected to the shared infrastructure and the delivery gate listed so the Regulator can be confident that the product could pass to the facilities.

Section 21 – Consumption profile registration—Act, pars 41(5)(a) and (6)

1.          Subsection 21(1) prescribes matters the Regulator must have regard to in order to register a consumption profile when the application is for a single facility. This includes considering whether the delivery gate is located at the facility, whether the product is capable of being moved from the delivery gate to the facility, and ultimately whether the facility can consume the product. Paragraph 21(1)(a) is intended to ensure that a delivery gate location is identified with respect of a facility so all material emissions related to delivery of a product can be accounted correctly.

1.          Subsection 21(2) prescribes matters the Regulator must have regard to in order to register a consumption profile when the application is for more than one consumption facility. The Regulator again must have regard to whether the product can move from the delivery gate to, in this case, each facility. Where the product is, for example, gas within a shared network, the Regulator may consider whether each facility is connected to the same shared network that the gas was injected into.

1.          Paragraph 21(2)(b) prescribes that the Regulator must also have regard to whether it is not reasonably practicable for the applicant to register a consumption profile for each facility that is detailed in the application either because of the number of facilities (where the applicant cannot reasonably be expected to provide information for all of the facilities) or the types of facilities (for example, where facilities are a mix of households and industrial and commercial facilities).

1.          Subsection 21(3) prescribes conditions that may be imposed by the Regulator on the registration of a consumption profile. Conditions are intended to ensure compliance with the GO scheme in that they clearly stipulate actions to be taken or information to be reported that are specific to that profile. Conditions are intended to help facilitate lawful participation and the types of conditions prescribed in this subsection provide clarity on expected actions and additional reporting on the part of the consumption profile holder.  

1.          The decision to refuse to register a consumption profile under subsection 41(1) of the Act, as well as decisions whether to impose or revoke profile registration conditions, are each reviewable under the Act.

Section 22 – Correction of profiles—Act, sub 42(5)

1.          Section 22 prescribes the circumstances in which the Regulator may correct a registered profile: if the Regulator become aware of an error in a registered profile, or for production profiles, where the profile holder applies to the Regulator to amend a production pathway and has given evidence that satisfies the Regulator that the amended production pathway is in accordance with a methodology determination.

1.          A decision to refuse to make a correction to a registered profile under section 42 of the Act is a reviewable decision (see section 152 of the Act).

Section 23 – Transfer of profiles—Act, sub 43(1)

1.          Subsection 23(1) provides that the Regulator may transfer a registered profile to a registered person (the profile receiver) on written application to the Regulator by the registered person, or on the Regulator’s own initiative. This provision is intended to facilitate the transfer of profiles to occur to reflect changes in ownership of the facility or equipment to which the profile relates thus enabling business continuity and preventing registered persons needing to re-register profiles with regard to the same facilities, and the recovery of profiles that would otherwise lead to stranded certificates. A decision by the Regulator to transfer a profile on its own initiative under paragraph 23(1)(b) is a reviewable decision under section 73 of the Rules.

1.          Subsections 23(2) and (3) provide that if a person applies to transfer a registered profile, the Regulator must decide whether to transfer the profile, and may request further information from the applicant, as required, in order to make this decision. If the applicant fails to comply with such a request, this is the ground to refuse to consider the application further. A decision made under paragraph 23(3)(b) to refuse an application to transfer a profile is a reviewable decision under section 73 of the Rules.

1.          Subsection 23(4) sets out the matters the Regulator must have regard to in deciding whether to transfer a profile. This list is not exhaustive as paragraph 23(4)(g) provides that the Regulator may consider any other matter the Regulator considers relevant when deciding whether to transfer a registered profile.

1.          Paragraph 23(4)(c) requires the Regulator to have regard to whether the profile being transferred would meet the relevant requirements to register that profile in the first place. This provision seeks to create efficiency with regard to profile transfer while ensuring integrity of the scheme is upheld. That is, this provision spares a prospective profile holder from the regulatory burden involved with registering a new profile from scratch but maintains the eligibility criteria to which the new profile registration would be subject, to ensure that the profile remains compliant. It also means that where production or delivery profiles are being transferred, and the previous holder owns or operates the facility the profile relates to, suitable agreements must be in place to enable the profile receiver to be the new holder of the profile. This is in addition to the requirement for the Regulator to have regard to the receiver having consented to the profile transfer in writing at paragraph 23(4)(f).

1.          The Regulator must also have regard to whether the profile to be transferred is suspended (paragraph 23(4)(d)). In this circumstance however, the Regulator may find that the transfer of the profile would resolve the compliance issue that led to the suspension and thus decide to transfer it. Paragraph 23(4)(e) requires the Regulator to have regard to whether there is an outstanding matter in relation to the profile. Paragraph 23(4)(f) requires the Regulator to consider whether the profile receiver has consented to the transfer in writing, and must also consider if the profile is suspended under section 18 of the Act (paragraph 23(4)(g)). These considerations are intended to help ensure that profiles are only transferred to registered persons who expect to receive them and that transfers are not a means to avoid compliance action.

1.          The term “outstanding matter” is defined, for the purposes of this section, at subsection 23(5), as any of a list of actions provided at paragraphs 23(5)(a) through (g). This ensures that statutory liabilities associated with an existing profile cannot be evaded by way of transfer to another registered person.

Section 24 – Profile suspension or cancellation—Act, sub 46(2)

1.          Section 24 provides grounds additional to those in the Act that may be used by the Regulator to suspend or cancel a profile.

1.          Paragraph 24(1)(a) enables the Regulator to suspend or cancel the registration of a profile if the Regulator becomes aware of matters that would cause it to refuse to register the profile. This ensures the Regulator take measures in response to information that comes to light in relation to a profile after it is registered.

1.          Paragraph 24(1)(b) enables the Regulator to suspend or cancel the registration of a profile if the Regulator reasonably believes that a suitability event has occurred in relation to the profile holder; or that they are no longer an FPP, which may result from matters related to associates or controlling persons. This ensures that a broad range of events and circumstances that arise in relation to a registered person’s fitness to participate in the GO scheme can be properly addressed and considered by the Regulator in maintaining their registration.

1.          Paragraph 24(1)(c) enables the Regulator to suspend or cancel the registration of a profile if it has refused to make a correction of a profile under section 42 of the Act. This may be where there are significant errors, and the Regulator may need to consider if suspending or cancelling the registration of a profile is appropriate or if other actions can be taken. Providing the Regulator with the power to suspend or cancel profiles in these circumstances helps to minimise the risk of further errors stemming from erroneous profiles.

1.          Paragraph 24(d) enables the Regulator to suspend or cancel the registration of a profile if the registered person has failed to comply with a notice under section 127(2) of the Act. This is intended to apply as a compliance response where the registered person who holds the profile does not undertake an audit as required by the Regulator.

Division 3.2 – Certification of products

Section 25 – Certificate content—Act, par 50(1)(l)

1.          Section 25 of the Rules specifies the information that must be included on PGO certificates upon creation, in addition to the information prescribed by the Act.

1.          Paragraphs 25(1)(a) and (b) provide that details of the facility, including the name and location, as well as details about the batch of product, including a unique identification code, must be included on a PGO certificate at creation. The provisions ensure clarity and granularity with respect to the batch of product being certified, especially in large operations that may operate across multiple locations, and enable effective linkages across datasets. Paragraph 25(1)(c) provides that the production emissions intensity for a batch must be specified on PGO certificates. This is an important value that captures emissions intensity of the product up to the production gate, excluding post-production emissions, which will be useful to consumers, markets, and other schemes. This value will be an emissions intensity value, so will relate to each functional unit of the product from that batch.

1.          Paragraph 25(1)(d) requires that information related to co-products also be stated where they reduce the emissions intensity for the product. The certificate must state what the co-product is and the reduction in emissions intensity as a direct result of producing that co-product. This provides transparency regarding the impact that the accounting of co-products has on the emissions intensity values for the product. This value will be an emissions intensity value, so will relate to each functional unit of the product from that batch.

1.          Paragraph 25(1)(e) requires that the PGO certificate state the total amount of electricity used in production (if any), as well as the renewable electricity percentage of the batch of product, which must be calculated in accordance with the formulas set out in subsections 25(2) and (3). Requiring this information to be calculated in accordance with prescribed formulas ensures consistency in reported renewable electricity use across each batch of certified product and production pathway.

1.          The renewable electricity percentage parameter for a batch of product is an important parameter for consumers, markets and other regulatory and incentive schemes as a means of differentiating products based on the renewable electricity used in the production of the batch.

1.          Paragraph 25(1)(f) requires that if the production pathway uses electricity generated from a renewable energy source, the certificate must state whether the electricity is from the same grid to which the facility is connected. This information will be important for demonstrating adherence to requirements of other schemes such as the Hydrogen Production Tax Incentive and certain other international schemes.

1.          Paragraph 25(1)(g) requires that a PGO certificate include any product-specific attribute for the product in accordance with Schedule 2 of these Rules. When new products and production pathways are incorporated into the scheme, attributes specific to these will similarly be prescribed in Schedule 2.

1.          As this section references the terms “co-product”, “co-product reduction in emissions intensity” and “production emissions intensity”, subsection 25(4) clarifies these have the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

1.          Subsection 25(2) prescribes the formula for calculating the total electricity used to produce the batch in kilowatt hours (TEb). It is comprised of the sum of three terms. RElocal,b representing the quantity of on-site renewable electricity use. Qelec,market,b represents the quantity of purchased or acquired electricity. Qelec,hol,b represents the quantity of on-site non-renewable electricity use. All terms are in kilowatt hours. The quantity TEb is used in the calculation of the renewable electricity percentage in subsection 25(3).

1.          Subsection 25(3) prescribes the formula for calculating the renewable electricity percentage of a batch. The equation constitutes the sum of all renewable electricity use in the numerator divided by the total electricity use in the denominator. In addition to the RElocal,b and Qelec,market,b terms discussed for subsection 25(2), there are two other terms. Qeligible,b is the quantity of purchased or acquired electricity after subtracting the portion assigned to the Renewable Power Percentage (RPP) and Jurisdictional Renewable Power Percentage (JRPP) of the grid from which the electricity was purchased or acquired. Qrec,b is the quantity of electricity in respect of which a Renewable Energy Certificate (REC) has been surrendered. TEb is the total electricity used to produce the batch, which is calculated according to subsection 25(2). All terms are in kilowatt hours. Since the numerator and denominator have the same unit, the resulting REPb is a percentage.

1.      The (Qelec,market,b – Qeligible,b) component of the equation in subsection 25(3) is a concise method of including the RPP component of purchased or acquired electricity without the need to include the additional terms outlined in subsection 15(3) of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Section 26 – Certificate post-production information—Act, par 55(3)(d)

1.      Subsection 26(1) prescribes post-production details that may be included on PGO certificates if the circumstances in section 55(1) of the Act are met. This information includes the post-production emissions intensity and the delivered emissions intensity for the transported product. It also includes the details of each delivery module, including a description of the module and the location of a facility (if any) related to the module, the name and location of the delivery gate, and the time the last of the batch of product reach the delivery gate.

1.      Paragraphs 26(1)(d) and (e) relate to the identification of any REGO or PGO certificates associated with renewable electricity or products used as part of the delivery process.

1.      Subsection 26(2) clarifies that the terms “delivered emissions intensity” and “post-production emissions intensity” have the same meaning as in the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025.

Division 3.3 – Registration of PGO certificates

Section 27 – Registration of certificates—Act, s 56(2)(b) and (9)

1.      Subsection 27(1) prescribes requirements that a request for registration of a PGO certificate made under subsection 56(1) of the Act must meet.

1.      Paragraph 27(1)(a) provides that if post-production information has not been added to every PGO certificate from the same batch, the request must include evidence to support an explanation as to why. This evidence might be required, for example, where the consumption location for a certified product is the same as the production facility, to explain that product was used at the same site or in the immediate vicinity of the production gate. This provision encourages registered persons to provide all pertinent information upfront as well as ensuring an evidence base is used to make registration decisions.

1.      Paragraph 27(1)(b) requires that the request must include details of any certificate of entitlement that has been issued in relation to a production module used to produce the batch of product. A certificate of entitlement is a certificate issued under the Carbon Credits (Carbon Farming Initiative) Act 2011 (subsection 27(3) refers). Where the production pathway involves equipment, processes, or inputs for which a certificate of entitlement has been issued, this must be detailed in the request to register the resulting PGO certificate. This requirement ensures transparency and prevents the use of carbon credits to offset or otherwise impact emissions reported on GO certificates.

1.      Subsection 27(2) prescribes matters that the Regulator must have regard to in deciding whether to register a PGO certificate.

1.      Paragraphs 27(2)(a) and (b) provide that the Regulator must have regard to whether the product reached the production gate on or after the day the production profile holder applied to register the profile; and whether the product to which the certificate relates has reached a delivery gate. This is to ensure that only delivered batches of products may be registered, and that producers cannot retrospectively certify products produced prior to their initial involvement in the scheme.

1.      Paragraph 27(2)(c) provides that if related PGO certificates were used in the production of the certified batch (subsections 51(2) and (3) of the Act refer), the Regulator must have regard to whether those certificates specify a single facility as consuming the product, as well as whether the related product was an input to the production of the new product for which registration is being sought. This is to ensure that inputs associated with PGO certificates accurately reflect the physical inputs of the process and associated emissions accounting has been undertaken correctly.

1.      Paragraph 27(2)(d) provides that if other related certificates that represent renewable electricity were used in the production of the certified batch (subsections 51(4) to (6) of the Act refer), the Regulator must have regard to whether the total amount of electricity represented by the other certificates accurately represents the electricity used in producing the product.

1.      Paragraph 27(2)(e) provides that the Regulator must have regard to whether a certificate of entitlement has been issued in respect of a project that involves an activity that is carried out as a production module, or part of a production module, in the production pathway for the product. As per the example provided, the Regulator may decide not the register PGO certificates in instances where certificates of entitlement were issued with respect of the production, as registering the certificate may result in misleading claims regarding the certificate of entitlement’s associated emissions abatement.

1.      Subsection 27(3) provides that the term “certificate of entitlement” and “project” in this section has the same meaning as in the CFI Act. An example is provided after this subsection to demonstrate the interaction between the two schemes and highlights a circumstance when a certificate of entitlement might impact the registration of a PGO certificate.

Section 28 – Addition of consumption information—Act, pars 59(2)(d), (3)(b) and (8)(a)

1.      Section 28 deals with requests to add consumption information to a registered PGO certificate.

1.      Subsection 28(1) provides that a request must include supporting evidence, including evidence relating to the consumption of the product at a facility, the nature of the consumption of the product and the matters mentioned in subsection 28(3).

1.      Subsection 28(2) provides that the request must include information relevant to the product under prescribed international regulatory schemes if the product is to be exported to a country where the apply these schemes apply. Currently, schemes under the European Union’s Renewable Energy Directives are prescribed. It is intended that other international schemes will be included here as they become relevant. By including this information as part of consumption information, registered persons are provided greater flexibility to only specify this information if they intend to export the product to the relevant jurisdiction, and as such the information is not intended to be required to be reported by registered persons who are consuming the product within Australia.

1.      Subsection 28(3) prescribes matters the Regulator must have regard to in deciding whether to add consumption information to a registered PGO certificate.

1.      Paragraphs 28(3)(a) and (b) require the Regulator to have regard to whether the product could reasonably pass from the delivery gate to the location at which the product is consumed; and whether the product is consumed at or after the time it reaches the delivery gate. These provisions support the sequential verification of each of the process steps detailed on the certificate. The Regulator must consider whether each of the process steps could have feasibly occurred as is detailed on the certificate.

1.      Paragraph 28(3)(c) provides that for any consumption information added under prescribed international regulatory schemes mentioned at subsection 28(2), the Regulator must have regard to whether including the information accurately represents the product and whether including the information is necessary for the purpose of compliance with that scheme. It is not intended that the Regulator is required to determine whether a registered person will be able to comply with a scheme more broadly (e.g. deciding that they are eligible or meet the scheme’s criteria), merely that any specific information as reported is necessary for compliance with the scheme and whether the information is accurate.

1.      Finally, paragraph 28(3)(d) prescribes that if the certificate specifies that a scheme-related certificate has been created in respect of the product— the Regulator must consider whether information on the related certificate conflicts with the certificate. As demonstrated in the example provided, this is to ensure that in situations where a product is certified under another framework, the certification does not result in double counting, claiming or misleading claims about a product.

1.      Subsection 28(4) defines the term “scheme-related certificate” in relation to a product for the purposes of this section.

Section 29 – PGO certificate activity statement—Act, par 60(3)(b)

1.      The Act provides that the Regulator must give a statement in writing that sets out all the information provided by the registered person during the previous financial year in relation to a PGO certificate activity. A list of PGO certificate activities is provided in subsection 60(2) of the Act. Paragraph 60(3)(b) provides that the statement must set out information prescribed by the Rules.

1.      Section 29 provides that a PGO certificate activity statement must set out PGO certificate activity information that was required by virtue of a condition on the profile, as well as any suitability events or circumstances the person notified the Regulator of in relation to the FPP test.

1.      Section 29 also provides that the statement must also set out any PGO certificate activity information reported by the previous holder of the profile if it was transferred during the financial year to the person completing the annual reconciliation check (ARC). This means the new profile holder will be able to obtain the certificate activity information for circumstances when the person who previously held a profile (and associated certificates) is no longer part of the GO scheme.

1.      This provision provides an opportunity for regular confirmation of compliance of profiles and a reminder of legal responsibilities to update information (e.g. ownership or operational changes). The information prescribed in this section needs to appear on PGO certificate activity statements so that registered persons have a clear account of the activities they are obligated to reconcile and make associated declarations on under section 61 of the Act.

Section 30 – Annual reconciliation check correction—Act, par 62(2)(a)

1.      Section 61 of the Act provides that a person must respond to a PGO certificate activity statement by making a declaration on the accuracy and completeness of the information. Where the declaration indicates there are inaccuracies in a registered PGO certificate or it is not complete, the Regulator must have regard to matters prescribed in the Rules in deciding whether to correct the certificate.

1.      Section 30 provides that the Regulator must have regard to whether the error and associated correction relates to compliance with the Act and if the type of error has been the subject of correction under a previous ARC. The intention is that in situations where a correction is a repeated error, or part of a broader pattern of non-compliance, the Regulator may decide not to correct the certificate and instead take other action such as invalidation through a separate process.

1.      This section supports the correction of profiles under section 42 of the Act. A decision by the Regulator to refuse to make a correction to a profile under section 42 of the Act is a reviewable decision (see section 152 of the Act).

Section 31 – Other corrections—pre-declaration day—Act, par 63(1)(b)

1.      Section 31 deals with corrections that can be made to registered PGO certificates outside of the ARC.

1.      Subsection 31(1) allows the Regulator to correct a PGO certificate in circumstances where the correction of one certificate, either as part of the ARC or otherwise, consequentially results in other certificates being no longer accurate. This would provide the Regulator with flexible powers to properly address errors that impact other reported information under the scheme.

1.      If a correction is made to a related certificate following an ARC, this subsection gives the Regulator discretion to make any required consequential corrections to downstream certificates. For example, a person makes an ARC declaration that emissions intensity information of a related certificate is incorrect, the correction is made, and this results in corrections needing to be made to the downstream certificate that identified the related certificate. This helps to ensure integrity of information where there are extended supply chains represented by certificates and any corrections flow through appropriately.

1.      Additionally, subsection 31(2) provides that the Regulator may also correct a PGO certificate if the Regulator becomes aware of an error in the certificate and is reasonably satisfied that the error is of a kind that the Regulator would correct under section 62 of the Act.

1.      Subsection 31(3) specifies who the Regulator must notify when it corrects a certificate outside of the ARC.

Section 32 – Invalidating incorrect certificates—Act, pars 65(1)(d) and (2)(a)
 

1.      Invalidation is intended to be a tool to ensure incorrect or incomplete PGO certificates can be removed from the GO Register as well as a tool to prevent or address non-compliance. It is intended that after the final declaration day and the Regulator has chosen to correct or not correct any errors that are identified through section 62 of the Act, further corrections are not undertaken, and registered certificates are instead invalidated. This is to ensure PGOs are a reliable record of important information, while being useful for markets and consumers by not being subject to indefinite change.

1.      Paragraph 32(1)(a) allows the Regulator to invalidate a certificate on written application by the current holder of the production profile responsible for the creation of the certificate. This type of application might be made, for example, due to a change of business arrangements where the product consumer no longer requires GO certification for the products it has produced. Under this provision, the production profile holder may choose to apply for invalidation, instead of completing and finalising the PGO certificate. This would not avoid the requirement for them to declare the accuracy of any reported information later during the ARC process. Nor would it prevent the Regulator from taking compliance action as needed if incorrect information was reported.

1.      Subsection 32(1)(b) provides circumstances by which the Regulator may invalidate a certificate on its own initiative, and any decision made to invalidate a certificate under this subsection is a reviewable decision under section 73 of the Rules.

1.      Subparagraph 32(1)(b)(i) allows the Regulator to invalidate a certificate under its own initiative if it becomes aware of an error in a certificate and the errors are not suitable for correction. This could occur because the Regulator considered correction under sections 61 or 62 of the Act was not appropriate.

1.      Subparagraph 32(1)(b)(ii) allows the Regulator to invalidate a certificate after the certificate has been registered for more than 12 months but where consumption information has not been added. The intention is to provide a mechanism for the Regulator to remove incomplete or out-of-date certificates from the GO Register, and to incentivise persons to add consumption information to certificates in a timely manner. It is not the intention that the Regulator immediately invalidate all certificates older than 12 months, as there are circumstances where the underlying product is not consumed within this period. This might occur, for example, in nascent industries where short-term demand for products doesn’t align to production rates, and the product can be reasonably stored for periods longer than 12 months. Instead, it is anticipated the mechanism may be used where the registered person who registered the certificate is no longer within the scheme and the Regulator expects that the certificates will never have consumption information added.

1.      Subsection 32(2) provides that if a person applies to invalidate a PGO certificate under paragraph 32(1)(a), the Regulator may require further information be provided, and if the applicant does not comply, the Regulator may refuse to consider the application further.

1.      Subsection 32(3) provides that the Regulator must either invalidate or refuse to invalidate a certificate following receipt of an application under paragraph 30(1)(a). A decision to refuse an application to invalidate a certificate under paragraph 32(3)(b) is a reviewable decision under section 73 of the Rules.

1.      The Regulator must give written notice to the holder of the production profile before invalidating a certificate under paragraph 32(1)(b). As part of this process, under subsections 32(4), (5) and (6), the Regulator must notify the holder of the production profile who registered the PGO certificate of its intent to invalidate the certificates, the grounds for the proposed invalidation and any relevant unique identification code. The notice must specify a period of no less than 14 days in the notice for the holder to provide a submission with further information that may be relevant to the decision. The Regulator must have regard to any additional information provided by the person as part of its decision-making process in accordance with subsection 32(7).

1.      Subsection 32(8) defines “consumption information” in this section to mean information that may be added to a registered PGO certificate under section 59 of the Act.

Part 4 – Certification of renewable electricity

Division 4.1 – Preliminary

Section 33 – Definitions—pt 4

1.      Section 33 provides additional definitions for the purposes of the Rules in Part 4 – Certification of renewable electricity.

1.      The term “AEMO” has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.

1.      The term “ecologically sustainable” is defined to mean an action consistent with the principles set out in (a)-(e). This is the same definition as is used under the REE Act.

1.      The term “hydro system” means:

1.    a pumped hydro energy storage system; or
2.    an electricity generation system that includes hydro as an eligible renewable energy source for the system.

1.      The term “interconnected hydro systems” defines that a hydro system and another hydro system are interconnected hydro systems if water flows:

1.    are shared between both systems; and
2.    may be diverted from one system to the other.

1.      The concept “interconnected hydro systems” defined here is intended to be consistent with the definition of “interconnected hydro-electric system” used under the Renewable Energy (Electricity) Regulations 2001 (REE Regulations). It takes the concepts relating to water and introduces “water flows” as a defined term to increase clarity and allow application of this term across the Rules. The definitions under both schemes are intended to be interpreted consistently.

1.      The term “network support and control ancillary services” has the same meaning as in the National Electricity Rules. These are accessible on the website of the AEMC: https://www.aemc.gov.au/regulation/energy-rules/national-electricity-rules

1.      The term “nominated person”, for an accredited power station, has the same meaning as in the REE Act.

1.      The term “water flows”, for a hydro system, includes:

1.    sources of water used by the system; and
2.    how water is stored for use in the system; and
3.    how the system uses water to generate electricity or store energy; and
4.    how water leaves the system.

Section 34 – Eligible renewable energy sources—Act, s 69

1.      Subsection 34(1) defines terms for the purposes of section 69 of the Act.

1.      A note at the start of this section provides that paragraph 69(2)(c) of the Act provides that biomass from a native forest is not an eligible renewable energy source.

1.      A second note provides that for subsection 69(1) of the Act, the definitions of “ocean”, “tide”, “wave” and “wind”: section 8 of the Act applies to extend the application of the Act to sources generating in the exclusive economic zone and the continental shelf. The operation of section 8 of the Act makes clear that facilities for, for example, offshore wind in Australia’s exclusive economic zone are eligible for registration and certification under the Act. This enables application to new and emerging project types such as offshore wind.

1.      The term “agricultural waste” means putrescible biomass waste produced during an agricultural operation.

1.      The term “biomass” means organic matter other than fossilised biomass. The definition includes examples of fossilised biomass: Coal, lignite.

1.      The term “biomass-based components of municipal solid waste”:

1.    means a biomass-based component of waste that is directly sourced from, or eligible to be disposed of in, landfill; but
2.    does not include a biomass-based component of waste:
   1.      from forestry; or
   2.   from broadacre land clearing for agriculture, silviculture and horticulture operations; or
   3. derived from fossil fuel

1.      The term “black liquor” means the mixture resulting from the chemical wood pulping process.

1.      The term “energy crops other than biomass from a native forest”: a biomass from a plantation is not an energy crop unless:

1.    the biomass is a product of a crop harvesting operation; and
2.    the land on which the plantation is located was not cleared of native vegetation after 31 December 1989 to establish the plantation; and
3.    the plantation is managed in accordance with:
   1.      a code of practice approved under the Export Control (Wood and Woodchips) Rules 2021; or
   2.   if a code of practice has not been approved under the rules mentioned in subparagraph (i):
      1.    Australian Standard AS 4708—The Australian Forestry Standard, as in force from time to time; and
      2.     Australian Standard AS 4707—Chain of Custody for Forest Products, as in force from time to time.

1.      The term “fossil fuels” means any of the following:

1.    coal, oil, natural gas or other petroleum-based products;
2.    products, by-products and wastes associated with, or produced from, extracting and processing coal, oil, natural gas or other petroleum-based products.

1.      The definition includes examples of fossil fuels: Condensate liquids, coal seam methane, coal mine methane.

1.      The term “hot dry rock” includes hot fractured rock.

1.      The term “landfill gas” means gas produced by the decomposition of organic matter in a landfill.

1.      The term “materials or waste products derived from fossil fuels” means any materials, or components of waste streams that:

1.    are made using, as raw materials, any material that is a fossil fuel for the Act; and
2.    are products or by-products of manufacturing operations, including plastics, tyres, disposable nappies, synthetic carpets and synthetic textiles.

1.      The term “native forest” means a local indigenous plant community:

1.    the dominant species of which are trees; and
2.    containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and
3.    including a forest with those characteristics that has been regenerated with human assistance following disturbance; and
4.    excluding a plantation of native species or previously logged native forest that has been regenerated with non-endemic native species.

1.      The term “sewage gas” means gas produced by the decomposition of domestic or commercial waste collected from a sewerage system and treated by a sewage treatment plant.

1.      The term “waste from processing of agricultural products” means biomass waste produced from processing an agricultural product.

1.      The term “wood waste” means:
   1.    biomass:
      1.      produced from non-native environmental weed species; and
      2.   harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; and
   2.    a manufactured wood product or a by-product from a manufacturing process; and
   3.    waste products from the construction of buildings or furniture, including timber off-cuts and timber from demolished buildings; and
   4.    sawmill residue.

1.      The definition includes examples of a manufactured wood product and wood by-product – stating that these terms may include packing case, pallet, recycled timber, engineered wood product (including one manufactured by binding wood strands, wood particles, wood fibres or wood veneers with adhesives to form a composite).

1.      Subsection 34(2) defines further terms for the purposes of section 34 of the Rules.

1.      The term “agricultural operation” includes livestock husbandry.

1.      The term “crop harvesting operation” means an operation that is:

1.    the harvesting, thinning or coppicing of a crop; and
2.    approved under a relevant Commonwealth, State or Territory planning and approval process.

1.      The term “landfill” is defined to mean a landfill or waste transfer station licensed by a State or Territory government body, or by a local government authority.

1.      The term “plantation” is defined to mean an intensively managed stand of trees of native or exotic species, created by the regular placement of seedlings or seed.

1.      The term “thinning” is defined to mean the selective removal of trees and branches from a forest during the growing stage and at harvest.

Section 35 – Direct supply relationship–Act, par 71(b)

1.      Section 71 of the Act provides that an energy storage system and an electricity generation system have a direct supply relationship if electricity is transferred to the energy storage system directly from the electricity generation system.  The energy storage system, electricity generation system and the transfer, must also meet requirements (if any) prescribed by the rules.

1.      Subsection 35(1) prescribes the requirements for an energy storage system in order for a direct supply relationship to be established. These are that:

1.    the energy storage system must receive renewable electricity directly from the electricity generation system;
2.    metering or measurement of electricity that enters the energy storage system must meet the requirements (if any) prescribed by a measurement standard applying to the energy storage system.

1.      Subsection 35(2) prescribes the requirements for an electricity generation system in order for a direct supply relationship to be established. These are that:

1.    the electricity generation system must supply eligible renewable electricity to the energy storage system;
2.    the electricity generation system must meet the requirements (if any) prescribed by a measurement standard that apply to the energy generation system.

1.      Subsection 35(3) prescribes the requirements for the transfer of electricity in order for a direct supply relationship to be established. These are that:

1.    The transfer between the electricity generation system and the energy storage system must be metered or measured in accordance with the requirements (if any) prescribed by an applicable measurement standard.
2.    The transfer must occur through a direct line from the electricity generation system to the energy storage system.

1.      The above subsections establish that in a direct supply relationship; there is a direct transfer of physical electricity from the electricity generation system to the energy storage system. Renewable electricity from the electricity generation system must enter the energy storage system and that electricity, as well as other electricity on the direct line, must be identifiable and metered or measured.

1.      Subsection 35(4) defines further terms for the purposes of section 35 of the Rules.

1.      The term “connection point meter”, in relation to a facility, is defined to mean:

1.    if the facility is in the national electricity market—the meter installed at a connection point (within the meaning of the National Electricity Rules) of the facility; or

in any other case—the meter installed at a point where electricity is transferred from the facility to an electricity network.

1.      The term “direct line” is defined as when the following requirements for electricity transfer between an electricity generation system and an energy storage system are met:

1.    the electricity generation system and the energy storage system are electrically connected; and
2.    the electricity transferred from the electricity generation system and the energy storage system does not pass through:
   1.      a connection point meter; or
   2.   another load.

1.      The principle of direct transfer and the direct line is integral to a direct supply relationship. The transfer of electricity must occur on a “direct line” between the electricity generation system and the energy storage system. It is not required that this line be exclusive to the electricity generation system and energy storage system, but the transfer between the electricity generation system and the energy storage system must be direct (unbroken), and the electricity transferred must be identifiable and measurable. If other loads are connected to the line or other electricity enters the line, the electricity entering or coming from those loads must be measurable in accordance with the Future Made in Australia (Guarantee of Origin) Measurement Standard 2025 in order for that electricity to be identified and not misrepresented or counted as directly supplied electricity.

1.      Having a direct supply relationship has implications for the creation and registration of certificates, as specific rules apply to these arrangements. The eligible registered person for an energy storage system would not need to retire certificates in respect of the electricity that meets the requirements that apply to directly supplied electricity. This is because the energy storage system is receiving renewable electricity directly.

1.      The term “eligible renewable electricity” is defined to mean electricity generated:

1.    using an eligible renewable energy source; and
2.    in accordance with the Act.

1.      The term “load” has the same meaning as in Part 3 of the Future Made in Australia (Guarantee of Origin) Measurement Standard 2025.

1.      The term “national electricity market” is defined to mean the interconnected electricity grids in the participating jurisdictions in the National Electricity Rules.

Division 4.2 – Renewable electricity facility registration

Section 36 – Accredited power station application—Act, par 74(3)(h)

1.      Under section 74 of the Act, a registered person may apply to the Regulator to register a facility that is an accredited power station. The Act stipulates that the application must be in the approved form and include all necessary information for evaluation.

1.      As the Regulator will already have information about an accredited power station, the registered person is required to provide information in its application to identify the accredited power station and any new information required to fulfil the policy intent of the Act.

1.      Paragraphs (a)-(h) specify additional information to be included in an application to register an accredited power station as a facility, to supplement information specified in section 74 of the Act. This will ensure that the Regulator has access to all relevant information required for registration decisions while maintaining transparency and accountability.

1.      The requirements at paragraphs (b) and (c) promote transparency in the registration process by formally recognising where renewable electricity facilities are located on land subject to native title or other Aboriginal or Torres Strait Islander land rights law.

1.      The requirement at paragraph (f) to identify an energy storage system if it is a component or components ensures that the Regulator can correctly assess the accredited power station for registration.

Section 37 – Other facility application—Act, pars 75(2)(b), (3)(h), (j) and (4)

1.      A registered person may apply to the Regulator, under section 75 of the Act, to register the following types of facilities:

1.    electricity generation systems that are not accredited power stations;
2.    energy storage systems; or
3.    aggregated systems.

1.      The Act stipulates that the application must be in the approved form and include all necessary information for evaluation.

1.      Section 37 specifies additional information required to be included in an application to register a facility other than an accredited power station, to supplement information specified in section 75 of the Act. Subsection 37(1) sets out the subsections that stipulate the application requirements for different types of systems.

1.      Subsection 37(2) sets out the information that is required to be provided in an application for registration for all facilities that are not accredited power stations.

1.      The requirements at paragraphs 37(2)(i) and (j) promote transparency in the registration process by formally recognising where renewable electricity facilities are located on land subject to native title or other Aboriginal or Torres Strait Islander land rights law.

1.      Subsection 37(3) sets out the information specific to energy storage systems that must be provided through an application for registration.

1.      Subsection 37(4) sets out the information that must be provided for an application for registration of an energy storage system that has a direct supply relationship with an electricity generation system.

1.      Subsection 37(5) sets out the information that must be provided for an application for registration of any hydro system. This includes both pumped hydro energy storage systems and electricity generation systems where at least one of their eligible renewable energy sources is hydro.

1.      Subsection 37(6) sets out the requirements for information that must be provided for an application for registration of a pumped hydro energy storage system.

1.      Subsection 37(7) sets out the information that must be provided for an application where small generation units form part of the facility. This is to enable the Regulator to identify the unit and prevent double counting of certificates for electricity generated by the unit.

1.      The information requested to be included for a facility application is largely consistent or comparable across facilities, but requirements have been split for certain facility types due to fundamental differences in technologies or operation. For example, as energy storage systems don’t generate renewable electricity – instead dispatching electricity from stored electricity or energy, there is additional information required such as electricity inputs and rated round-trip efficiency which impact how renewable electricity use and certificate eligibility is demonstrated.

1.      Specific requirements relating to hydro systems are also included as they can have operational characteristics of both electricity generation systems and energy storage systems and the renewable energy source could be shared between separate facilities. The additional information requirements are intended to ensure the Regulator has the relevant information for the components of a facility, including when components may be shared, and for demonstrating certificate eligibility.

Section 38 – Accredited power station registration—Act, s 78(3)(a) and (4)

1.      Under section 78 of the Act, the Regulator must decide whether to register a facility that is an accredited power station following an application under section 74 of the Act. The Regulator can only register the facility if satisfied that one of the criteria in subsection 78(2) is met. Subsection 78(3) provides that the Regulator must have regard to the matters prescribed in the rules and may have regard to any other matter the Regulator considers relevant when deciding whether to register the facility.  

1.      Subsection 38(1) prescribes the matters the Regulator must have regard to when determining whether to register a facility that is an accredited power station. As the facility has previously been assessed for accreditation under the REE Act, these matters are to ensure alignment between the two schemes as well as fulfil the policy intent and meet key requirements under the Act.

1.      Section 38(1)(a) requires consideration of the compliance history of the applicant and nominated person, if different from the applicant, by way of whether any suitability events have occurred. It is important to consider the compliance history of the applicant and the nominated person, if they are not the applicant, as they may both have influence and interactions with a facility registered under the Act.

1.      Section 38(1)(b) requires consideration of the consistency of information in the application with participation under the REE Act. This is to ensure that the information on the accredited power station meets the requirements under the Act.

1.      Section 38(1)(c) requires consideration relating to whether the accredited power station has a direct supply relationship in order to assess whether requirements are met.

1.      Section 38(1)(d) requires consideration of whether the accredited power station includes an energy storage system as a component of the power station and if the nameplate capacity of the energy storage system, or the combined capacity of the generation and storage components, is of a size that would reduce the credibility of claims about the generation of electricity. The size at which the credibility of a claim relating to generation is likely to be affected is for energy storage components with a combined generation and storage component capacity of more than 5 MW or greater than 1 MW for the nameplate storage power of the energy storage system. This is because generation at that capacity allows the station to create certificates that are intended to be separately certified under the Act. REGO provides for certificates to be created separately and specifically for storage and generation. The inclusion of accredited power stations ‘as is’ for registration in the Act is intended to reduce administrative burden on both the applicant and the Regulator and is not intended to supersede the objectives of the Act.

1.      Because of paragraph 38(1)(d), the Regulator must have regard to the accredited power station’s suitability for registration under the Act ‘as is’. The Regulator may consider that the power station is better registered as a separate electricity generation system and energy storage system, which is consistent with the Act’s intent. Alternatively, the applicant may choose to vary their accredited power station under the REE Act to remove the energy storage system component. The Regulator may also vary the power station’s components under the RET and allow registration of the accredited power station and energy storage system separately. This is important to maintain the credibility and accuracy of information recorded on REGO certificates as the Act intends to differentiate between generation and storage REGOs and the information recorded on each is unique. If the accredited power station is registered including the battery as is, the energy storage system may dispatch electricity outside of usual generation times for the electricity generation system component of the power station. A REGO certificate created at that time would indicate generation by the power station facility which would not align with the actual generation time. It could additionally attribute an eligible energy source to what should otherwise be a REGO from storage.

1.      Subsection 38(2) sets out the types of conditions that may be imposed on the registration of an accredited power station, in accordance with subsection 78(4) of the Act. Conditions for facilities that are accredited power stations are intended to ensure compliance with the scheme and currency of information for the facility. Conditions will clearly stipulate actions to be taken or information to be reported and will be specific to that facility.

1.      Conditions may require reporting in relation to the operation of the facility or any other aspect of compliance with the Act, or the use of specific components or processes. For example, facilities may be required to use a specific meter to measure electricity consumption for a component, or otherwise a process to calculate electricity losses or consumption if electricity consumption of a specific component is not feasible or possible.

1.      This section reflects the unique considerations required for accredited power stations, particularly the need for consistency between information on the facility under the Act and the REE Act. This consistency is essential to ensure streamlined registration while maintaining the integrity of this scheme.

Section 39 – Other facility registration—Act, s 79(2)(g), (4)(a)(i), (4)(a)(ii), (5) and (7)

1.      Under section 79 of the Act, the Regulator must decide whether to register a facility that is an electricity generation system following an application under section 75 of the Act. The Regulator can only register the facility if satisfied that all of the criteria in subsection 79(2) are met.

1.      Subsection 79(4) of the Act provides that the Regulator must also have regard to the guidelines and matters (if any) prescribed by the rules when deciding whether to register the facility. The following matters and guidelines detailed below are prescribed.

1.      Subsection 39(1) provides that in deciding to register a facility, the Regulator must have regard to whether a suitability event has occurred in relation to the applicant. In addition, the Regulator must have regard to considerations relating to whether the facility has a direct supply relationship.

1.      Subsection 39(2) provides that the Regulator must be satisfied that all components of a facility are integrated or interrelated and integral to the operation of the system and generation of electricity. A note to this subsection provides that in determining this, the Regulator must have regard to the guidelines set out in Schedule 3 (Electricity generation system—component guidelines) (see subparagraph 79(4)(a)(i) of the Act).

1.      Subsection 39(3) provides that the Regulator may prescribe a condition requiring reporting in relation to the operation of the facility or any other aspect of compliance with the Act, or a condition requiring the use of a stated component or process. This is in accordance with subsection 79(5) of the Act. Conditions for these facilities are intended to ensure compliance with the scheme and currency of information for the facility. Conditions will clearly stipulate actions to be taken or information to be reported and will be specific to that facility.

1.      Subsection 39(4) provides that if a component included in an accredited power station may be shared in accordance with subsection (6) or subsection (7), the restriction in subparagraph 79(2)(d)(i) of the Act does not apply to the facility.

1.      Subsection 39(5) provides that if a component included in a registered renewable electricity facility may be shared in accordance with subsection (6), the restriction in subparagraph 79(2)(d)(ii) of the Act does not apply to the facility.

1.      Subsection 39(6) provides that a component may be shared if the component is shared between facilities that are co-located or interconnected hydro systems and the component is a supplementary power supply, system infrastructure, a fuel processing or fuel delivery component, transmission and distribution infrastructure, a water management component or pumping equipment used by interconnected hydro systems.

1.      Subsection 39(7) provides that a component included in an accredited power station can be shared if the accredited power station includes a component that is an energy storage system, and the accredited power station is not a registered renewable electricity facility. This allows for accredited power stations that meet the requirements to have its relevant components registered separately under REGO as an electricity generation system and an energy storage system consistent with paragraph 38(1)(d).

Section 40 – Energy storage system registration – Act, s 80(2)(f), (4)(a) (ii), (5) and (7)

1.      Under section 80 of the Act, the Regulator must decide whether to register a facility that is an energy storage system following an application under section 75 of the Act. The Regulator can only register the facility if satisfied that all of the criteria in subsection 80(2) are met.

1.      Subsection 80(4) of the Act provides that the Regulator must also have regard to the guidelines and matters (if any) prescribed by the rules when deciding whether to register the facility. The following matters and guidelines are prescribed.

1.      Paragraph 40(1)(a) provides that in deciding to register a facility, the Regulator must have regard to whether a suitability event has occurred in relation to the applicant.

1.      Paragraph 40(1)(b) provides for the Regulator to have regard to certain requirements and information for the purposes of assessment of a direct supply relationship.

1.      Paragraph 80(2)(f) of the Act provides that the facility, including all of its components, must meet the requirements prescribed by the rules.

1.      Subsection 40(2) provides that the Regulator must be satisfied that all components of the facility are integrated or interrelated, as well as integral to the operation of the system and integral to either: storage of energy in the system, or the import, storage or export of electricity. A note to this subsection provides that in determining this, the Regulator must have regard to the guidelines prescribed in Schedule 4 (Energy storage system—component guidelines) (see subpar 80(4)(a)(i) of the Act).

1.      Subsection 80(5) of the Act provides that the Regulator may impose conditions on registration of a kind prescribed by the Rules. Subsection 40(3) prescribes conditions requiring reporting in relation to the operation of the facility or any other aspect of compliance, as well as conditions requiring the use of a stated component or process.

1.      Subsection 40(4) provides that subparagraph 80(2)(c)(i) of the Act does not apply to the facility if the component is included in an accredited power station, but may be shared with the energy storage system in accordance with subsection (6) or subsection (7).

1.      Subsection 40(5) provides that if each component included in a registered renewable electricity facility may be shared in accordance with subsection (6), subparagraph 80(2)(c)(ii) of the Act does not apply to the facility.

1.      Subsection 40(6) provides that a component may be shared if the component is shared between facilities that are either co-located and electrically connected, or interconnected hydro systems. In addition to this, the component must be one of the types of components mentioned in subparagraphs 40(6)(b)(i) – (vi).

1.      Subsection 40(7) provides that a component included in an accredited power station can be shared if the component is the energy storage system that the registered person applied to register, and the accredited power station is not a registered renewable electricity facility. This allows for accredited power stations that meet the requirements to have its relevant components registered separately under REGO as an electricity generation system and an energy storage system consistent with paragraph 38(1)(d).

Section 41 – Facility identification code

1.      Section 41 provides that if the Regulator registers a facility under section 78, 79, 80 or 81 of the Act, the Regulator must provide a unique identification code for the facility, and give the eligible registered person written notice of this facility identification code.

Section 42 – Change of eligible person—Act, s 82(3)(a)

1.      Under subsection 82(2) of the Act, the Regulator may determine that another registered person is the eligible registered person for a facility upon receiving a written application from the current eligible registered person. Under paragraph 82(3)(a) the Regulator must have regard to the matters prescribed by the Rules when deciding to make a determination under subsection 82(2).

1.      Section 42 prescribes the matters the Regulator must have regard to when considering if the prospective eligible registered person meets all regulatory requirements. It ensures continuity in regulatory oversight and compliance with scheme requirements.

1.      When assessing an application to change eligible registered persons, subsection 42(1) sets out what the Regulator must have regard to:

1.    the facility registration matters that the Regulator would have had regard to, had the new eligible person applied as the registered person to register the facility;
2.    whether any condition on the registration of the facility continues to be appropriate; and
3.    whether the Regulator is reasonably satisfied that there are written agreements in force to facilitate the transfer.

1.      Subsection 42(2) provides further information on what constitutes “facility registration matters” for the purposes of this section. The matters differ depending on the type of facility.

Section 43 – Creation and variation of record—Act, par 84(1)(b)

1.      Section 84 of the Act requires the Regulator to create and maintain a record for each registered renewable electricity facility, including its components and additional information as prescribed by the rules. Subsection 84(2) allows for the Regulator to make variations to the record to maintain accurate records.

1.      Subsection 43(1) prescribes information that must be included in the record of a registered facility (in addition to the facility’s components). These items are key details of a renewable electricity facility. In addition to components of the facility, these items are of a level of importance where a change to them may affect the eligibility of the registered facility and/or the calculation of the eligible amount. Accordingly, it is important that the Regulator can record this information and that the record is varied to ensure accurate calculations and integrity of certificates, maintain current and accurate records, ensure transparency and support regulatory oversight.

1.      For all facilities, this information is each energy source of the facility, the nameplate capacity of the facility and each electricity input for the facility. The Act requires that each of the components of the facility are recorded, and paragraph 43(1)(f) expands on this to include details of the owner and operator if they are not the eligible registered person.

1.      For a facility that is an energy storage system this includes the type of energy storage system, and if the system has a direct supply relationship, identifying information of the associated electricity generation system and each eligible renewable energy source it uses.

1.      For a facility that is a hydro system (whether or not it is an energy storage system or electricity generation system) these are water flows for the system, identifying details of any interconnected system, the difference in elevation between the water intake level for the system and the turbine outlet, and the reservoir size. These are important additional details in relation to the facilities components and fuel source that impact operations and certificate eligibility. They provide key information on the interaction between key components of a facility, interconnected facilities or availability of fuel sources that may not otherwise be recorded as they don’t relate to characteristics of a single component.

Section 44 – Notification of events—Act, par 85(2)(d)

1.      Subsection 85(1) of the Act requires the eligible registered person for a registered facility to notify the Regulator within 1 month if an event listed in subsection 85(2) occurs in relation to the facility.

1.      Section 44 prescribes additional events that would require notification, to keep the Regulator aware of material changes to the facility that could affect the eligibility of the facility, or the eligibility of certificate claims.

1.      Paragraph 44(1)(a) sets out notifiable events relating to a facility that is an electricity generation system. The intent of these requirements is that the Regulator can verify future and ongoing claims relating to the eligibility of the facility’s energy source or sources. Notification is required when a facility starts using an energy source that is not recorded or stops using a recorded energy source. The latter applies when a facility stops using a recorded energy source for more than 1 month for a reason other than periodic availability to that energy source. Not requiring notification for periodic availability to the energy source is intended to limit unnecessary notification by facilities that have known seasonal or intermittent generation profiles.

1.      Paragraph 44(1)(b) provides that for a facility that is a hydro system, the person must notify the Regulator of a change in water flows for the system.

1.      Paragraph 44(1)(c) provides a notification requirement for a facility that is an energy storage system that has added or removed a connection for the import of electricity.

1.      Paragraphs 44(1)(d) and (e) require the person to notify the Regulator if the facility begins or ceases participation in a related scheme. Notification where a facility begins participation in a related scheme is required to ensure that any potential double counting of certificates is considered for future REGO certificate claims. If a facility ceases participation in a related scheme, notification is required to ensure the Regulator is aware of any issues relevant to the facility’s ongoing participation in the GO scheme. Related scheme is defined at section 6 of the Rules.

1.      Paragraph 44(1)(f) requires notification in the event that a contravention of relevant Commonwealth, State, Territory or local government planning and approval requirements occurs in relation to the facility. The intent of this paragraph is to ensure the Regulator is kept abreast of any material factors which may affect the facility’s compliance or eligibility to participate in the scheme.

1.      Subsection 44(2) provides additional circumstances whereby the registered person must notify the Regulator. The circumstances relate to the person becoming aware of incomplete or inaccurate evidence that was given to the Regulator regarding a First Nations attribute.

1.      The policy intent of subsection 44(2) is to ensure the integrity and credibility of First Nations attributes recorded on GO certificates. This obligation supports transparency and accountability in the use of First Nations attributes, helps maintain trust in the certificate framework and provides additional protections for First Nations communities by preventing reliance on evidence that was inaccurate.

1.      Subsection 44(3) provides a definition for “recorded energy source” for this section to mean an energy source the facility uses to generate electricity and recorded as an energy source of the facility under paragraph 43(1)(a) of the Rules.

Section 45 – Suspension or cancellation of facility registration—Act, sub 88(2)

1.      Sections 86 and 87 of the Act provide the Regulator with the power to suspend or cancel the registration of a registered renewable electricity facility if any of the grounds in section 88 of the Act apply. Subsection 88(2) of the Act provides for the Rules to prescribe other grounds for suspension or cancellation.

1.      Section 45 prescribes other grounds for the suspension or cancellation of the registration of a facility. Paragraph 45(a) provides that section 88 of the Act applies where the person’s registration for the purposes of the Act is suspended or cancelled. This allows the Regulator to consider the relevance of the person’s registration being suspended or cancelled to the facility, and if needed taking action to suspend or cancel facility’s registration.

1.      Paragraph 45(b) provides that section 88 of the Act applies where the registered person failed to comply with a requirement to notify the Regulator of an event under subsection 85(1) of the Act, or a requirement to give further information in accordance with a notice issued under subsection 85(3) of the Act. This is to ensure ongoing eligibility of the facility and compliance with the Act and allows for the Regulator to take action if these requirements have not been met. The provision is intended to capture situations where the registered person consistently and repeatedly failed to notify the Regulator.

1.      The grounds for suspension or cancellation are the circumstances that must occur for the Regulator to decide to suspend or cancel a registration, but the Regulator is not compelled to suspend or cancel a registration in these circumstances.

1.      The purpose of this section is to maintain the integrity of the scheme by ensuring that facilities remain eligible and compliant, and that registered persons promptly inform the Regulator of any changes or events that may affect their compliance.

Division 4.3 – Eligible amounts – Act s 91

Section 46 – Prescribed time period—Act, par 91(2)(b)

1.      This section provides that a ‘time period’ for the purposes of subsection 91(2) of the Act can be a calendar day, a calendar month or a calendar year.

1.      Subsection 91(2) of the Act provides that a time period can be an hour, or another period of time as prescribed in the Rules. This is significant because the calculation of the ‘eligible amount’ of renewable electricity that can be certified with REGOs, is in relation to the amount of electricity for a ‘time period’.

1.      The four tiers of ‘time period’ (hour, day, month and year) that can be used for calculation of the eligible amount allow for the flexibility for different types of facilities and types of electricity generation/dispatch. Registered persons can select a time period that is best suited for their facility and other requirements or needs.

Section 47 – Eligible amount – Act, s 91(4)

1.      Subsection 91(4) of the Act specifies that the eligible amount for a facility and a time period is worked out in accordance with a formula or method prescribed by the Rules. Subsection 91(5) of the Act allows for the Rules to prescribe different formulas or methods for different kinds of facilities.

1.      Subsection 47(1) identifies the relevant sections to be used to calculate the eligible amount for different kinds of registered renewable electricity facilities. The approach for calculating the eligible amount has different steps and slightly different requirements depending on the kind or subtype of facility.

1.      Eligible amounts for electricity generation system facilities are to be calculated using the formula in section 48.

1.      For energy storage systems, REGO certificates can be created for the maximum eligible amount (worked out in accordance with section 49) provided it is demonstrably renewable electricity. Electricity can be demonstrated as being renewable for the purposes of creating REGOs from an energy storage system through electricity being directly supplied renewable electricity (meeting the applicable requirements set out in the Act and Rules), and/or through surrendering LGCs or retiring REGOs against electricity imported and stored by the facility.

1.      The rules for identifying how many certificates will need to be retired/how much direct supply electricity needs to be accounted for is set out at section 50. Both sections 49 and 50 are therefore used in most circumstances for energy storage systems. Where an energy storage system’s only electricity input is directly supplied renewable electricity, the facility is not required to surrender LGCs or retire REGOs. In these circumstances, the eligible amount is the maximum eligible amount calculated under section 49 of the Rules and section 50 does not apply.

1.      Subsection 47(2) provides that if a variable used in this Division 4.3 is covered by a measurement standard, the variable must be measured in accordance with the standard.

1.      Subsection 47(3) sets out the requirements for when subparagraph 47(1)(b)(i) applies to a registered renewable electricity generation system.

Section 48 – Eligible amount—electricity generation systems

1.      Subsection 91(4) of the Act specifies that the eligible amount for a facility and a time period is worked out in accordance with a formula or method prescribed by the rules. 

1.      Subsection 91(5) of the Act allows for the rules to prescribe different formulas or methods for different kinds of facilities.

1.      Section 48 prescribes the method used to determine the eligible amount for an electricity generation system for which the eligible registered person can create certificates in respect of. This method applies accredited power stations or electricity generation systems that are facilities.

1.      The eligible amount method in section 48 is based on the general formula in regulation 14 of the REE Regulations. It has been adapted to enable the calculation of eligible electricity over time periods other than a year and meet policy objectives for REGO. The principle of the eligible amount i.e. that it is for net generation with necessary adjustments aligns with the approach under the RET. Adjustments include subtracting transmission losses, FSL, directly supplied electricity and auxiliary losses from total generation. Auxiliary losses are subtracted by attributing them to periods of generation using an auxiliary factor. The electricity generation system is responsible for auxiliary losses associated with the generation of renewable electricity, and they are not passed over to the energy storage system through the direct supplied eligible electricity.

1.      Subsection 48(1) provides the formula to be used when calculating, in MWh, the eligible amount for an electricity generation system for a time period, the variable for which is EAt.

1.      The subsequent subsections explain different components of the formula, as well as providing methods for calculating the variables used in the formula to calculate EAt.

1.      Subsection 48(2) provides the formula for calculating the directly supplied eligible electricity for the time period, the variable for which is expressed as DSEEt. Directly supplied eligible electricity is the portion of electricity that is generated by the electricity generation system that is supplied to a registered energy storage system with which the electricity generation system has a direct supply relationship, which has had associated FSL removed in accordance with subsection 48(2).

1.      Direct supplied electricity, the variable for which is DSEt, is any electricity generated by the electricity generation system that is supplied to a registered energy storage system with which the electricity generation system has a direct supply relationship.

1.      Directly supplied electricity is required to be deducted from the eligible amount of the electricity generation system in line with section 97 of the Act to avoid double counting.

1.      FSL is the amount of electricity generated using anything other than an eligible renewable energy source in a manner that is ecologically sustainable, or for a purpose other than to meet the demand for electricity. For example, there may be a case where a renewable electricity facility generates electricity from eligible and ineligible sources together, such as a biomass facility that uses a mix of different energy sources. When this facility supplies electricity to an energy storage system, the electricity will in turn have a mix of eligible and ineligible electricity. It is important to distinguish between this eligible and ineligible electricity to ensure that certificates are not created by an energy storage system in respect of electricity that is not from an eligible renewable energy source. It also ensures that FSL is not double counted when removing it from the electricity generation system’s eligible amount. The term ‘FSL’ is a term which is a shortened version of ‘fossil fuel’.

1.      Subsection 48(3) provides a formula for calculating the auxiliary factor, the variable for which is expressed as AF in the formula in subsection 48(1).

1.      Transmission losses are the amount of electricity lost in the transmission network for the electricity that was transmitted from the facility. Subsection 48(4) provides that the transmission losses for the time period, the variable for which is expressed as TLt in the formula in subsection 48(1), are either nil if the marginal loss factor, expressed as MLF in the formula at subsection 48(1), is not determined for the electricity generation system, or to be calculated in accordance with the formula at paragraph 48(4)(b).

1.      Subsection 48(5) provides that the time period, the symbol for which is expressed as t in numerous variables in the formulas throughout this section, must be either an hour or a time period prescribed for paragraph 91(2)(b) of the Act. The time periods are a calendar day, calendar month or calendar year. The eligible amount is always calculated for a time period, and section 48 specifies how the time period relates to each variable.

1.      Subsection 48(6) provides a definition for “auxiliary loss” for electricity generation systems. The definition of auxiliary loss is intended to be similar to the definition in subregulation 3B(1) of the REE Regulations. Auxiliary losses should include any electricity used to operate (i.e. generate electricity) and maintain the system. However, it does not include electricity used for network support and control ancillary services.

Section 49 – Energy storage system maximum eligible amount

1.      Subsection 49(1) provides the formula to be used when calculating, in MWh, the maximum eligible amount for an energy storage system for a time period, the variable for which is MAXEAt.

1.      The subsequent subsections explain different components of the formula, as well as providing methods for calculating the variables used in the formula to calculate MAXEAt.

1.      Subsection 49(2) provides a formula for calculating the auxiliary factor, the variable for which is expressed as AF in the formula in subsection 49(1).

1.      Subsection 49(3) provides that the transmission losses for the time period, the variable for which is expressed as TLt in the formula in subsection 49(1), are either nil if the marginal loss factor, expressed as MLF in the formula at subsection 49(1), is not determined for the electricity generation system, or to be calculated in accordance with the formula at paragraph 49(3)(b).

1.      Transmission losses are the amount of electricity lost in the transmission network for the electricity that was transmitted from the facility, the variable for which is expressed as TLt in the formula in subsection 49(1). These losses were accounted for in the general formula in section 14 of the REE Regulations.

1.      Subsection 49(4) provides that the time period, the symbol for which is expressed as t in numerous variables in the formulas throughout this section, must be either an hour or a time period prescribed for paragraph 91(2)(b) of the Act, which includes a calendar day, calendar month or calendar year. The eligible amount is always calculated for a time period, and section 49 specifies how the time period relates to each variable.

1.      Subsection 49(5) provides a definition for the term “auxiliary loss” in this section, in relation to an energy storage system. The definition of auxiliary loss for an energy storage system differs to that for an electricity generation system as electricity imported to an energy storage system is not just electricity used in auxiliary loads. Auxiliary losses should include any electricity used for the system’s maintenance or operation, that can be separately metered or measured. However, it does not include electricity used or lost in the storage and discharge of electricity or energy or any electricity used for network support and control ancillary services. Electricity used or lost in the storage and discharge of electricity or energy are instead considered in the efficiency factor calculations set out in subsection 50(5).

1.      For energy storage systems, REGO certificates can be created for the maximum eligible amount worked out in accordance with the section 49 of the Rules provided it is demonstrably renewable electricity. Electricity can be demonstrated as being renewable for the purposes of creating REGOs from an energy storage system through electricity being directly supplied renewable electricity (meeting the applicable requirements set out in the Act and Rules), and/or through surrendering LGCs or retiring REGOs against other electricity imported and stored by the facility. The rules for identifying how many certificates will need to be retired/how much direct supply electricity needs to be accounted for is set out at section 50 of the Rules. Both section 49 and section 50 are used for most energy storage systems. Where an energy storage facility’s only electricity input is directly supplied renewable electricity, the facility is not required to surrender LGCs or retire REGOs. In these circumstances, the eligible amount is the maximum eligible amount calculated under section 49 of the Rules and section 50 does not apply.

Section 50 – Energy storage system—mixed charging sources

1.      Many energy storage systems will be importing some or all electricity from sources other than an electricity generation system which is wholly and directly supplying renewable electricity. Section 50 applies in these circumstances, when an energy storage system uses a combination of directly supplied electricity and electricity from other sources; or only uses electricity from other sources such as electricity sourced from an electricity network.

1.      For these energy storage systems, the eligible registered person must demonstrate that all electricity represented by the certificates is renewable. This can be done by surrendering LGCs, retiring REGOs and/or attributing directly supplied electricity in accordance with section 50.

1.      Paragraph 50(1)(a) provides that the time period, the symbol for which is expressed as t in numerous variables in the formulas throughout this section, must be the same time period used to calculate the maximum eligible amount in subsection (2). The maximum eligible amount in subsection (2) is calculated in accordance with section 49. The time periods should therefore match across variables in the formulas throughout both section 49 and this section.

1.      Paragraph 50(1)(b) provides that if the demonstrated renewable electricity is greater than the required renewable electricity in subsection (2), the demonstrated renewable electricity is taken to be equal to the required renewable electricity.

1.      Subsection 50(2) provides the formula to be used when calculating, in MWh, the eligible amount for an energy storage system for a time period, the variable for which is EAt. Key terms in relation to the formula are:

1.      MAXEAt is the maximum eligible amount for the time period, t, in megawatt hours, calculated in accordance with section 49.

1.      Demonstrated Renewable Electricityt is the demonstrated amount of renewable electricity for the time period, t, in megawatt hours calculated in accordance with subsection (3).

1.      Required Renewable Electricityt is the total amount of electricity that must be renewable for the time period, t, in megawatt hours, calculated in accordance with subsection (5).

1.      The subsequent subsections explain different components of the formula, as well as providing methods for calculating the variables used in the formula to calculate EAt.

1.      Subsection 50(3) provides a formula for calculating the Demonstrated Renewable Electricity for the time period, the variable for which is expressed as Demonstrated Renewable Electricityt in the formula in subsection 50(2).

1.      Demonstrated renewable electricity is the amount of electricity in the time period that has been demonstrated as renewable. This can be done by surrendering LGCs, retiring REGOs and/or allocating directly supplied electricity

1.      Subsection 50(4) provides the formula for calculating the directly supplied eligible electricity for the duration of time, the variable for which is expressed as DSEEs. Directly supplied eligible electricity is the portion of electricity that is generated by an electricity generation system with which the storage system has a direct supply relationship, supplied in the duration of time, which has had associated FSL removed in accordance with subsection 50(4).

1.      Direct supplied electricity, the variable for which is DSEs, is any electricity generated by an electricity generation system with which the storage system has a direct supply relationship, supplied in the duration of time.

1.      FSLs is the amount of electricity generated in the duration of time by an electricity generation system with which the storage system has a direct supply relationship, using anything other than an eligible renewable energy source in a manner that is ecologically sustainable, or for a purpose other than to meet the demand for electricity. It is important to distinguish between this eligible and ineligible electricity to ensure that certificates are not created by an energy storage system in respect of electricity that is not from an eligible renewable energy source. It is also intended to ensure that FSL is not double counted when removing it from the electricity generation system’s eligible amount. The term ‘FSL’ is a term which is a shortened version of ‘fossil fuel’.

1.      Subsection 50(5) provides a formula for calculating the Required Renewable Electricity for the time period, the variable for which is expressed as Required Renewable Electricityt in the formula in subsection 50(2).

1.      Required renewable electricity is the amount of electricity imported into an energy storage system associated with dispatch of electricity in a time period. The electricity taken in by the system for charging must be demonstrably renewable electricity in order to create REGOs from an energy storage system in respect of the electricity dispatch in the time period. This amount is found by dividing the dispatch in the time period by the applicable efficiency factor determined in accordance with subsection 50(6).

1.      Subsection 50(6) provides a formula for calculating the efficiency factor for the duration of time, the variable for which is expressed as EFs in the formula in subsection 50(5).

1.      The efficiency factor is the roundtrip efficiency of the energy storage system over a specified duration of time. The efficiency factor is the ratio of electricity out to electricity in with some allowable portions of electricity removed. Auxiliary losses already captured in the calculation of the maximum eligible amount are removed from the efficiency factor calculation to ensure that auxiliary losses are not double counted. Additionally, electricity used for network support and control ancillary services is excluded.

1.      Subsection 50(7) provides that the duration of time, the symbol for which is expressed as s in numerous variables in the formula presented in subsection 50(6), is determined based on the time period t that is used in this section. If the time period t is an hour or a calendar day, the duration of time s is taken to be the calendar month in which the hour or calendar day is located. In all other cases the duration of time s matches the time period t. is located. In all other cases the duration of time s matches the time period t.

1.      Subsection 50(8) provides a definition for the term “auxiliary loss” in this section, in relation to an energy storage system. This is the same definition as that used in subsection 49(5).

Section 51 – Certificates that are not below-baseline—Act, pars 93(1)(c) and 93(2)(c)

1.      Section 93 of the Act allows for facilities with legacy baselines to create below-baseline certificates for electricity that is generated before the baseline is crossed. These certificates will be below-baseline certificates. After the total amount of electricity generated by the facility for the year is equal to or greater than the facility’s legacy baseline, certificates will no longer be below-baseline certificates. Paragraphs 93(1)(c) and 93(2)(c) provide that certificates covered by the Rules are not below-baseline certificates.

1.      Subsection 51(1) prescribes circumstances where a certificate is covered by the Rules for the purposes of paragraph 93(1)(c) of the Act. It provides that a certificate is covered by the Rules if the certificate is created in respect of an eligible amount for a time period and the amount of renewable electricity generated for which the certificate is created would, had that time period elapsed, be covered by paragraph 93(1)(b) of the Act, at the start of the following time period.

1.      Subsection 51(2) prescribes circumstances where a certificate is covered by the Rules for the purposes of paragraph 93(2)(c) of the Act. It provides that a certificate is covered by the Rules if the certificate is created in respect of residual amount for a calendar month and the amount of renewable electricity generated for which the certificate is created would, had that calendar month elapsed, be covered by paragraph 93(2)(b) of the Act, at the start of the following calendar month.

1.      Subsection 51(3) provides that this section 51 applies even if the following time period falls outside of the calendar year or the following calendar month falls outside of the calendar year.

1.      Subsection 51(4) provides that “time period” in this section means the time period used for the purposes of calculating the eligible amount under subsection 91(4) of the Act.

Division 4.4 – REGO certificates

Section 52 – Certificate content—Act, s 94(1)(j) and (6)

1.      Section 94 of the Act sets out the content that will appear on REGO certificates, including specific provisions for different types of facilities. Under paragraph 94(1)(j) of the Act, the Rules may prescribe additional information that must be included on REGO certificates at the time of creation. Section 52 of the Rules prescribes the additional information to be included on REGO certificates. This information is intended to enhance transparency and support certificate purchasers and the wider public by enabling easier identification and navigation of key details relating to the certificate and the facility.

1.      Subsection 52(1) prescribes additional mandatory information that all registered renewable electricity facilities need to include on a certificate. This includes the location of the facility, including the state or territory the facility is located in. If a facility, for example an offshore wind farm, is not located within a state or territory – the global positioning system coordinates should be given as part of the location for that facility.

1.      Subsection 52(2) prescribes additional mandatory information for facilities that are energy storage systems. This additional information includes information about how the energy storage system is receiving electricity to provide transparency on that aspect of how the certificate was created because an energy storage system does not directly generate electricity from an eligible renewable energy source.

1.      Under subsection 94(6) of the Act, the rules may also provide for optional information to appear on a certificate. The inclusion of optional information allows entities who wish to do so to provide additional information that the market may value or reflects a beneficial aspect of the renewable electricity facility source or entity by adding extra attributes to the certificate.

1.      Subsection 52(3) provides that the REGO certificate may specify eligible renewable energy sources that relate to a surrendered LGC or retired REGO certificate that is surrendered or retired in respect of the creation of the REGO certificate. This information is optional to include on a certificate. This is intended to allow continued traceability of surrendered or retired certificate fuel sources if desired. This is not mandatory information.

1.      Subsection 52(4) allows a First Nations attribute to be included on a REGO certificate. A note indicates that an application to register a REGO certificate that includes a First Nations attribute requires evidence in relation to the attribute, and the Regulator may refuse to register the certificate if that information is not correct. Under paragraph 54(1)(d) of the rules, where an application to register a REGO certificate is for a certificate that includes a First Nations attribute, the application must include evidence in support of that attribute.

1.      This requirement safeguards the integrity of the framework, promotes accuracy and maintains trust with First Nations communities and the broader market, with the Regulator empowered to refuse registration where the evidence is incorrect. For example, an attribute based on consent should not be reapplied for if that consent has since been withdrawn. To reduce duplication, section 151 of the Act provides that information or documents already provided to the Regulator under a climate change law (including the Act and Rules) are taken to have been supplied again if required in subsequent applications. Together, these provisions strike a balance between administrative efficiency and the need to ensure that attributes remain accurate and enforceable.

Section 53 – Double counting—Act, subpars 99(1)(a)(ii) and (2)(a)(ii)

1.      Subsections 99(1) and (2) of the Act ensure that REGO certificates are not created for electricity that has already been accounted for under a different certification scheme, which would result in the same electricity being ‘double counted’. The Act identifies the certification scheme under the REE Act as a relevant scheme for this purpose and it allows the Rules to prescribe additional schemes that must also be considered.

1.      Section 53 of the Rules prescribes the International Renewable Energy Certificates (I-REC) scheme governed by the International Tracking Standard foundation (I-TRACK) as another relevant certification scheme. This means that REGO certificates must not be created for renewable electricity for which I-RECs have already been issued, in order to maintain the integrity of the REGO scheme and avoid double counting with another significant certification scheme.

Section 54 – REGO certificate registration—Act, pars 104(2)(c) and (7)(a)

1.      Paragraph 104(2)(c) of the Act provides that the Rules may prescribe information that must be included in an application for registration of REGO certificates.

1.      Subsection 54(1) of the Rules prescribes information that must be included in an application to register a REGO certificate. The intent of these requirements is to ensure that applications for the registration of REGO certificates contain sufficient and verifiable information to allow the Regulator to be satisfied that certificates are created in accordance with the Act and that the information stated on the certificates is accurate.

1.      Subsections 54(1)(a) and (b) require the application to include data collected for meeting the requirements in the applicable measurement standard. The measurement standard applicable to the facility may prescribe requirements relating to metering and measurement of electricity processed by, energy sources for, or inputs into a facility.

1.      The Future Made in Australia (Guarantee of Origin) Measurement Standard 2025 sets out requirements for the metering and measurement of a facility, including electricity flows which must be metered or measured, frequency of data collection, and attributes of the metering installation or measurement device that must be met, such as accuracy requirements. This information is used to verify the eligible amount of electricity for the facility and a time period and the number of certificates that may be registered.

1.      Paragraph 54(1)(c) requires the application to include any information required in accordance with a condition on the registration of the facility. This could include use of a stated component or process or reporting in relation to the operation of the facility or compliance with the Act.

1.      The policy intent of paragraph 54(1)(d) is to ensure that any application to register a GO certificate with a First Nations attribute is supported by evidence demonstrating the validity of the claim. Requiring evidence at the point of application for registration safeguards the integrity of the framework, supports accurate verification by the Regulator and provides assurance to market participants and First Nations communities that such certificates are credible and based on substantiated information.

1.      Paragraph 54(1)(e) requires the application to include any evidence in support of the application. This includes data that may be required to support the registration of certificates that is not covered by paragraphs 54(1)(a) or (b). It also includes any evidence necessary to demonstrate the eligibility of energy sources used in the facility to generate electricity, and any evidence necessary to apportion electricity where eligible renewable energy sources are used in addition to those which are not eligible. Operational logs or other evidence to support, for example, the correct attribution of electricity produced by a back-up generator may also be required to be provided in an application.

1.      Subsection 104(7) of the Act further provides that in deciding whether to register certificates, the Regulator must have regard to matters prescribed by the rules as well as any other matter the Regulator considers relevant.

1.      Subsection 54(2) of the Rules prescribes the list of matters that the Regulator must consider when deciding whether to register a certificate.

Section 55 – REGO certificate transfer—Act, pars 106(2)(c) and (4)(c)

1.      Subsection 55(1) provides that a request to transfer a REGO certificate to another registered person must include a written statement from the receiver that they have agreed to the transfer and evidence in support of the request. A written statement includes an electronic statement. If further evidence is not required in support of the request, then none need be provided.

1.      Subsection 55(2) provides that the Regulator must not transfer a REGO certificate in the listed prescribed circumstances.

1.      Paragraph 55(2)(a) is intended to prevent the transfer of certificates that cannot be retired due to being improperly created. This measure is intended to prevent the proliferation of improperly created certificates, which cannot be retired. Improperly created certificates are certificates that have not been created in accordance with the Act and should not be used to support claims of renewable electricity use.

1.      Paragraph 55(2)(b) is intended to prevent the transfer of certificates that cannot be retired. This is intended to prevent purchasers from buying or acquiring certificates that cannot be used to create Product GO certificates and should not be used to support voluntary claims to renewable electricity use.

1.      Paragraphs 55(2)(c) and (d) are intended to prevent attempts to circumvent restrictions imposed by the Act on suspended or cancelled registrations – for example, by transferring certificates to another account (‘safe housing’) before the enforcement of a suspension or cancellation.

1.      Subsection 55(3) provides that if the Regulator transfers a REGO certificate under section 106 of the Act, the certificate must state the other registered person as the registered owner of the certificate and the date the other registered owner became the registered owner of the certificate. This supports administration of the scheme by recognising the change in registered owner of a certificate and maintains transparency for certificate users and market participants.

Section 56 – REGO certificate retirement—Act, s 107(2)(b), (c)(iii) and (4)

1.      Section 107 of the Act outlines requirements relating to the retirement of REGO certificates. Paragraph 107(2)(b), subparagraph 107(2)(c)(iii) and subsection 107(4) provide that the Rules may prescribe additional requirements relating to certificate retirement.

1.      Subsection 56(1) prescribes additional information that must be included in a request to retire a REGO certificate.

1.      Paragraphs 56(1)(a) and (b) reflects the information required to be provided to support retirement of a certificates when the purpose of retirement is in relation to the creation of another certificate under this Act – that is a PGO certificate or the creation of a REGO certificate for a registered renewable electricity facility that is an energy storage system.

1.      Paragraph 56(1)(c) requires that, where a certificate is being retired on behalf of another person, written approval from that person must be included in the request. This requirement is consistent with subsection 55(1) of the Rules and is intended to ensure that a certificate is not retired on behalf of another party without their knowledge and consent.

1.      Subsection 56(2) prescribes circumstances whereby the Regulator must not retire a REGO certificate.

1.      Paragraphs 56(2)(a) and (b) provides that the Regulator must not retire a REGO certificate if it believes on reasonable grounds that the certificate has been improperly created or has given the registered owner of the certificate a notice of proposed suspension or cancellation under section 20 of the Act.

1.      Paragraphs 56(2)(c) and (d) prevent the retirement of certificates after a specified period has elapsed following the generation or dispatch of electricity: 18 months for REGO certificates that are below-baseline certificates and 36 months for REGO certificates that are not below-baseline certificates.

1.      Time limits on retirement of certificates are intended to enhance the credibility of the REGO scheme and support its anticipated use in voluntary Environmental, Social and Governance (ESG) reporting – for example, to substantiate corporate claims of renewable electricity consumption. They are also intended to be used in other reporting schemes such as the NGER scheme. The integrity of voluntary claims may be undermined if certificates are used to represent electricity consumption that occurred significantly later than the generation or dispatch of electricity.

1.      Subsection 56(3) provides that a REGO certificate must state that its status is "retired" if it has been retired by the Regulator under section 106 of the Act.

Section 57 – Below-baseline certificate retirement—Act, s 108(2)

1.      Section 108 of the Act allows the Rules to prescribe conditions that apply to the retirement of below-baseline certificates before 1 January 2031. Subsection 108(2) provides a list of possible conditions the rules may prescribe, however subsection 108(3) provides that this list is not exhaustive and does not limit the conditions that may be prescribed under paragraph 108(1)(b).

1.      Paragraph 57(1)(a) provides that the Regulator must not retire a below-baseline certificate unless the certificate is to be retired in respect of the creation of a PGO certificate.

1.      Paragraph 57(1)(b) provides that the Regulator must not retire a below-baseline certificate unless the person, for whose benefit the certificate is being retired, has been issued an EITE exemption certificate for the year in which the request is made and the EITE exemption certificate specifies or describes an amount of exemption greater than zero. Holders of exemption certificates that have a value of zero will be ineligible for retirement of below-baseline certificates. An exemption amount of zero means that the person who applied to receive an exemption certificate has been assessed as not correctly meeting the requirements for an EITE exemption by the Regulator.

1.      Paragraph 57(1)(c) provides that the Regulator must not retire a below-baseline certificate unless the eligible registered person for the facility that generated the electricity is the registered owner of the below-baseline certificate and applied to register the certificate, and the retirement is for the purposes of a registered renewable electricity facility (for which the registered owner is the eligible registered person) consuming electricity.

1.      ‘Consume’ or ‘consuming’ has not been defined in the Rules. It is intended that it be interpreted by the ordinary meaning of the word: that being ‘to expend by use; to use up’. On this basis, it is intended that consuming electricity does not include storing the electricity.

1.      The restrictions on the retirement of below-baseline certificates are a transitional measure that strike a balance between minimising risk to investment incentives in new renewable electricity projects, while recognising the certification needs of EITE industries and for the wider GO scheme. This is in line with the Act's objectives and particularly the objective at paragraph 3(d) of the Act.

1.      Subsection 57(2) provides that “EITE exemption certificate” in this section has the same meaning as in the REE Act.

Section 58 – REGO certificate correction—Act, s 110(3)

1.      Subsection 110(3) of the Act allows the Rules to prescribe additional circumstances in which a REGO certificate may be amended.

1.      Subsection 58(1) provides that the Regulator may amend a REGO certificate under this section if it was improperly created.

1.      Subsection 58(2) provides that, if the certificate was improperly created because of the inclusion of a First Nations attribute, the Regulator may remove the attribute. In any other case, the Regulator may indicate that the certificate has a status of ‘improperly created’.

Part 5—The GO Register

Section 59 – The GO Register—Act, s 113

1.      To support the requirement to maintain an up-to-date GO Register under section 112 of the Act, subsection 59(1) of the Rules requires the Regulator to also record any amendments made to the GO Register. This includes details of each amendment and the date it was made. The intent of this provision is to ensure that all changes to the GO Register are transparently documented and publicly accessible, supporting accountability and traceability over time.

1.      Section 113 of the Act allows for additional information requirements to be prescribed in the Rules for each category listed in the GO Register.

1.      Subsection 59(2) prescribes additional information requirements for the “Registered persons” category. This additional information helps to clearly identify the person who is registered and enables linkages to other registers and datasets through the unique numbers. Detailing any undertakings or other information about a person’s non-compliance increases transparency of the Regulator’s compliance and monitoring functions. The GO Register is intended to also link to additional supporting information where appropriate. For example, where enforceable undertakings exist, the GO Register may include links to the relevant documents published under subsection 145(5) of the Act.

1.      Subsection 59(3) prescribes additional information requirements for the “Registered profiles” category. All of the information that a registered profile consists of is required to be included on the register by virtue of paragraph 112(2)(b) of the GO Act. The additional information required to be published by the Regulator relating to profiles will provide contextual and compliance-related information of use to the public.

1.      Subsection 59(4) prescribes additional information requirements for the “Registered PGO certificates” category. PGO certificates include the production emissions intensity, calculated in accordance with the Determination. The production emissions intensity value on the PGO certificate will be an aggregation of Scope 1, 2 and 3 (i.e. direct, indirect, and upstream) emissions for a product at the point it leaves the production gate. The individual scope values will be from the perspective of the producer at the production gate i.e. the Scope 3 emissions will relate to upstream emissions sources, not post-production emissions. This subsection provides that the GO Register must also set out disaggregated emissions intensity values for constituent Scope 1, 2 and 3 components of the production emissions intensity value for each certificate. This more granular information can then be used to meet the needs of additional markets or users for instance where, for example, only Scope 1 information about a product is required.

1.      This subsection also provides that the register must set out the holder of the consumption profile authorised to add consumption information to the certificate for each registered PGO certificate. This will either be in cases where the Regulator has been notified of authorisation that has been given (as per section 57 of the Act) or transferred (as per section 58 of the Act). In cases where there is any doubt over this authorisation, the default position is for authorisation to rest with the registered person who created the certificate. This provision ensures visibility over the entity that has the power under section 57 of the Act to authorise others to add consumption information.

1.      Subsection 59(5) prescribes additional information requirements for the “Registered renewable electricity facilities” category. This subsection provides that the register must set out the facility name and identification code, whether the facility is on land subject to an Aboriginal or Torres Strait Islander land rights law and a reference to any agreement under that law, the unique identification code allocated to the facility under section 16 of the REE Act for accredited power stations, the technology used to generate or store electricity, the nameplate capacity, the location of the facility and its registration date. The GO Register must also provide the date and reason for cancellation or suspension of a facility if it has been suspended or cancelled, and the name of the related schemes to which the facility is subject, if any.

1.      Subsection 59(6) prescribes additional information requirements for the “Registered REGO certificates” category. This subsection provides that the GO Register must set out the certificate’s unique identification code, the date of registration, the facility name and type, the time period used to calculate the eligible amount of electricity, each eligible renewable energy source for the facility for electricity generation systems, each eligible renewable energy source for the electricity generation system if the facility is an energy storage system that has a direct supply relationship with an electricity generation system, whether it is a below-baseline certificate, whether it is ‘retired’ or ‘improperly created’ and if it is retired then the purpose of the retirement and on whose behalf it was retired, and whether the associated electricity created was exported from Australia.

Section 60 – Register amendment

1.      Subsection 60(1) provides that a registered person may apply to the Regulator to amend the GO Register in relation to the registered person, a renewable electricity facility for which the person holds a registration or a registered REGO certificate for which the person is the registered owner.

1.      Subsection 60(2) provides that applications must be submitted in writing, must describe the proposed amendment and must explain why the amendment should be made. Subsection 60(3) provides that the Regulator may either amend the GO Register or refuse a request for amendment. A refusal to amend the GO Register under paragraph 60(3)(b) is a reviewable decision under section 73 of the Rules. Under subsection 60(4), in deciding whether to amend the GO Register, the Regulator may have regard to any matter the Regulator considers relevant.

1.      Subsection 60(5) provides that the Regulator may by written notice require the applicant to give further information within a specified period. Despite subsection 60(3), subsection 60(6) provides that the Regulator is not required to decide the application and may cease considering the application if the applicant does not provide the required information within the specified period.

1.      PGO certificates and scheme profiles cannot be amended under this provision as these functions are covered under the GO Act. Registered PGO certificates may be corrected under sections 62 and 63 of the GO Act, associated with sections 30 and 31 of these Rules, respectively. Registered scheme profiles may be corrected under section 42 of the GO Act and section 22 of these Rules. A history of any such corrections, including amendments as described in this Part, are then reflected on the register as required by subsection 59(1).

Part 6—Cost recovery charges

Section 61 – Meaning of Charges Act – Part 6

1.      Section 61 defines the term “Charges Act” for the purposes of Part 6 of the Rules to mean the Future Made in Australia (Guarantee of Origin Charges) Act 2024 or a legislative instrument made under it.

Section 62 – Fee-bearing activities—Act, s 117(1), pars 118(a) and (c)

1.      Subsection 117(1) of the Act provides that the Rules may prescribe fees in relation to fee-bearing activities.

1.      Section 62 inserts two tables – tables 62A and 62B – specifying the different fee-bearing activities and the associated fee that a person who makes an application or request is liable to pay for that activity. This section also specifies that the person making the application or request is liable to pay the fee at the time it is made. The fees are set out in separate tables to distinguish those amounts that are subject to phase-in under section 62A and Schedule 6 (being fees prescribed for hydrogen production by electrolysis) from those that are not.

Section 63 – Annual charges—Act, s 118

1.      The Act defines “cost-recovery charge” as both a fee prescribed in the Rules made for the purposes of section 117 of the Act, and a charge imposed by the GO Charges Act. Charges imposed by the GO Charges Act are set out in the regulations made under that Act.

1.      Section 118 of the Act provides that the rules may prescribe requirements relating to the payment of cost-recovery charges.

1.      Subsection 63(1) provides that the holder of a registered profile for which a charge is imposed is liable to pay that charge, while the eligible registered person for a registered renewable electricity facility for which a charge is imposed is liable to pay that charge. Those persons liable to pay a charge must do so at a time stated in an invoice given under subsection 63(2), which also sets out the mandatory information that the invoice must include.

1.      Subsections 63(3) and (4) provide that the Regulator may, as a once-off measure, extend the time to pay a cost-recovery charge by no more than 30 days after the day stated in the invoice. This provision ensures the Regulator maintains some flexibility in debt management while providing registered persons certainty about the maximum payment period and number of extensions available.

1.      This section is not intended to limit the time by which the Regulator may accept payment. That is, if the due date has passed, the Regulator may still accept payment after the date on the invoice or payment statement while not being compelled to take any further action (section 121 of the Act). Under section 120 of the Act, unpaid cost-recovery charges may be recovered as a debt due to the Commonwealth.

Section 64 – Applications to remit cost-recovery charges—Act, par 122(3)(b)

1.      Subsection 122(2) of the Act provides that the Regulator may remit all or part of a cost-recovery charge amount, on its own initiative or on application by a person. An application made under subsection 122(2) must meet the requirements (if any) prescribed by the rules.  

1.      Section 64 prescribes the requirements that an application under subsection 122(2) must comply with. These requirements relate to the identity of the applicant, details of the charge sought to be remitted and circumstances justifying the remission.

1.      An application made under subsection 122(2) may be made by ‘a person’, not necessarily the registered person who is liable to pay the charge. As such it will be important for applicants who are not registered persons to clearly identify themselves and their relationship to the charge, as this may not be immediately clear. In practice, it is considered this will most likely apply to persons who were previously registered persons and are making an application regarding fees they incurred while they were registered.

1.      Requiring a person to justify the circumstances for the request (paragraph 64(e)) places the onus on the applicant to ensure the application contains sufficient information for the Regulator to understand how the applicant is affected by the charge and why it should be remitted.

Section 65 – Waiving charges—Act, s 123(1)(a)

1.      Paragraph 123(1)(a) of the Act enables the rules to provide for the Regulator to be permitted or required to waive a cost-recovery charge in specified circumstances.

1.      Subsection 65(1) provides that the Regulator may waive a cost-recovery charge if the person liable to pay for the charge is deceased, bankrupt, under liquidation or has entered administration. This is intended to cover circumstances applicable to both individuals and body corporates and provides the Regulator with additional options and flexibility on debt management and recovery arrangements.

Section 66 – Refunding charges—Act, par 123(1)(b)  

1.      Paragraph 123(1)(b) of the Act provides for the Rules to prescribe circumstances where the Regulator is required or permitted to refund or remit a cost-recovery charge in whole or in part. Section 66 provides that an overpaid cost-recovery charge must be refunded by the Regulator to the amount by which it was overpaid.

1.      Overpayment of cost-recovery charges may practically occur in several circumstances. For example, the Regulator’s Online Services platform will provide applicants with electronic payment methods to pay cost-recovery charges. This includes bank transfers which is a method susceptible to human typographical error. In these cases, the design of the Regulator’s online platform will arrange for the amount paid over the specified cost-recovery charge to be returned to the payer.         

Section 67 – Phasing-in charges for certain production pathways—Act, par 123(1)(b)

1.      The approval to fully cost recover the GO scheme included an agreement for phased cost recovery for certain PGO scheme participants to assist the competitiveness of nascent industries through to 2030-31. Section 67 provides for the phasing-in of certain cost-recovery charges, through remits that must be provided by the Regulator in accordance with eligibility requirements set out at Schedule 6 of the Rules.

1.      Subsection 67(1) provides that this section applies to a person who is liable to pay for a fee-bearing activity in Table 62B or a charge under the GO Charges Act imposed on the holder of a registered profile. Subsection 67(2) provides that if the person is eligible for remission under clause 1.1 of Schedule 6, then the Regulator must remit an amount of the fee or charge at or before the time the charge is due and payable.

1.      Subsection 67(3) provides that the amount of the fee or charge that must be remitted is the percentage of the charge specified in column 1 of an item in clause 2.1 of Schedule 6 if the charge is due and payable in the financial year beginning on the day specified in column 2 of the item. Subsection 67(4) provides that this section is repealed at the end of 30 June 2031. This reflects the approval for phased cost recovery through to 2030-31. 

Part 7—Audits

Section 68 – Compliance audit reimbursement—Act, par 126(2)(b)

1.      The Regulator may require a person to arrange a compliance audit to be undertaken under subsection 125(2) of the Act. If the criteria in subsection 126(1) of the Act are met (e.g. where a compliance audit report does not indicate evidence of non-compliance), the Regulator may reimburse that person for reasonable costs incurred in relation to the audit, if the person requests the Regulator to do so (paragraph 126(1)(d). Any such request must be in the form approved by the Regulator and meet the requirements prescribed by the Rules (subsection 126(2) of the Act).

1.      Section 68 prescribes the requirements for the purposes of paragraph 126(1)(d) of the Act. These requirements include the full name, contact details and bank account details of the person requesting the reinstatement and the GO audit number (paragraph 68(a)). The request must also include the information in paragraph 68(b). The purpose of this provision is to ensure that the Regulator can be reasonably satisfied that the compliance audit occurred as reported, and that no compliance issues were identified, before making a reimbursement decision.   

Section 69 – Scheduled audits—Act, par 127(1)(d)

1.      Subsection 127(2) of the Act enables the Regulator to require current or former registered persons to undertake scheduled audits if any of the circumstances in subsection 127(1) apply.

1.      The circumstance in paragraph 127(1)(d) is twofold: first, a person who is (or has been) the eligible registered person for a registered renewable electricity facility gives the Regulator a declaration under section 61 of the Act; and second, any circumstances prescribed by the rules apply.

1.      Section 69 prescribes the circumstances for the purposes of paragraph 127(1)(d) of the Act, including:

1.    the registered person receives a Commonwealth grant or assistance in relation to a renewable energy or product for which the person holds a registered profile (paragraph 69(a)). For example, this circumstance may be relevant where a person is receiving a production incentive that is contingent on more frequent audits than is otherwise necessary under the GO Scheme.

1.    the registered profile includes a condition that requires the holder to undertake regular audits to ensure ongoing compliance (paragraph 69(b)). This circumstance could be, for example, where the Regulator required a compliance audit because the registered person incorrectly reported about the provenance of certain feedstocks, and the Regulator now believes ongoing non-compliance is possible. The condition would then specify that annual audits are required. Once the Regulator was satisfied of the registered person’s compliance the condition would be lifted. This approach allows for greater transparency about audit patterns and expectations for registered persons as they return to compliance, rather than the regulator deciding each year whether or not a compliance or other audit is required.

1.      If the person has given the Regulator a section 61 declaration and any of these circumstances apply, the Regulator may require the person to arrange a scheduled audit.

Section 70 – Secrecy—protected audit information—Act, subpar 133(2)(b)(ii)

1.      Subsection 133(1) of the Act provides that a person (who is, or has been, an audit team leader or a person assisting an audit team leader) will be liable to a civil penalty where they disclose or use protected audit information that they obtained.

1.      Subparagraph 133(2)(b)(ii) of the Act provides that the person is exempt from the civil penalty provision where the disclosure or use of the information is authorised or required by a law of a State or Territory prescribed by the rules.  

1.      Section 70 prescribes the legislation of States and Territories under which disclosure or use of protected audit information is exempted, if the relevant law authorises or requires such disclosure or use. Each prescribed piece of legislation relates to work health and safety measures in each jurisdiction. These exceptions ensure that obligations of confidentiality under the GO scheme do not prevent an audit team leader from taking necessary action to support compliance with work health and safety requirements.

Section 71– Use and disclosure of audit information—Act, subs 136(1) and (2)

1.      Section 136 of the Act provides that an audit team leader or a person assisting an audit team leader may use or disclose information if the use or disclosure is for a purpose prescribed by the rules and the use or disclosure complies with any conditions prescribed by the rules. Subsection 136(3) of the Act requires the rules to specify the legislative powers of the Parliament in respect of which rules for the purposes of section 136 of the Act are made.

1.      Subsection 71(1) prescribes uses and disclosures of audit information for the purposes of paragraphs 136(1) and (2) of the Act. These provisions are necessary to balance the confidentiality of audit information with broader public interest considerations. They provide safeguards to protect confidentiality of audit information while ensuring that audit team leaders are not unduly restricted in situations where disclosure is required by law, has been consented to, or is necessary to prevent serious harm.

1.      Subsection 71(2) specifies powers of Parliament under the Constitution for the purposes of subsection 136(3) of the Act. This approach has been taken in recognition of the potential legal sensitivities particular to the handling of protected audit information. The disclosure of protected information generally, and audit information in particular, can have significant implications for the rights of individuals and organisations, especially in relation to privacy, commercial confidentiality, and legal privilege.

1.      Specifying the constitutional basis, or head of power, to make these provisions provides legal safeguards ensuring that the disclosure of protected information is firmly grounded in valid constitutional authority. Explicitly identifying the constitutional head of power for these Rules in this way also promotes transparency and provides legal certainty regarding the constitutional foundation for provisions that permit disclosure.

Part 8—Other matters

Section 72 – Record keeping—Act, sub 150(1)

1.      Division 2 of Part 9 of the Act provides that current and former registered persons must keep records of the kind, for the period and in the form prescribed by the Rules.

1.      Subsection 72(1) of the Rules prescribes the kind of records persons must keep for the purposes of section 150 of the Act. The intent of paragraph 72(1)(a) is to clarify that not only information that is reported to the regulator constitutes a record, but also, among other things, any information collected and used to work out certain PGO certificate information in accordance with a methodology determination.

1.      Such records might include but are not limited to the following:

1.    Records that relate to the production pathway such as technical specifications of production modules and how these interact including schematics and diagrams;

1.    Technical records and evidence related to production emissions sources such as metering and monitoring equipment readings, capacity of synthetic gas storage and intermediate storage tanks, co-product sales, quantity of feedstocks and inputs;

1.    Records related to delivery and storage modules such as metering and monitoring equipment readings, vehicle logbooks, technical schematics of storage vessels, quantity of product consumed in the module, quantity of fuels and other relevant inputs;

1.    Records relating to electricity, such as renewable electricity certificate surrender (defined in section 12 of the Determination), claims against an exemption under the REE Act, eligible renewable energy sources, e.g. records that demonstrate the source and eligibility of ‘biomass’;

1.    Records regarding conditions applied to profiles either at registration or at a later date. This would include any records related to additional information required to be reported to the Regulator as a subject of that condition;

1.     Correspondence between the registered person and the Regulator that is relevant to a profile or facility.

1.      Subsection 72(2) prescribes that records must be kept for a period of seven years from the date they are obtained or prepared. This requirement is intended, in part, to ensure that records relevant to scheduled audits, planned to occur on every fifth anniversary of an annual reconciliation check, are retained. The seven-year retention period has been chosen to ensure that critical records remain available to support these audits.

1.      Subsection 72(3) provides that records kept in accordance with section 150 of the Act must be in writing and in English, or in a format whereby conversion into the English language may occur so that records are accessible to the Regulator. Records must also be kept in such a way that the registered person’s obligations under the Act can be readily ascertained by the Regulator. This means that the records must be organised, clear, and complete enough that the Regulator (or an auditor) can easily determine a registered person’s compliance with their obligations under the Act, the GO Charges Act or any relevant subordinate legislation.

Section 73 – Review of decisions—Act s 152, item 29 and sub 153(3)(b)

1.      The table to section 152 of the Act specifies the types of decisions that reviewable decisions. If a decision is a reviewable decision, a person whose interests are affected by the decision may apply to the Regulator to reconsider the decision (section 153 of the Act) and, in certain circumstances, apply for review by the Administrative Review Tribunal (section 157 of the Act). A reviewable decision includes a decision made under the rules that the rules specify is a reviewable decision (item 29 of the table to section 152).

1.      The table to subsection 73(1) identifies the types of decisions made under the Rules that are reviewable decisions.

1.      Subsection 73(2) prescribes requirements that an application for review needs to meet, including information about the applicant, the decision for review, as well as information about how the applicant is affected by the decision and evidence in support of the application.

1.      The requirement under paragraph 73(2)(d) for the applicant to provide information about how they are affected by the decision is intended to ensure that review applicants are responsible for demonstrating how their interests are affected by the decision in question, and that they have appropriate standing to make a review application. Additionally, if the review applicant was not directly involved with the decision for review (e.g. was not the initial applicant), this ensures all information pertaining to the review is properly treated with respect to lawful disclosure and privacy principles.
   

Schedule 1—Documents for establishing applicant’s identity

Part 2.1—Documents for identifying individuals who are Australian citizens or residents

Item 1 – Category A documents

1.      Item 1 provides a list of identifying documents that fall under the definition of “category A documents” for individuals who are Australian citizens or ordinarily reside in Australia.

Item 2 – Category B documents

1.      Item 2 provides a list of identifying documents that fall under the definition of “category B documents” for individuals who are Australian citizens or ordinarily reside in Australia.

Part 2.2—Documents for identifying individuals who are neither Australian citizens nor ordinarily resident in Australia

Item 3 – Category A documents

1.      Item 3 provides a list of identifying documents that fall under the definition of “category A documents” for individuals who are not Australian citizens and do not ordinarily reside in Australia.

Item 4 – Category B documents

1.      Item 4 provides a list of identifying documents that fall under the definition of “category B documents” for individuals who are not Australian citizens and do not ordinarily reside in Australia.

Schedule 2—Product-specific attributes

Part 4.1—Hydrogen

Item 1 – Hydrogen—generally

1.      This item provides the product-specific attributes that must be included in the PGO certificate information for the purposes of paragraph 25(1)(g) of the Rules for batches of gaseous and liquid hydrogen.

1.      For a batch of gaseous hydrogen, the pressure is to be expressed in kilopascals (kPa) and the purity is to be expressed as a percentage of the total volume. For a batch of liquid hydrogen, the purity is to be expressed as a percentage of the total volume. These attributes are consistent with internationally recognised approaches to describing the characteristics of produced hydrogen.

1.      The pressure of a batch of hydrogen will be dictated by customer preferences or the requirements for the mode of delivery. In turn, compressing the gas uses energy that may impact the product’s emissions intensity and is therefore important contextual information to include on the certificate.

Item 2 – Hydrogen produced by electrolysis pathway

1.      Subitem 2(1) provides the product-specific attributes that must be included in the PGO certificate information for the purposes of paragraph 25(1)(g) of the Rules for hydrogen produced by the electrolysis production pathway.

1.      The PGO certificate must include each type of water used in the production pathway to produce the relevant batch of hydrogen and the quantity of water used to produce the relevant batch of hydrogen in litres. This information is important because the type of water used in the hydrogen production process through the electrolysis pathway influences the emissions intensity of the final product and can be an important for certain consumers.

1.      Subitem 2(2) provides a definition for “electrolysis production pathway”, which means “the production pathway determined for hydrogen under Division 3.1.2 of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025”.

Schedule 3—Electricity generation system – component guidelines

1.      In deciding whether to register a facility, the Regulator must have regard to any guidelines prescribed by the rules in relation to what components may make up an electricity generation system that is a facility. Schedule 3 provides component guidelines that the Regulator must have regard to for the purposes of subsections 39(2) and 40(6) of the Rules.

Item 1 – General

1.      Subitems 1.1 – 1.3 relate to components taken to be part of a facility, which includes components considered integral to the operation of the system and the generation of electricity and infrastructure such as buildings or fuel storage areas. Components of a facility may vary depending on the type of facility. The type of eligible renewable energy source a facility uses will determine the components used, and results in very different facilities. For example, a wind farm uses wind to generate electricity. This will be very different to the components of a solar farm, which will have photovoltaic panels (though there are also various types of solar panels). Different electricity generation systems can also generate electricity from the same eligible renewable energy source in a different manner.

1.      Subitem 1.4 provides that fuel processing and delivery components of a system may be taken to be part of a facility, if fuel is processed in an electricity generation system before being converted to electrical energy.

1.      Subitem 1.5 provides that components of a system used to produce fuel may not be taken to be part of the facility, if the fuel production process is separate to an electricity generation system and the primary purpose of that process is not the generation of electricity.

1.      Subitem 1.6 provides an exception to subitem 1.5 in circumstances where the fuel production process is a source of significant greenhouse gas emissions and the fuel produced in that process are relevant to the generation of electricity.

1.      Subitem 1.7 provides that this Schedule provides examples of components that may be taken to be part of a facility and is not intended to limit components that may be taken to be part of a facility for the purpose of the Act.

1.      Subitem 1.8 provides a general list of items that are likely to be included in electricity generation systems. This list is not intended to be exhaustive.

Item 2 – Solar Energy

1.      Subitem 2.1 provides a list of components that may also be included in a facility that uses solar energy.

Item 3 – Wind energy

1.      Subitem 3.1 provides a list of components that may also be included in a facility that uses wind energy.

Item 4 – Hydro

1.      Subitem 4.1 provides a list of components that may also be included in a facility that uses hydro-energy.

Item 5 – Wave, tide or ocean energy

1.      Subitem 5.1 provides a list of components that may also be included in a facility that uses wave, tide or ocean energy.

Item 6 – Hot dry rock or geothermal-aquifer

1.      Subitem 6.1 provides a list of components that may also be included in a facility that uses hot dry rock or geothermal-aquifer.

Item 7 – Bioenergy

1.      Subitem 7.1 provides a list of components that may also be included in a facility that uses bioenergy.

1.      Subitem 7.2 provides that a facility uses bioenergy if the energy is derived from the biomass components of any of the following energy sources (as mentioned in subsection 69(1) of the Act):
   1.    energy crops other than biomass from a native forest;
   2.    wood waste;
   3.    agricultural waste;
   4.    waste from processing of agricultural products;
   5.    food waste;
   6.     food processing waste;
   7.    bagasse;
   8.    black liquor;
   9.      biomass‑based components of municipal solid waste;
   10.      landfill gas;
   11.    sewage gas and biomass‑based components of sewage.

Item 8 – Co-firing

1.      Subitem 8.1 provides that each component of the system (regardless of the kind of energy source used to fuel the component) may be taken to be part of a facility, if an electricity generation system co-fires an energy source that is not an eligible energy source and an eligible energy source.
   Schedule 4—Energy storage system—component guidelines

1.      In deciding whether to register a facility, the Regulator must have regard to any guidelines prescribed by the rules in relation to what components may make up an energy storage system that is a facility. This Schedule 4 provides guidelines the Regulator must have regard to for the purposes of subparagraph 80(4)(a)(i) of the Act.

1.      The principles in determining the components are that an energy storage system should include any component that is integral to the operation of the energy storage system or to the charge, storage and discharge of electricity by the energy storage system. These guidelines are not intended to limit the components of an energy storage system that may be taken to be part of a facility for the Act.

Item 1 – General

1.      Subitems 1.1 provides that components are considered part of a facility if they are integral to the operation of the system, the import or export of electricity, or the storage of energy, regardless of the owner or operator of the components.

1.      Subitems 1.2 - 1.3 provide that infrastructure, such as buildings or stationary infrastructure, are included as components and that the components of a facility may differ depending on the type of facility.

1.      Subitem 1.4 provides that the guidelines in this item are not intended to limit the kind of components of an energy storage system that may be taken to be part of the facility.

1.      Subitem 1.5 provides a general list of components that are likely to be included in an energy storage system.

Item 2 – Battery Energy Storage System

1.      This item provides a list of components that may also be included in a facility that is a battery energy storage system.

Item 3 – Compressed Gas Energy Storage System

1.      This item provides a list of components that may also be included in a facility that is a compressed gas (e.g. air or CO2) energy storage system.

Item 4 – Thermal Energy Storage System

1.      This item provides a list of components that may also be included in a facility that is a thermal energy storage system.

Item 5 – Kinetic Energy Storage System

1.      This item provides a list of components that may also be included in a facility that is a kinetic energy storage system.

Item 6 – Gravitational Energy Storage System

1.      This item provides a list of components that may also be included in a facility that is a gravitational energy storage system.

Item 7 – Pumped Hydro Energy Storage System

1.      This item provides a list of components that may also be included in a facility that is a pumped hydro energy storage system.

Schedule 5 – First Nations attributes

1.      This schedule provides a table of First Nations attributes for the purposes of subsection 52(4) of the Rules. “First Nations attribute” is defined in section 4 of the Rules to mean a short description in column 1 of this table and the circumstance in column 2 of this table for the short description. These First Nations attributes may be included on REGO certificates pursuant to subsection 52(4) of the Rules.

1.      These attributes increase transparency for investors and customers seeking to support renewable electricity projects that contribute to First Nations outcomes and help ensure First Nations peoples participate in, and benefit from, the energy transformation. In other types of schemes, customers have been shown to pay a premium for certificates from projects that have co-benefits including social, environmental, and economic outcomes.

1.      Pursuant to paragraph 54(1)(d) of the Rules, an application to register a REGO certificate that includes a First Nations attribute must include evidence in relation to that attribute. Evidence submitted must accurately reflect the circumstances at the time the certificate is created or the application to register the REGO certificate is made, depending on the circumstances set out in the schedule. For example, an attribute based on consent should not be reapplied for if that consent has since been withdrawn. The Regulator may refuse to register the certificate if the information is not correct. This requirement safeguards the integrity of the framework, promotes accuracy and maintains trust with First Nations communities and the broader market.

1.      To reduce duplication, section 151 of the Act provides that information or documents already provided to the Regulator under a climate change law (including the Act and its Rules) are taken to have been supplied again if required in subsequent applications. Together, these provisions strike a balance between administrative efficiency and the need to ensure that attributes remain accurate and enforceable

Clause 1.1 – Definitions

1.      Clause 1.1 of the schedule defines terms for the purposes of the schedule. This includes a definition of a certified entity, meaning an Indigenous enterprise or corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

1.      In this schedule, Indigenous enterprise has the same meaning as in the Indigenous Procurement Policy (IPP) published by the Australian Government as in force from time to time. The IPP was freely available online: https://www.niaa.gov.au/resource-centre/indigenous-procurement-policy

1.      At the time these rules were made, the IPP defined an Indigenous enterprise as “an organisation, operating a business, that is 50% or more Indigenous owned. It may take the form of a company, incorporated association or trust. A social enterprise or registered charity may also be an Indigenous enterprise if it is operating a business”.

1.      From 1 July 2026, the IPP definition will change to require that an Indigenous business be at least 51% First Nations-owned and controlled (or registered with the Office of the Registrar of Indigenous Corporations (ORIC)).

1.      The intent of adopting this definition is that, over time, certified entities will have increasing levels of First Nations governance and control, as well as ownership.

Clause 1.2 – First Nations attributes

Item 1 – Majority ownership

1.      The policy intent of Item 1 is to recognise renewable electricity facilities where certified entities, in aggregate, hold a majority ownership interest. Requiring at least 51% ownership by certified entities represents a significant level of participation in the operation and benefits of the facility.  

Item 2 –Minority ownership

1.      The policy intent of Item 2 is to recognise renewable electricity facilities where certified entities hold a significant, but non-majority, ownership interest. This attribute provides visibility and recognition of First Nations participation in facilities where majority ownership is not present but where First Nations certified entities nonetheless exercise meaningful participation and derive benefits.

1.      By setting a threshold of at least 5% but less than 51%, the attribute recognises a wide range of commercial arrangements that reflect genuine First Nations investment and involvement.

Item 3 – Verified consent

1.      The policy intent of Item 3 is to recognise renewable electricity facilities that have secured the appropriate consent to build and operate on land to which an Aboriginal or Torres Strait Islander land rights law applies. This attribute gives visibility to renewable electricity facilities that have been established in accordance with the legally recognised rights and culturally appropriate decision-making processes of First Nations landholders.

1.      Crucially, consent is not a one-time event. First Nations consent is dynamic and subject to change. In relation to a renewable electricity facility, consent must be ongoing, meaning that First Nations peoples retain the right to review, revise or withdraw consent throughout the life of the facility. This is particularly important where the activities of the facility evolve, change scope or have ongoing social or environmental impacts.

1.      Under paragraph 54(1)(d) of the Rules, an application to register a REGO certificate that includes a First Nations attribute must include evidence in support of that attribute. As First Nations attributes are both a short description and circumstance, the evidence should be accurate at the time the certificate is created or the application to register the REGO certificate is made, depending on the circumstances set out in the schedule.

1.      For example, a listing of the First Nations attribute ‘Verified consent’ would mean that the applicant provided evidence that at the time the application to register the certificate was made, consent had been given to develop or operate the registered renewable electricity facility on land to which an Aboriginal or Torres Strait Islander land rights law applies by an entity recognised under law as the holder of rights in relation to that land.

1.      This means that for an applicant to include the attribute on a future certificate, consent must be ongoing. If consent were withdrawn, the circumstance would no longer be satisfied. Subsection 104(5) of the Act requires that the Regulator not register a certificate unless satisfied that the information stated in the certificate is correct. This ensures that the Regulator remain satisfied that consent is ongoing.

Item 4 – Verified procurement

1.      The policy intent of Item 4 is to recognise renewable electricity facilities that contribute to the participation of First Nations certified entities through procurement practices. This attribute highlights facilities that actively direct a measurable share of their expenditure to First Nations certified entities for goods or services.

1.      The percentage thresholds for procurement align with the IPP. This ensures consistency with broader government policy settings, provides a clear and well-understood benchmark for industry and supports the achievement of national objectives for First Nations economic participation. The thresholds increase over time in line with the requirements of the IPP.

1.      The attribute requires that purchases of goods or services occurred in the financial year immediately prior to the creation of the REGO certificate.  

Item 5 – Verified employment

1.      The policy intent of Item 5 is to recognise renewable electricity facilities that contribute to employment opportunities for Aboriginal and Torres Strait Islander peoples. The attribute highlights facilities that demonstrate measurable and sustained workforce participation outcomes by requiring that at least 5% of hours worked by employees engaged in relation to the facility over the previous financial year prior to the creation of the certificate are worked by Aboriginal and Torres Strait Islander persons. The reference to employees and persons in this item is only to natural individuals.

1.      The definition of Aboriginal and Torres Strait Islander person is aligned with section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006, ensuring consistency with existing legislative frameworks. 

Item 6 – Cultural Heritage Management

1.      The intent of Item 6 is to recognise renewable electricity facilities that operate in accordance with formal cultural heritage management arrangements under Commonwealth, State or Territory law. By requiring that a cultural heritage management plan (however described) is in place in relation to the land where the facility is located, the attribute ensures that facilities are taking active, lawful steps to identify, respect and protect Aboriginal and Torres Strait Islander cultural heritage.

1.      This attribute highlights facilities that have engaged with the processes established under cultural heritage legislation, which typically involve consultation with, and recognition of, the rights and interests of Traditional Owners and custodians. The intent is to provide visibility to projects that have met these requirements, reinforcing the importance of cultural heritage protection within the renewable electricity sector.

Item 7 – Benefit-sharing

1.      The intent of Item 7 is to recognise renewable electricity facilities that have entered into formal agreements to share financial and non-financial benefits with the Indigenous holders of rights in relation to the land on which the facility is located. This attribute highlights projects that have committed to ensuring that First Nations communities share in the economic, social and cultural benefits of renewable electricity development.

1.      The attribute is designed to be inclusive of the diverse forms that such agreements may take, including contracts, memoranda of understanding and heads of agreement. By focusing on the existence of an agreement, the Rules provide the Regulator with a clear, objective test that avoids placing the Regulator in the role of monitoring or adjudicating delivery of benefits, which is more appropriately handled through existing legal and dispute resolution processes.

Schedule 6—Phase-in remission

Part 6.1—Eligibility for remission

Clause 1.1 – Hydrogen production by electrolysis

1.      This item provides eligibility criteria for the purposes of section 67 of the Rules in relation to when a person is eligible for phase-in remissions of cost-recovery charges.

1.      Subitem 1.1(1) specifies the circumstances in which a person is eligible for a phase-in remission of cost-recovery charges. A person is eligible where they hold a scheme profile used to report information on PGO certificates for hydrogen produced by electrolysis. This provision reflects the policy to fully cost recover the GO scheme, which includes a phased approach to cost recovery designed to support the competitiveness of nascent industries.  
    
2.      Subitems 1.1(2) and (3) prescribe additional circumstances that must be satisfied for a holder of a delivery or consumption profile to be eligible for a phase-in remission. These provisions confine the availability of phase-in remissions to activities under the GO scheme, and associated profile holders, that are directly associated with hydrogen produced by electrolysis. This is important to ensure that, when further products are brought within the scheme in future, phase-in arrangements will only extend to products that are expressly prescribed as eligible.

1.      Subitem 1.1(4) provides a definition for “electrolysis production pathway” in this item, which means “the production pathway determined for hydrogen under Division 3.1.2 of the Future Made in Australia (Guarantee of Origin) Methodology Determination 2025”.

Part 6.2—Amounts of phase-in remission

Clause 2.1 – Hydrogen production by electrolysis

1.      This item provides a table that prescribes the percentage of cost-recovery charges that may be remitted for eligible production, delivery and consumption profiles. The percentage to be remitted is dependent on the financial year during which the cost recovery charge is due and payable. The percentage in column 1 corresponds to the financial year date listed in column 2.

1.      For example, if a cost-recovery charge is issued by the Regulator in relation to a production profile for hydrogen by electrolysis, and that cost-recovery charge is due and payable by 12 June 2026, the eligible production profile holder will have 100% of the cost-recovery charge remitted.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Future Made in Australia (Guarantee of Origin) Rules 2025

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Future Made in Australia (Guarantee of Origin) Act 2024 (Act) establishes the Guarantee of Origin (GO) scheme, a nationally consistent voluntary framework for emissions accounting of products and certification of renewable electricity.

Subsection 160(1) of the Act enables the Minister, by legislative instrument, to make rules prescribing matters required or permitted by the Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

This instrument makes the Future Made in Australia (Guarantee of Origin) Rules 2025 (Rules). The Rules establish the detailed statutory framework for the operation and administration of the GO scheme.

Under the GO scheme, participants can register and produce two types of certificates:

• Product GO (PGO) certificates - which allow producers, exporters, and consumers to prove where a product was made, and the emissions associated with its production, transport and storage. PGO certificates enable Australian producers of low-emissions products to make objective claims about their products’ embedded emissions.

• Renewable Electricity GO (REGO) certificates - which provide information on when, where, and how renewable electricity was produced, allowing users to make verifiable claims about renewable electricity use. REGO certificates provide a fit-for-purpose mechanism for businesses that voluntarily purchase certificates to support their Environmental, Social and Governance reporting claims and other reporting and policy needs, ensuring there is an enduring mechanism to provide transparent and trusted information about renewable electricity in Australia.

The purpose of the Rules is to support the operation of the Act by providing rules relating to:

• persons registering to participate with the scheme, ongoing registration obligations and grounds for suspension or cancellation of registration;

• PGO certification including the registration, correction, transfer, suspension and cancellation of scheme profiles, the creation, registration, correction and invalidation of PGO certificates and how required information is added in sequence;

• annual reconciliation check and processes related to the certification of renewable electricity; and

• REGO certification, including definitions of energy sources, and application, registration and other administrative matters for renewable electricity facilities.

Participation in the GO scheme is voluntary.

Human rights implications

Though there is no requirement to participate in the GO scheme, if an individual applies to be registered for the purposes of the Act, they will have to give the Regulator specified personal information and evidence of their identity. The evidence may include government issued ‑identification documents like passports, driver licences and Medicare cards. This requirement engages the right to privacy under Article 17(1) of the International Covenant on Civil and Political Rights (ICCPR).

The Rules specify the circumstances under which identity evidence must be given, and the kinds of identity evidence that must be given. The evidence is necessary to establish the identity of individuals seeking registration for the Act. This is because registration for the Act comes with several rights, duties and obligations under the Act, which includes being liable for a civil penalty for contravening certain provisions of the Act.

The Australian Privacy Principles apply to the Regulator so the Regulator must collect, deal with, use or disclose personal information held by the Regulator in accordance with the Australian Privacy Principles.

Additionally, the Rules prescribe purposes for which disclosure of audit information may be used or made. Audit information is basically defined as information obtained through carrying out an audit or preparing an audit report under the Act, which may include personal information. Essentially, the use and disclosure of the information are permitted under the Act:

• to reduce serious risk to an individual’s life or health; or
• to meet a requirement of a court or tribunal; or
• if the information has been lawfully published; or
• if the person to whom the information relates consents to or requests the use or disclosure.

For these reasons, any interference with the right to privacy under Article 17(1) is not arbitrary and is lawful. Thus, the Rules are compatible with the right to privacy.

Conclusion

This Legislative Instrument is compatible with human rights, as any engagement with human rights is necessary and proportionate to the intended policy outcome.

The Hon. Josh Wilson MP

Assistant Minister for Climate Change and Energy

[1] Clean Energy Regulator https://cer.gov.au/about-us/our-policies/privacy-policy, 2 April 2025, accessed 5 September 2025.