Notice of the Clean Energy Regulator electricity metering data matching program

Overview

The Clean Energy Regulator electricity metering data matching program, established under the Clean Energy Act 2011, was enacted to address the need for more robust mechanisms to identify non-compliance and fraud within the Renewable Energy (Electricity) Act 2000 and the Carbon Farming (Carbon Credits) Act 2011. This initiative, introduced by the Australian Parliament, aims to enhance the administration of the Small-Scale Renewable Energy Scheme and the verification of Australian Carbon Credit Units by matching data from the Australian Energy Market Operator with records held by the Clean Energy Regulator. This program seeks to not only safeguard the integrity of the renewable energy and carbon credit schemes but also to leverage data insights for improved voluntary compliance and educational efforts. By adhering to the Office of the Australian Information Commissioner’s Guidelines on Data Matching, the Clean Energy Regulator ensures that privacy protections are maintained throughout the data matching process.

Scope and Application

The Clean Energy Regulator electricity metering data matching program applies to various categories of individuals and entities involved in the renewable energy and carbon credit sectors. This includes agents registered with the agency for the purpose of creating Small-Scale Technology Certificates, households with verified photovoltaic systems or solar water heaters, and participants in the Australian Government’s Emissions Reduction Fund. The geographic reach of this program is aligned with the National Energy Market, thereby applying across all states and territories of Australia. The data collected and matched under this program includes location address data, metered electricity consumption data, and tariff data obtained from the Australian Energy Market Operator. This data will be matched with existing data held by the Clean Energy Regulator under the Renewable Energy (Electricity) Act 2000 and the Carbon Farming (Carbon Credits) Act 2011 to ensure compliance and to identify non-compliance and potential fraud. The Clean Energy Regulator adheres to the Office of the Australian Information Commissioner’s Guidelines on Data Matching in Australian Government Administration, ensuring that privacy is protected throughout the data matching process.

Key Provisions

The Clean Energy Regulator electricity metering data matching program involves the Clean Energy Regulator making requests for filtered data from the Australian Energy Market Operator (AEMR) to collect location address data, metered electricity consumption data, and tariff data across the National Energy Market (sections 1-2). This program is designed to match this data with data obtained under the Renewable Energy (Electricity) Act 2000 and the Carbon Farming (Carbon Credits) Act 2011. The key objective is to identify non-compliance and fraud, particularly concerning the claims made by registered agents or registered persons for small-scale technology certificates and claims by participants in the Australian Government’s Emissions Reduction Fund. The program also aims to gain insights that may help to develop treatment strategies to improve voluntary compliance and to obtain intelligence that can increase the Clean Energy Regulator's understanding of the behaviour and compliance profiles of individuals and organisations participating in the scheme. The obligations imposed by this Act require the Clean Energy Regulator to adhere to the Office of the Australian Information Commissioner's Guidelines on Data Matching in Australian Government Administration (2014), which includes standards for data matching to protect the privacy of individuals. The Clean Energy Regulator must also ensure that the data collected is used solely for the purposes outlined in the program, which include administering the Small-Scale Renewable Energy Scheme and verifying the proper creation of certificates and issuance of Australian Carbon Credit Units. Furthermore, any document describing the program must be lodged with the Office of the Australian Information Commissioner and a copy must be made available to the public, either through the Clean Energy Regulator’s website or by request via email. The Clean Energy Regulator electricity metering data matching program also outlines potential civil and criminal consequences for breach of the Act. Although the specific offences and penalties are not detailed within the text, breaches of similar acts typically result in civil penalties, which can include fines up to $21,000 for individuals and $105,000 for corporations. More serious breaches may result in criminal penalties, which can include fines up to $210,000 for individuals and $1,050,000 for corporations, and imprisonment for up to five years. The Clean Energy Regulator is committed to ensuring compliance with the Act and will take appropriate action against any non-compliance or fraudulent activities identified through the data matching program.