Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subparagraph 20AA(3)(a)(i), the small generation unit must be installed:
(a) before 1 January 2013; or
(b) on or after 1 January 2013 but before 1 July 2013 and in the circumstances mentioned in subregulation (2).
(2) For paragraph (1)(b), the circumstances are:
(a) the unit is installed under a contract entered into before 16 November 2012; and
(b) the parties to the contract are legally bound to proceed with the contract on and after 16 November 2012; and
(c) if the contract is conditional on any event happening, the event happened before 16 November 2012; and
(d) the person who becomes the owner of the unit following its installation is a party to the contract; and
(e) the contract documentation identifies:
(i) the date the contract was entered into; and
(ii) the identity of each party to the contract; and
(iii) the address at which the unit is to be installed; and
(iv) the size, make and model of the unit; and
(f) the person entitled to create certificates for the unit (the entitled person ) meets the requirements of subregulation (3) before creating certificates for the unit.
(3) For paragraph (2)(f), the entitled person must:
(a) possess contract documentation identifying the matters mentioned in paragraph (2)(e); and
(b) provide to the Regulator a statutory declaration made by the entitled person:
(i) describing the contract documentation; and
(ii) stating that the entitled person can provide the contract documentation to the Regulator if requested by the Regulator; and
(iii) stating that the contract meets the requirements of paragraphs (2)(a) to (d); and
(iv) stating:
(A) the date on which the contract was entered into; and
(B) the identity of each party to the contract; and
(C) the address at which the unit was installed; and
(D) the size, make and model of the unit; and
(v) stating that the contract documentation in the entitled person's possession identifies the matters mentioned in subparagraph (iv); and
(c) if the contract is an oral contract--provide to the Regulator a statutory declaration made by each party to the contract stating:
(i) the date on which the contract was entered into; and
(ii) the identity of each party to the contract; and
(iii) the address at which the unit was installed; and
(iv) the size, make and model of the unit; and
(d) provide to the Regulator any other information or documents requested by the Regulator.
(4) An entitled person may provide one statutory declaration under paragraph (3)(b) setting out the information required by that paragraph for more than one unit, including where:
(a) the units were installed under different contracts; or
(b) the contracts for the installations of the units involve different parties; or
(c) the units were installed at different addresses.
(5) However a statutory declaration provided under paragraph (3)(c) must relate to one unit only.
(6) For paragraph (3)(c), if the entitled person is a party to the contract, he or she only needs to provide statutory declarations from the other parties to the contract.
(7) In this regulation:
"contract documentation" means:
(a) for a written contract--the written documents setting out the terms and conditions of the contract and evidencing the offer and acceptance of those terms and conditions; and
(b) for an oral contract--written documentation that was created and dated before 22 December 2012, evidencing the existence of the contract.