Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person mentioned in column 3 of an item in the following table may request the Regulator to reconsider a decision mentioned in column 2 for that item.
Item | Decision | Person |
1 | Decision under regulation 19BA to determine the number of certificates that may be created for a solar water heater | Manufacturer of the solar water heater |
2 | Decision under regulation 19BC in relation to a request to make or vary a determination about a solar water heater | Person making the request |
2AA | Decision under subregulation 19C(3A) to remove a device from the Register of solar water heaters | Any of the following: (a) the manufacturer of the device; (b) a person who made a request in relation to the device under subregulation 19BC(1); (c) a person whose business involves the sale or installation of the device |
2AB | Decision under regulation 20AF to declare that a model of an inverter or photovoltaic module is not eligible for use in the installation of small generation units for the purposes of these Regulations | Either: (a) the manufacturer of the model; or (b) if the model was imported into Australia--the person who imported the model |
2AC | Decision under regulation 20AG to declare that a person is not eligible to design small generation units for the purposes of subregulation 20AC(2) | Person subject to the declaration |
2AD | Decision under regulation 20AG to declare that a person is not eligible to install small generation units for the purposes of subregulation 20AC(2) | Person subject to the declaration |
2AE | Decision under regulation 20AH to declare that a person is not eligible to make statements in relation to small generation units for the purposes of subregulation 20AC(5A) | Person subject to the declaration |
2AF | Decision under Subdivision 2.3.4 to refuse to approve an accreditation scheme | Applicant for the approval |
2AG | Decision under subregulation 20BK(1) to revoke the approval of an accreditation scheme | Person whose interests are affected by the decision |
2A | Decision under subregulation 22UG(4) to give a notice (requiring application for exemption certificate to be accompanied by audit report) | Person to whom the notice is given |
2B | Decision under subregulation 22ZHC(3) to specify a formula in an exemption certificate (identification of use amount for a liable entity) | Applicant for the exemption certificate |
3 | Decision under subregulation 47(2) to declare that a person is not eligible to design and install small generation units | Person subject to the declaration |
(2) The request must be:
(a) in writing; and
(b) given to the Regulator not later than 60 days after the decision is made.
(3) The Regulator must reconsider the decision and confirm, vary or set aside the decision.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.
(4) If the Regulator does not give written notice of the Regulator's decision under subregulation (3) to the person within 60 days after the person gives the request to the Regulator:
(a) the Regulator is taken to have made a decision confirming the original decision; and
(b) the Regulator's decision is taken to have been made immediately after the end of the 60 days.
(5) An application may be made to the Administrative Review Tribunal for review of a decision of the Regulator under subregulation (3).