Clean Energy Regulator v. MT Solar Pty. Ltd.

Summary:

This case concerned the penalties to be imposed on an unlicensed electrician, the company which employed him to install solar panels and other related parties. As the electrician did not have the appropriate accreditation to install the solar panels, the company was not entitled to claim Renewable Energy Certificates (RECs) under the Renewable Energy (Electricity) Act 2000 (Cth). The federal authority in charge of administering the issuance of RECs, the Clean Energy Regulator, sought civil penalties against the respondents for contravening the Act by providing false information as to the qualifications of the electrician. In discussing the factual background to the case, Justice Foster noted that a state government feed-in tariff offered for renewable energy projects had created significant market pressure for projects to be delivered quickly (the tariff was only available through 2016), and that there had been a shortage of qualified electricians to meet the demand.

At Issue: To impose penalties for providing false information to the government regarding the installation of solar panels and claiming of Renewable Energy Certificates