Completed enforceable undertakings for 2023

Bell Solar unknowingly received false information from a third party relating to the purported designer and installer of 142 solar photovoltaic (PV) system installations.

Bell Solar subsequently relied on that information to improperly create 19,254 small-scale technology certificates (STCs), in contravention of section 24A(1) of the Act.
 

Bell Solar’s compliance procedures did not identify that the information was false at the time of certificate creation.

Bell Solar undertakes to:

Compliance Program

1. Develop and implement a Compliance Program for a period of two years in accordance with Annexure A of the undertaking.
2. Inspect and rectify installationsIn respect of the solar PV system installations set out in Annexure B of the undertaking:
   1. obtain consent from the owner or occupier of the site to inspect the solar PV system
       
   2. arrange for a CEC accredited installer(s) to inspect the solar PV system
       
   3. in the event the inspection detects any defects with the solar PV system, rectify those defects or arrange for a new installation of the solar PV system.

Report to the Regulator

3. Provide monthly written reports as to the progress made in respect of the inspection/rectification of solar PV systems set out at Annexure B of the undertaking.
4. Provide evidence of inspections and any rectification work completed.

Ownership and directorship

In the event of a change in ownership or change to the majority of directors of Bell Solar, it will;

5. Bring the existence of the enforceable undertaking to the attention of the new owners/directors.
6. Notify the Regulator no later than 10 business days after the change takes place and provide the contact details of the new owners/directors.

Mr Sewell undertakes to:

1. In respect of the solar PV system installations set out in Annexure A of the Undertaking:
   1. obtain consent from the owner or occupier of the site to inspect the solar PV system
       
   2. arrange for a CEC accredited installer(s) to inspect the solar PV system, and
       
   3. in the event the inspection detects any defects with the solar PV system, rectify those defects or arrange for a new installation of the solar PV system.
       
2. Provide monthly written reports as to the progress made in respect of the inspection/rectification of solar PV systems set out at Annexure A of the Undertaking
3. Provide evidence of inspections and any rectification work completed.

Nasir Kahloo undertakes to:

1. at his expense, remove and replace 41 existing non-compliant solar photovoltaic (PV) systems within six months of this Undertaking coming into effect,
   1. write to the owners/occupiers of the sites to obtain consent to the removal and disposal of the existing systems and their replacement with new compliant systems
   2. remove and properly dispose of the existing systems at each site
   3. replace existing systems with new, compliant systems, using CER approved, CEC accredited designer/s and installer/s
   4. validate the replacement panel serial numbers
2. not seek or cause creation of STCs for the 41 new compliant PV systems
    
3. report to the Clean Energy Regulator every month
    
4. disengage completely from the solar panel industry, including promotion, trade, sale, supply, and installation for a period of 3 years once he has completed the Undertaking.

One Stop unknowingly received false information from a third party relating to the purported designer and installer of 379 solar photovoltaic (PV) system installations.

One Stop subsequently relied on that information to improperly create 49,400 small-scale technology certificates (STCs), in contravention of section 24A(1) of the Act.

One Stop’s compliance procedures did not identify that the information was false at the time of certificate creation.

One Stop undertakes to:

Compliance Program

1. Develop and implement a Compliance Program for a period of 2 years in accordance with Annexure A of the undertaking.
2. Inspect and rectify installationsin respect of the solar PV system installations set out in Annexure B of the undertaking:
   1. obtain consent from the owner or occupier of the site to inspect the solar PV system
       
   2. arrange for a CEC accredited installer(s) to inspect the solar PV system
       
   3. in the event the inspection detects any defects with the solar PV system, rectify those defects or arrange for a new installation of the solar PV system.

Surrender of small-scale technology certificates

3. In the event that consent cannot be obtained to inspect a solar PV system set out in Annexure B of the undertaking:
   1. surrender a number of certificates equal to the number of certificates improperly created for those solar PV system installations.

Report to the Regulator

4. Provide monthly written reports as to the progress made in respect of the inspection/rectification of solar PV systems set out at Annexure B of the undertaking.
    
5. Provide evidence of inspections and any rectification work completed.
    

Ownership and directorship

In the event of a change in ownership or change to the majority of directors of One Stop, it will;
 

6. Bring the existence of the enforceable undertaking to the attention of the new owners/directors.
    
7. Notify the Regulator no later than 10 business days after the change takes place and provide the contact details of the new owners/directors.
    

The Clean Energy Regulator (the Regulator) accepted an enforceable undertaking offered by Trina Solar (Australia) Pty Ltd (Trina Solar) on 7 May 2020 to address any ineligible solar panel serial numbers that were uploaded by Trina Solar into the Solar Panel Validation Service. Ineligible means that the solar panels were not eligible for small-scale technology certificates (STCs). The enforceable undertaking was accepted under the Renewable Energy (Electricity) Act 2000 (the Act).

Trina Solar and the Regulator have agreed to vary the enforceable undertaking in accordance with section 154Q(3) of the Act. The variation is to the effect that Trina Solar will undertake a Compliance Testing Program. This will provide assurance to the Regulator as to the safety and quality of the solar panels that do not meet the Clean Energy Council approved photovoltaic (PV) module listing requirements and have been supplied and installed.

The Clean Energy Regulator and Trina Solar agreed to an appropriate sampling lot size for the Compliance Testing Program. The Clean Energy Regulator will seek consent from owners of affected systems in the sample.

Trina Solar undertakes to:

1. contact the relevant owner to arrange for a CEC-accredited installer (or installers, agreed with the Regulator, to remove all solar PV panels from the installation
    
2. install new solar PV panels of equal or superior quality and performance where possible
    
3. obtain and maintain:
   1. geotagged photographs of each removed solar PV panel
       
   2. geotagged photographs of each new installed solar PV panel
       
   3. written installer declarations that reference the solar PV panel’s removed and installed along with the installer’s attendance at the site
4. arrange for the delivery of certain solar PV panels to PV Lab Australia for testing
    
5. arrange for the lawful disposal of all removed solar PV panels, preferably by an accredited recycler.

Enforceable Undertaking Extension update - Trina Solar (Australia) Pty Ltd (PDF 337KB)

Enforceable Undertaking Extension - Trina Solar (Australia) Pty Ltd (PDF 337KB)

Enforceable Undertaking Variation - Trina Solar (Australia) Pty Ltd (PDF 176KB)

Enforceable Undertaking - Trina Solar (Australia) Pty Ltd (PDF 3.31MB)

Enforceable Undertaking - Annexure A (PDF 378KB)

Enforceable Undertaking - Annexure C (PDF 152KB)
 

Please note: annexures B and D will not be published due to personal privacy requirements.