Draft SPV logo rules for consultation · Web viewRetailer’s records of customer sales of solar...

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Draft rules for the use of the Solar Panel Validation logoThe below draft Solar Panel Validation (SPV) logo rules are open for industry consultation from Tuesday, 18 February 2020 to 5.00 pm (AEDT) on Friday, 6 March 2020.

A. Introduction to the SPV initiative

1. The SPV Initiative (the SPV Initiative) was established by the Clean Energy Regulator (CER) to support the Small-scale Renewable Energy Scheme (the Scheme) under the Renewable Energy (Electricity) Act 2000 (Cth) (the REE Act).

2. The Scheme offers a financial incentive for individuals and small businesses to install eligible small-scale renewable energy systems including Solar Panels. Owners of eligible systems (or their assignees) may be entitled to small-scale technology certificates (STCs). STCs can be sold to electricity retailers to meet their obligations to source and surrender STCs under the REE Act.

3. Owners of eligible small-scale renewable energy systems, their agents or persons to whom they have assigned their rights to STCs (Registered persons including Agents, Retailers or Accredited Installers) may apply to the CER via the Renewable Energy Certificate Registry (REC Registry) for the registration of STCs. Registered Persons submit the information required by the CER to register the STCs.

4. To be eligible for STCs, Solar Panels that form part of an eligible small-scale renewable energy system must be a model listed on the Clean Energy Council’s (CEC’s) Approved Modules List. This is a pre-condition to eligibility for STCs (Renewable Energy (Electricity) Regulations 2001 (Cth) (REE Regulations).

5. The Approved Modules List records each Solar Panel model that has satisfied the terms and conditions of the CEC, the manufacturer or their authorised supplier of the Solar Panel model, and the approval expiry date. The CEC terms and conditions for Solar Panel model listing include that Solar Panels are compliant with Australian Standards and produced in certified factories, and that the manufacturer or their authorised supplier of Solar Panels are responsible for meeting warranty obligations under Australian Consumer Law.

6. The CEC maintains the Approved Modules List and manages the processes for parties seeking to apply for module listing as well as decisions for delisting. The CEC makes decisions to accept or reject applications for module listing and the delisting of modules according to its terms and conditions for listing a module on the Approved Modules List.

GPO Box 621 Canberra ACT 2601 1300 553 542 [email protected] www.cleanenergyregulator.gov.au 1

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http://www.cleanenergyregulator.gov.au/

mailto:[email protected]

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7. A further requirement for eligibility to register STCs is that the relevant small-scale renewable energy system must have been installed by an Accredited Installer. The CEC manages the scheme for Accredited Installers. The CEC determines approval of applications for and revocation of, the accreditation of installers and determines the accreditation terms and conditions for Accredited Installers.

8. The SPV Initiative is a collaborative effort between the CER and industry. It allows for Solar Panel Serial Numbers to be checked using industry developed tools (Installer App and Verification Service) to ensure they correspond to verified serial numbers for Solar Panels approved by the CEC. This facilitates the identification of verifiable and unverifiable Solar Panel Serial Numbers, which results in a streamlined processing of STCs and greater confidence that the Solar Panels have specific attributes (e.g. serial numbers are confirmed as verified by the relevant manufacturer or their authorised supplier (Approved Entity) and are eligible for STCs).

9. The Initiative allows Users (Accredited Installers) of a mobile app (Installer App) to check a Solar Panel’s Serial Number against a Database (Verification Database) of Approved Entity (manufacturer or their authorised supplier) verified Serial Numbers for Solar Panels matching models on the Approved Modules List. The User submits Solar Panel information (Data Package) using the Installer App for checking by the Verification Service.

10. If the Solar Panel Serial Numbers in the Data Package are verified using a Verification Service Database, the Verification Service Provider issues a digitally signed Verification Response to the Installer App.

11. Upon receipt of a Verification Response from the Verification Service Provider, the Installer App issues the User with a Signed Data Package containing a digital record of information about the installed Solar Panels together with a Customer Record containing Solar Panel verification information for the Customer. The Signed Data Package may be used by a Registered Person to support the processing of STCs as part of the Scheme

12. Under the Initiative, Verification Service Providers maintain the currency and integrity of Databases of Solar Panel information and allow the Databases to be interrogated through use of Installer Apps for the purposes of verifying Data Packages.

13. Installer App Providers provide Installer Apps to facilitate verification of Data Packages using the Verification Service.

14. The Clean Energy Regulator is the Approved Certifier for use of the SPV logo.

15. Further information on the SPV Initiative is available from the Clean Energy Regulator’s website.

16. Please see the Glossary at Schedule 1 for Defined Terms used in these Rules.

B. What is the SPV logo used to certify?

17. The SPV logo is used to certify specific attributes for Solar Panels and Specified Services that access the SPV Initiative.

18. In particular, the specific attributes and Specified Services include the following:


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» Solar Panels may have their Serial Numbers checked, using an Installer App, against a Verification Database to potentially verify the Serial Numbers:

› as corresponding to Solar Panels that are on the Clean Energy Council Approved Modules List

› as not matching the Solar Panel Serial Numbers of any previously installed Solar Panels;

» Approved Entities (manufacturers or their authorised suppliers) may provide Solar Panel Serial Number Data to a Verification Service Provider to enable Solar Panel verification

» Accredited Installers may use an Installer App to verify Solar Panel Serial Numbers at the site where Solar Panels are being installed

» Retailers may use SPV to verify Solar Panels by ensuring Accredited Installers use an Installer App to verify Solar Panel Serial Numbers for Solar Panels (by brands participating in SPV) sold to consumers

» Solar Panels which have Serial Numbers that are able to be verified against a Verification Database are eligible for STCs. The Signed Data Package may be used by a Registered Person or Agent to support the processing of STCs as part of the Scheme and the Registered Person may be eligible for faster processing.

19. In essence, Approved Users may use the SPV logo in accordance with these Rules and the User Guidelines to certify their attributes and Specified Services when accessing the SPV initiative.

20. The SPV logo does not, and must not be used to, certify or directly or indirectly indicate certification of the quality or appropriateness of any goods or services.

C. Use of the SPV logo by the CER

21. As owner of the SPV logo, the CER reserves the right to use the SPV logo in any manner it sees fit in relation to the SPV Initiative including in relation to government material, program information and promotional material and activities.

D. Who is the approved certifier?

22. Approved Certifier is the party who can approve use of the SPV logo in relation to Specified Services for the following categories of Approved Users.

Approved Certifier Category of Approved User

Verification Service Providers

Installer App Providers

Approved Entities (manufacturers or their authorised suppliers of


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E. Obtaining and maintaining certification of specified services

23. Only Approved Users can use the SPV logo. An Approved User must meet all requirements of these Rules and must obtain approval to use the SPV logo from the Approved Certifier.

24. The Approved Certifier must ensure that all relevant requirements set out in the table entitled ‘Certification requirements for Specified Services’ (Schedule 2) are met for the relevant category of Approved User before they are approved to use the SPV logo.

25. The Approved Certifier must only approve use of the SPV logo by Approved Users in relation to Specified Services.

26. Approved Users must only use the SPV logo in relation to the Specified Services for which they have been approved in writing to use the SPV Logo.

27. Broadly, the requirements that must be satisfied for certification of Specified Services under the SPV Initiative are as follows:

» Verification Service Providers must provide a Verification Service under the SPV Initiative.

» Installer App Providers must provide apps that can access the Verification Service under the SPV Initiative.

» Approved Entities must each supply accurate and timely Serial Number data to a Verification Service Provider for its Verification Database. The data provided by the Approved Entity must represent modules on the Clean Energy Council Approved Modules List.

» Accredited Installers must provide installation services where the Solar Panels they install, for brands that are approved to participate in the SPV Initiative, can be verified.

» The Agent must demonstrate that STCs they have created have been uploaded with a Signed Data Package (created by the Accredited Installer using the SPV App), to support the processing of the claim as part of the Scheme.

» Retailers must demonstrate that Solar Panels, for brands approved to participate in the SPV Initiative, that they sell must be able to access the Verification Service and can be verified.

28. Details of the certification criteria and the evidence required to establish these criteria are set out in Schedule 2 to these Rules (Certification requirements for specified services).

29. Approved Users must satisfy the relevant requirements set out in Schedule 2 to these Rules (Certification requirements for specified services) to maintain their certification of Specified Services under the SPV initiative.

30. Details on the process for obtaining approval to use the SPV logo are available at the CER website or by contacting the CER directly by phone on 1300 553 542 or email [email protected].


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F. Conditions for use of the SPV logo

31. Approved Users must use the SPV logo strictly in accordance with:

a) these Rules;

b) the requirements of any User Guidelines (incorporating any layout and format requirements) that may be published by the CER from time to time;

c) the terms and conditions of any written agreement (Written Agreement) between them and the Approved Certifier (CER) relating to use of the SPV logo.

32. Unless expressly stated to the contrary in any Written Agreement, to the extent of any inconsistency between the above items, the following order of precedence will apply: the provisions of these Rules, the User Guidelines – Schedule 5 to these Rules, the Schedules to these Rules (excluding Schedule 5) and the terms and conditions of any Written Agreement.

G. Contexts and materials in respect of which the SPV logo may be used

33. Approved Users may use the SPV logo in relation to the Solar Panels and Specified Services in the manner specified in these Rules (including ‘Approved User Descriptions and links to CER’s SPV logo information for consumers’ – Schedule 3) and the User Guidelines.

34. Examples of contexts and materials in respect of which the SPV logo may be used are set out below:

» Products – Solar Panels, packaging, labels

» Publications – newsletters, brochures, fact sheets, media releases,

» Advertising – print, television, radio, billboards

» Internet and multimedia

» Displays – exhibition stands, lecterns, posters, banners flags

» Point of sale – display signs on retail counters

» Corporate material – stationery, letterhead, invoices

» Promotional items – mugs, folders.

H. Maintenance of records

35. Approved Users must maintain sufficient records to demonstrate compliance with these Rules and the User Guidelines in their use of the SPV logo.

36. The records should include:

a) documentary evidence (including samples) of the use of the SPV logo in accordance with the Rules;


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b) information about the provision of Solar Panels and Specified Services by reference to the SPV logo (including sales, distribution, processing and financial information).

c) Data that demonstrates they are actually using SPV.

I. Audit and access requirements

37. The Approved Certifier conducts periodic reviews of SPV logo use by Approved Users and across the wider market.

38. Approved Users will, from time to time, upon request by the Approved Certifier, be required to:

» provide relevant records (including samples) to the Approved Certifier for the purposes of assessing and maintaining their compliance with these Rules;

» allow or facilitate reasonable access by the Approved Certifier to all relevant records for the purposes of assessing and maintaining their compliance with these Rules.

J. Approved users must not engage in misleading, unauthorised or unlawful use of the SPV logo

39. In using the SPV logo, Approved Users:

a) must not falsely, inaccurately or misleadingly suggest endorsement or approval of Solar Panels or Specified Services by Approved Certifiers, the CER or the Commonwealth;

b) must not make any representation whether express or implied as to the certification of quality or appropriateness of products or services provided under or by reference to the SPV logo;

c) must use the SPV logo together with any relevant descriptors, terms or statements which serve to qualify or clarify such use as may be specified in these Rules, the User Guidelines or in any Written Agreement;

d) must use the SPV logo only in relation to their Specified Services and subject to any restrictions or conditions set out in these Rules, the User Guidelines and any Written Agreement;

e) must not seek to alter the appearance of the SPV logo or use it in any manner that is not specifically authorised or approved under the Rules, the User Guidelines or any Written Agreement;

f) must not use the SPV logo in a way that is likely to damage the reputation of the SPV logo, the SPV Initiative, the CER or the Commonwealth;

g) must not seek to use the SPV logo in any manner that is fraudulent, unlawful or illegal.

K. Breach of these rules

40. The Approved Certifier will ensure that they deal promptly with any actual or potential breach by their Approved Users of these Rules, the User Guidelines or the terms and conditions of any relevant Written


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Agreements, in a manner approved by the Approved Certifier, including by revoking approval to use the SPV logo.

41. Where approval to use the SPV logo has been revoked, Approved Users must comply with all directions of the Approved Certifier in relation to ceasing use of the SPV logo and removal of the SPV logo from all relevant material.

42. Any breach of the Rules may be actionable by the Approved Certifier under the Trade Marks Act 1995 (Cth) and may also constitute a breach of other Written Agreements for use of the SPV logo.

43. The Approved Certifier reserves its rights in dealing with any breach of the Rules, the User Guidelines or the terms and conditions of any Written Agreement for use of the SPV logo.

44. The Approved Certifier will take all reasonable steps to ensure that the SPV logo is not used by its Approved Users to certify or represent the quality, safety or appropriateness of Solar Panels or Specified Services under the SPV Initiative. This may include taking actions as specified in the Written Agreement.

45. The Approved Certifier will promptly take action to deal with any suspected unauthorised, unapproved, fraudulent or illegal use (including by their Approved Users) of the SPV logo.

46. In the instance that incorrect use of the SPV logo by an Approved User is identified, the Approved Certifier, in accordance with any Written Agreement, will contact the Approved User with an initial notification and an opportunity to amend their use. If the Approved User does not correct their use of the SPV logo, the Approved Certifier will send a final notification. The Approved Certifier may take further legal action where appropriate.

47. Where an Approved Certifier has identified or has been notified of the use of the SPV logo by an unauthorised user, the Approved Certifier will contact the unauthorised user and request a stop to the use of the SPV logo. If no action is taken by the unauthorised user, the Approved Certifier will send a final notification to the unauthorised user. The Approved Certifier may take further legal action where appropriate.

L. Liability

48. Neither the CER nor the Commonwealth accepts responsibility for any loss or damage suffered, or costs incurred, by Approved Users in relation to their participation in the SPV Initiative and/or their use of the SPV logo.

M. Dispute resolution

49. Where a dispute arises from a refusal to approve use of the SPV logo, the party whose application for use of the SPV logo has been refused may make a written request to the Approved Certifier to conduct an internal review of the decision. An internal review is a re-examination of the decision by a person who was not part of the original decision making process.

50. Written requests to the Approved Certifier to conduct an internal review of the decision must be made in writing within 30 days of receipt of the written notice of the decision.


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51. Written requests must clearly set out both (a) the grounds on which the decision should be reviewed, and (b) the evidence to support the application. If new information exists which was not provided to the original decision maker, it may be provided at the time of the request for an internal review of the decision.

52. The Approved Certifier must review its decision to refuse approval to use the SPV logo within 45 days from receiving a request to review a refusal decision. Written notification of the decision of the internal reviewer and reasons for the decision will be provided. The decision of the Approved Certifier following its internal review of the decision will be final.

N. Variation of the rules

53. The Rules may be varied from time to time by the CER provided that such variation is approved by the Australian Competition and Consumer Commission and made available for public inspection as required under the Trade Marks Act 1995.

P. Compliance with other laws

54. These Rules do not authorise Approved Users to contravene any Commonwealth, State or Territory laws.

Q. Further information

55. Further information about the SPV Initiative is available on the Clean Energy Regulator’s website.


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http://www.cleanenergyregulator.gov.au/RET/Scheme-participants-and-industry/Solar-Panel-Validation-initiative

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Schedule 1 – Glossary

Term Definition/Explanation

Accredited Installer Means an installer that is accredited by the CEC to install small-scale renewable energy systems including Solar Panels

Agent means a registered person who is able to create certificates on behalf of owners of eligible small-scale installations

Approved Certifier means a party that is able to approve use of the SPV logo in accordance with the Rules

Approved Entity means an Australian based manufacturer or an Australian based authorised supplier for an overseas manufacturer that:

a. has been subject to organisational due diligence completed by the CER;

b. has been approved by the CER to provide Solar Panel data to a Verification Service Provider for the purposes of the Initiative;

c. is listed on GitHub by the CER as an approved entity

d. has entered into an arrangement to provide accurate and timely Database information, including Solar Panel Serial Number data, to a Verification Service Provider

e. has current modules on the Clean Energy Council Approved Modules List that meet Australian Standards and is responsible for meeting manufacturer warranty obligations under Australian Consumer Law.

Approved Modules List means the list of building approved (fire-tested) Solar Panel modules that meet the terms and conditions set by the CEC as published on its website from time to time

Approved Users means the parties that are approved to use the SPV logo in accordance with the Rules

Approved User Role means the category of Approved User (i.e. Verification Service Provider, Installer App Provider, Approved Entity, Installer, Agent, Retailer) that


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Schedule 2 – Certification requirements for specified services (by Approved User Role)

SPV logo Approved User Role

Certification requirements to obtain certification for Specified Services

Certification requirements to maintain certification for Specified Services

Evidence that may support certification decisions

Verification Service Provider

Meets the definition of Verification Service Provider in Schedule 1 of these Rules

Has entered a Deed with CER

Has been approved by the Approved Certifier to use the SPV Logo

Signs Written Agreement including agreeing to use the SPV logo only in relation to the provision of its Specified Services

Provides samples of products, packaging, online promotional materials etc. seeking to bear the SPV logo, for examination

Meets the definition of Verification Service Provider in Schedule 1 of these Rules

Maintains compliance with the Deed it has entered with CER

Maintains compliance with the Written Agreement

Provides samples of products, packaging, online promotional materials etc. bearing the SPV logo, for examination

Signed Verification Service Provider Deed and history of compliance

Signed Written Agreement and history of compliance

Verification Service Provider records to demonstrate compliance with these Rules and the User Guidelines in their use of the SPV logo (e.g. online links, photos of promotional items, products, materials etc.)

Approved Certifier assessment tools and access to data stores (e.g. from a Verification Service Provider, CEC, REC Registry, other CER or online data sources)


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SPV logo Approved Users




Installer App Provider

Meets the definition of Installer App Provider in Schedule 1 of these Rules

Has entered a Deed with CER



Provides samples of products, packaging, online promotional materials etc. seeking to bear the SPV logo, for examination

Meets the definition of Installer App Provider in Schedule 1 of these Rules

Maintains compliance with the Deed it has entered with CER



Signed Installer App Provider Deed and history of compliance

Signed Written Agreement and history of compliance

Installer App Provider records to demonstrate compliance with these Rules and the User Guidelines in their use of the SPV logo (e.g. online links, photos of promotional items, products, materials etc.)

Approved Certifier assessment tools and access to data stores (e.g. from a Verification Service Provider, CEC, REC Registry, other CER or online data sources)



Certification requirements to maintain certification for



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Accredited Installer

Meets the definition of Installer in Schedule 1 of these Rules

Has been approved by the Approved Certifier to

Meets the definition of Installer in Schedule 1 of these Rules

Maintains compliance with the Written

Installer App Provider’s confirmation of an installer’s active app use

Installer’s records of all


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Agent Meets the definition of Agent in Schedule 1 of these Rules



Meets the definition of Agent in Schedule 1 of these Rules


Provides samples of products, packaging, online promotional materials etc. bearing the SPV logo,

Agent records of STC claims (e.g. REC Registry data)

Signed Written Agreement and compliance history

Records to demonstrate compliance with these Rules and the User Guidelines in


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Retailer Meets the definition of Retailer in Schedule 1 of these Rules

Is a Clean Energy Council Approved Solar Retailer

Has been approved by the Approved Certifier (CER) to use the SPV Logo


Provides samples of products, packaging, online promotional materials etc. seeking to bear the SPV logo,

Meets the definition of Retailer in Schedule 1 of these Rules



Maintains that at least 75% (monthly average) of all Solar Panels by brands approved to participate in SPV and

Retailer’s records of customer sales of solar panels (by brand) approved to participate in SPV and associated with an STC claim

Signed Written Agreement and compliance history

Retailer’s records to demonstrate compliance with these Rules and the User Guidelines in their use of the SPV logo (e.g. online links, photos of promotional items, products, materials


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Schedule 3 – Approved user role descriptions and links to SPV logo information for consumers

When featuring the SPV logo online Approved Users must provide a current hyperlink to the Approved Certifier’s SPV logo information webpage at the CER website. The SPV logo information webpage will include a qualifying statement for each SPV logo Approved User role, information about the SPV logo, Rules, User Guidelines and the SPV Initiative.

Verification Service Providers

Verification Service Providers must use the SPV logo together with the words “Verification Service Provider” in the formats specified in the User Guidelines.

Installer App Providers

Installer App Providers must use the SPV logo together with the words “Installer App Provider” in the formats specified in the User Guidelines.

Approved Entities

Approved Entities must use the SPV logo together with the words “Manufacturer/importer” in the formats specified in the User Guidelines.


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Accredited Installers

Accredited Installers must use the SPV logo together with the words “Accredited Installer” in the formats specified in the User Guidelines.

Agents

Agents must use the SPV logo together with the word “Agent” in the formats specified in the User Guidelines.

Retailers

Retailers must use the SPV logo together with the word “Retailer” in the formats specified in the User Guidelines.

Approved Users with multiple roles

Approved Users with approved multiple roles have the option of using the SPV logo in conjunction with their role descriptions presented in a stacked format as shown in the User Guidelines.

Schedule 4 – SPV logo

[To be provided]

Schedule 5 – User Guidelines

[To be provided]


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Draft SPV logo rules for consultation · Web viewRetailer’s records of customer sales of solar...

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