Under the transitional measures, customers who purchased or leased systems (or entered into a legally binding agreement to do so) by 27 October 2010 can still be eligible to receive the previous 60 cent gross tariff if their application for connection is received by the distributor by 18 November 2010. For all eligible systems purchased or leased after 27 October 2010, a new gross tariff rate of 20 cents per kilowatt hour now applies.
The date of 18 November 2010 is fixed by legislation and cannot be extended. Any application which is not received by 18 November 2010 cannot be considered for the 60 cent tariff rate. Evidence of the purchase agreement for the system, including date of purchase, may be required from customers and installers in order for customers to receive the 60 cent tariff rate.
Customers can be required to submit information by statutory declaration to confirm their eligibility under the Scheme. Penalties for false declarations are severe, with imprisonment of up to seven years liable to be imposed on any person convicted of wilfully making a false declaration to derive a material benefit.
Industry & Investment NSW is developing a comprehensive compliance program that will include audits of customers and installers. Compliance with the transitional measures will be particularly targeted under this program.
Enforcement action will be considered against any installer or customer where:
- customers sign but do not date their agreements and/or installers ask customers to sign but not date their agree, or
- back date agreements to 27 October 2010 and/or installers ask their staff to back date agreements to 27 October 2010
in an attempt to arrange for the customer to receive the 60 cent tariff rate.
Industry and Investment NSW