Golden International Trading Pty Ltd v Independent Pricing and Regulatory Tribunal [2018] NSWCATAD 189

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Golden International Trading Pty Ltd v Independent Pricing and Regulatory Tribunal [2018] NSWCATAD 189 Hearing dates: 6 August 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: N Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – merits review – failure to conduct audit as required – cancellation of accreditation – appropriate sanction Legislation Cited: Electricity Supply Act 1995 Category: Principal judgment Parties: Golden International Trading Pty Ltd (Applicant) Independent Pricing and Regulatory Tribunal (Respondent) Representation: Applicant: Ms K Ye, Public Officer of the Applicant Respondent: Crown Solicitor's Office File Number(s): 2018/00129506 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The Applicant, Golden International Trading Pty Ltd (Golden), was an Accredited Certificate Provider (ACP) under the NSW Energy Savings Scheme (the Scheme) in relation to its Energy Efficient Lighting Upgrade accreditation. When businesses or householders reduce their energy use through the acquisition of energy saving devices, an ACP may be able to create energy savings certificates (ESCs) in relation to energy the project saves. Electricity retailers, who are mandatory Scheme participants, then buy the ESCs to meet their own legislated targets. 2. The Respondent, the Independent Pricing and Regulatory Tribunal, is the Scheme Administrator: s 153 of the Electricity Supply Act 1995 (the Act). 3. The Act, the Electricity Supply (General) Regulation 2014 (Regulation) and the Energy Savings Scheme Rule of 2009 (Rule) establish the Scheme. Under s 137(2) of the Act, the Scheme Administrator may cancel an accreditation on such grounds as may be specified in the Regulation. Clause 42(1)(c) of the Regulation relevantly provides that the Scheme Administrator may cancel an ACP's accreditation on the grounds that the Scheme Administrator is satisfied that the person has contravened a condition to which the accreditation is subject. 4. Clause 56 of the Regulation empowers the Scheme Administrator to conduct audits of ACPs, or require audits to be conducted, at any time. 5. The delegate of the Scheme Administrator (the Scheme Administrator) required Golden to conduct an audit, and when it failed to comply, cancelled Golden's accreditation. That decision was affirmed on internal review. Golden now seeks review of that decision pursuant to s 171(2)(b) of the Act.