1Short titleThis regulation may be cited as the Rural and Regional Adjustment (Community Housing Energy Upgrades Rebate Scheme) Amendment Regulation 2026.2Regulation amendedThis regulation amends the Rural and Regional Adjustment Regulation 2011.3Insertion of new sch 66After schedule 65—insert—Schedule 66Community Housing Energy Upgrades Rebate Schemesection 3(1)Part 1Preliminary1Purpose of assistanceThe purpose of assistance under the scheme is to encourage registered providers to—

(a)buy energy upgrade measures; and

(b)install the energy upgrade measures in or for eligible dwellings.

2Definitions for scheduleIn this schedule—assistance agreement see section 16(a).building means a building under the Building Act 1975.Building Code of Australia see the Building Act 1975, section 12.class 1a building—

(a)means a class 1a building under the Building Code of Australia; and

(b)includes a granny flat.

class 2 building means a class 2 building under the Building Code of Australia.community housing service see the Housing Act 2003, section 8(3).conditional approval means conditional approval for assistance under the scheme given under section 12(5).electrical installation see the Electrical Safety Act 2002, section 15.eligible ceiling insulation means ceiling insulation that—

(a)complies with AS/NZS 4859.1:2018 (Thermal insulation materials for buildings); and

(b)has a minimum thermal resistance rating of R3.0; and

(c)is not electrically conductive ceiling insulation under the Electrical Safety Regulation 2013, section 92.

eligible dwelling means a class 1a building, or a sole-occupancy unit in a class 2 building—

(a)situated in Queensland; and

(b)used for providing a community housing service.

eligible solar PV system see section 5.energy-efficient hot water system means a heat-pump hot water system or solar hot water system.energy upgrade measure see section 3(1).final approval means final approval for assistance under the scheme given under section 25(5).granny flat means a small building on a lot that—

(a)is capable of providing self-contained accommodation; and

(b)is not—

(i)a house, or other main building used for residential purposes, on the lot; or

(ii)a manufactured home under the Manufactured Homes (Residential Parks) Act 2003; or

(iii)a caravan, even if modified so it can not be moved in a way ordinarily used to transport a caravan.

high risk construction work see the Work Health and Safety Regulation 2011, section 291.installation, of an energy upgrade measure, in or for an eligible dwelling, see section 4.lot means—

(a)a lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980; or

(b)a lot under the Land Title Act 1994.

primary measure see section 3(2).registered provider see the Housing Act 2003, schedule 4.safe work method statement see the Work Health and Safety Regulation 2011, schedule 19.scheme means the scheme set out in this schedule.sole-occupancy unit means a sole-occupancy unit under the Building Code of Australia.supplementary measure see section 3(3).supporting quote see section 9(2)(b).3Meaning of energy upgrade measure, primary measure and supplementary measure(1)An energy upgrade measure is—

(a)a primary measure; or

(b)a supplementary measure.

(2)Each of the following things is a primary measure—

(a)a draught-proofing measure;

(b)an electric cook-top;

(c)an electric oven;

(d)eligible ceiling insulation;

(e)an eligible solar PV system;

(f)an energy-efficient air conditioner;

(g)an energy-efficient hot water system;

(h)an external window-shading measure;

(i)a high-performance glazed window.

(3)Each of the following things is a supplementary measure—

(a)a direct-current ceiling fan;

(b)an LED light fixture.

(4)In this section—draught-proofing measure means a substance or other thing designed to seal a gap in a building against inflows of air.energy-efficient air conditioner means a split-cycle air conditioner that—

(a)has an energy rating for the air conditioner’s cooling function of at least 4 stars; and

(b)if the air conditioner has a heating function—has an energy rating for the function of at least 3 stars.

energy rating, for an air conditioner’s cooling or heating function, means the rating shown for the function on the energy rating label required or permitted, under a GEMS determination, to be communicated in connection with the retail supply, or offer of retail supply, of the air conditioner.external window-shading measure means a device or structure, outside a window, that is designed to block or reduce the passing of direct sunlight through the window.Examples of types of measures—window awning, window shutter, external blind, external louvresGEMS determination means a GEMS determination in force under the Greenhouse and Energy Minimum Standards Act 2012 (Cwlth).high-performance glazed window means a window designed to improve the thermal insulation of a building in which it is installed.4Meaning of installation of energy upgrade measure in or for eligible dwellingThe installation of an energy upgrade measure in or for an eligible dwelling—

(a)includes the carrying out of—

(i)work that is necessary to install the measure or prepare the dwelling for the installation; andExamples of types of work for subparagraph (i)—modifying a circuit, upgrading a switchboard

(ii)other work required only because of the installation; butExample of types of work for subparagraph (ii)—decommissioning, disposing of, recycling or removing a thing

(b)does not include the carrying out of work that would be required regardless of the installation.Example of types of work for paragraph (b)—carrying out general maintenance or a repair

5Meaning of eligible solar PV system(1)A solar PV system is an eligible solar PV system if—

(a)the system has—

(i)a system capacity of at least 3kW; and

(ii)a generation signalling device; and

(b)the system’s inverter is of a type stated in the approved inverters list; and

(c)the system’s solar panels are all of a type stated in the approved modules list; and

(d)the system is purchased from a retailer whose name is included in the approved sellers directory; and

(e)the system was designed by an accredited solar PV designer.

(2)In this section—accredited solar PV designer means a person who holds accreditation from Solar Accreditation Australia Limited ACN 666 008 368 for—

(a)grid connected photovoltaic systems design; or

(b)grid connected photovoltaic systems design and installation.

approved inverters list means the document called ‘Approved inverters list’ made by, and published on the website of, the Clean Energy Council.approved modules list means the document called ‘Approved modules list’ made by, and published on the website of, the Clean Energy Council.approved sellers directory means the searchable public directory of approved sellers that is available on the website for the New Energy Tech Consumer Code program.Clean Energy Council means Clean Energy Council Limited ACN 127 102 443.generation signalling device, for a solar PV system, includes—

(a)an integrated generation signalling device that is built into the system’s inverter; and

(b)a standalone generation signalling device that is connected to the system when the system is installed.

New Energy Tech Consumer Code program means the program, administered by the Clean Energy Council, that publishes recommended consumer protection standards for renewable energy technologies.solar PV system means a solar photovoltaic system.system capacity, for a solar PV system, means the lower of the following—

(a)the capacity of the system’s inverter;

(b)the total capacity of the system’s panels.

Part 2General provisions for schemeDivision 1Nature and amount of assistance6Nature of assistanceThe nature of the assistance available under the scheme is a rebate to offset the costs to a registered provider of—

(a)buying an energy upgrade measure; and

(b)having the energy upgrade measure installed in or for an eligible dwelling.

7Amount of assistance(1)The amount of the rebate payable under the scheme for the purchase and installation of energy upgrade measures in or for an eligible dwelling is the total of—

(a)the lesser of the following amounts—

(i)$4,500;

(ii)subject to subsections (2) to (4), the total amount of the costs incurred by the registered provider for the purchase and installation of all energy upgrade measures for the dwelling; and

(b)the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a)(i) or (ii).

(2)For subsection (1)(a)(ii), the costs for the installation of an energy upgrade measure that is eligible ceiling insulation includes the costs the authority considers reasonable associated with—

(a)arranging for the inspection and testing of the electrical installation mentioned in section 21(2)(a); and

(b)obtaining the certificate for the inspection and testing mentioned in section 21(2)(b); and

(c)if relevant, obtaining the safe work method statement mentioned in section 21(4).

(3)Subsection (4) applies for working out the total amount mentioned in subsection (1)(a)(ii) if an energy upgrade measure is an energy-efficient hot water system installed to service—

(a)2 or more eligible dwellings that are class 1a buildings on the same lot; orExample for paragraph (a)—a house and a granny flat

(b)2 or more eligible dwellings in or for a class 2 building.

(4)The amount incurred by the registered provider for the purchase and installation of the energy-efficient hot water system for each eligible dwelling is taken to be the amount worked out using the formula—where—A means the amount the registered provider is taken to have incurred for the purchase and installation of the hot water system for the dwelling.B means the amount the registered provider paid for the purchase and installation of the hot water system.C means the number of eligible dwellings to be serviced by the hot water system.Division 2Operational period8Operational period of scheme(1)The scheme—

(a)opens on the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme opens; and

(b)closes on the earlier of the following days—

(i)the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme closes;

(ii)the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.

(2)In this section—housing chief executive means the chief executive of the housing department.housing department means the department in which the Housing Act 2003 is administered.Part 3Conditional approval for assistanceDivision 1Applying for conditional approval9Eligibility criteria for conditional approval(1)This section provides for the eligibility of a registered provider for conditional approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling. (2)The registered provider is eligible for conditional approval for the assistance if the provider—

(a)owns the eligible dwelling; and

(b)has obtained a quote for the purchase and installation of the energy upgrade measure (the supporting quote)—

(i)before applying for the conditional approval; and

(ii)while the scheme is open under section 8; and

(c)has not bought the energy upgrade measure or had the measure installed.

(3)However, the registered provider is not eligible for conditional approval for assistance for the eligible dwelling if the provider or another person has previously received assistance under the scheme for the dwelling.(4)For subsection (3), a person is taken not to have received an amount of assistance the person has repaid under section 17.(5)In this section—quote—

(a)for the purchase of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price of the measure; and

(b)for the installation of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price and installation costs of the measure.

Examples of types of listings for definition quote—a listing published on a retailer’s website, a listing published in a retailer’s catalogue10Application for conditional approval(1)A registered provider may apply for conditional approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.(2)The application must—

(a)be made in the approved form; and

(b)relate to all energy upgrade measures, including at least 1 primary measure, sought for the eligible dwelling; and

(c)if the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings; and

(d)be accompanied by—

(i)a copy of the supporting quote for each energy upgrade measure; and

(ii)any other documents stated in the form.

11Requesting further information for application for conditional approval(1)The authority may ask an applicant to provide further information required to decide an application for conditional approval.(2)If the authority asks the applicant to provide further information—

(a)the applicant must provide the information within—

(i)14 days after the request; or

(ii)a longer period allowed by the authority; and

(b)the authority is required to consider the application only if the applicant complies with the request.

(3)If the applicant does not comply with a request made by the authority under subsection (1) within the required period, the application is taken to be withdrawn.12Deciding application for conditional approval (1)The authority must consider and decide applications for conditional approval for assistance in the order the applications are received by the authority. (2)If an application for conditional approval relates to 2 or more energy upgrade measures or eligible dwellings, subsections (3) to (5) apply to the extent the application relates to each of the measures or dwellings.(3)The authority must—

(a)decide to approve, or refuse to approve, an application for conditional approval; and

(b)give the applicant written notice of the decision.

(4)The authority must refuse to approve an application for conditional approval for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.(5)If the authority approves an application for conditional approval for assistance, the authority must give the applicant conditional approval for the assistance.(6)However, the authority may give an applicant conditional approval for the purchase and installation of a supplementary measure for an eligible dwelling only if the authority gives the applicant conditional approval for the purchase and installation of a primary measure for the dwelling.(7)Subsections (1) and (3) apply subject to section 11.Division 2Payment and conditions of assistance under conditional approvalSubdivision 1Preliminary13Application of divisionThis division applies if the authority gives a registered provider conditional approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.Subdivision 2Payment of assistance14Part payment of rebate under conditional approval(1)The authority must make a part-payment of the assistance to the registered provider in an amount equal to the total of—

(a)the lesser of the following amounts—

(i)$2,250;

(ii)the amount that is 50% of the total of the amounts stated in the supporting quotes for each energy upgrade measure given conditional approval for the eligible dwelling; and

(b)the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a)(i) or (ii).

(2)The amount worked out under subsection (1)(a)(ii) must be rounded to the nearest dollar (rounding one-half upwards).(3)This section applies subject to subdivision 3.Subdivision 3Conditions of assistance15Conditions of conditional approval for assistanceThe conditional approval is subject to the conditions mentioned in sections 16 to 18.16Agreement for assistanceThe registered provider must—

(a)enter into a written agreement (the assistance agreement) with the authority including—

(i)the terms on which the part-payment of the assistance must be made; and

(ii)the terms on which the payment of the remainder of the assistance is to be made if final approval is given for the payment of the assistance; and

(b)comply with the terms of the agreement.

17Repayment of assistance on conditional approvalThe registered provider must repay the amount of the part-payment of the assistance to the authority if—

(a)the provider does not apply for final approval for assistance for the purchase and installation of at least 1 primary measure for the eligible dwelling by the day required under section 23(2); or

(b)the provider’s application for final approval for assistance for the eligible dwelling is taken to have been withdrawn under section 24(3); or

(c)the authority does not give final approval for assistance for at least 1 primary measure for the eligible dwelling, other than because the authority’s assistance funds are insufficient to pay the assistance; or

(d)the provider does not comply with the terms of the assistance agreement.

18Information sharing for permitted purpose(1)This section applies in relation to information, other than personal information, included in, or accompanying, the registered provider’s application for the conditional approval.(2)The registered provider must consent to—

(a)the authority sharing the information with the chief executive of a relevant department for the purpose (the permitted purpose) of evaluating the operation of the scheme and the implementation of the social housing energy performance initiative, including, for example, by modelling energy savings and emission reductions; and

(b)the chief executive of a relevant department sharing the information with the chief executive of another relevant department for the permitted purpose.

(3)In this section—personal information see the Information Privacy Act 2009, section 12.relevant department means any of the following departments—

(a)the department in which the Housing Act 2003 is administered;

(b)the department in which the Electricity Act 1994 is administered;

(c)the Commonwealth department in which the Clean Energy Regulator Act 2011 (Cwlth) is administered.

social housing energy performance initiative means the energy program of that name initiated by the Commonwealth.Part 4Final approvalDivision 1Applying for final approval19Eligibility criteria for final approval for assistance—general(1)This section provides for the eligibility of a registered provider for final approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling. (2)The registered provider is eligible for final approval for the assistance if the provider—

(a)still owns the eligible dwelling; and

(b)has received conditional approval for the assistance; and

(c)has bought the energy upgrade measure; and

(d)ensures the energy upgrade measure has been installed in or for the eligible dwelling; and

(e)for the installation of an energy upgrade measure mentioned in any of sections 20 to 22—has complied with the section; and

(f)has complied with the terms of the assistance agreement; and

(g)applies for the final approval under this division.

(3)However, the registered provider is not eligible for final approval for assistance for the eligible dwelling if the provider or another person has previously received final approval for assistance under the scheme for the dwelling.20Additional requirement for installation of measure requiring particular licence(1)This section applies in relation to the installation of an energy upgrade measure requiring—

(a)an electrical work licence under the Electrical Safety Act 2002; or

(b)a licence under the Plumbing and Drainage Act 2018; or

(c)a licence under the Queensland Building and Construction Commission Act 1991.

(2)The registered provider must ensure the energy upgrade measure is installed by a holder of the licence under the relevant Act mentioned in subsection (1). 21Additional requirements for installation of eligible ceiling insulation(1)This section applies in relation to the installation of an energy upgrade measure that is eligible ceiling insulation. (2)The registered provider must—

(a)arrange for a licensed electrical contractor to inspect and test the existing electrical installation in the ceiling structure of the eligible dwelling within 30 days before the eligible ceiling insulation is installed; and

(b)obtain a certificate from the contractor stating the contractor—

(i)has carried out the inspection and testing; and

(ii)is satisfied the existing electrical installation is electrically safe.

(3)The registered provider must ensure the eligible ceiling insulation is installed by a person who holds a certification as an insulation installer issued by Energy Efficiency Council Inc. ABN 63 136 469 291.(4)If the installation involves high risk construction work, the registered provider must obtain a copy of the safe work method statement for the work prepared under the Work Health and Safety Regulation 2011, section 299(1). (5)In this section—licensed electrical contractor see the Electrical Safety Act 2002, schedule 2.22Additional requirement for installation of eligible solar PV system(1)This section applies in relation to the installation of an energy upgrade measure that is an eligible solar PV system. (2)The registered provider must ensure the eligible solar PV system is installed by an accredited solar PV installer. (3)In this section—accredited solar PV installer means a person who holds accreditation from Solar Accreditation Australia Limited ACN 666 008 368 for—

(a)grid connected photovoltaic systems installation; or

(b)grid connected photovoltaic systems design and installation.

23Application for final approval(1)This section applies to a registered provider who has received conditional approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.(2)The registered provider must apply for final approval for assistance for an energy upgrade measure for the eligible dwelling before—

(a)the day (the initial due day) that is 6 months after the day the provider received written notice of the conditional approval under section 12(3) (the conditional approval day); or

(b)if the authority considers it is not reasonably practicable for the provider to have applied for final approval before the initial due day—a later day, within 8 months after the conditional approval day, decided by the authority and notified in writing to the provider.

(3)The application must—

(a)be made in the approved form; and

(b)relate to all energy upgrade measures, including at least 1 primary measure, for which final approval is sought for the eligible dwelling; and

(c)if the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings.

(4)The application must be accompanied by—

(a)if the application relates to installation of an energy upgrade measure mentioned in any of sections 20 to 22—evidence, to the satisfaction of the authority, that the measure has been installed in compliance with the section; and

(b)without limiting paragraph (a), for the installation of an energy upgrade measure that is eligible ceiling insulation—

(i)a copy of the certificate mentioned in section 21(2)(b); and

(ii)if the installation involves high risk construction work—a copy of the safe work method statement for the work; and

(c)a copy of each tax invoice for the purchase and installation of each energy upgrade measure; and

(d)for the installation of an energy upgrade measure that is eligible ceiling insulation—a copy of each tax invoice for the costs associated with—

(i)arranging for the inspection and testing of the electrical installation mentioned in section 21(2)(a); and

(ii)obtaining the certificate for the inspection and testing mentioned in section 21(2)(b); and

(iii)if relevant, obtaining the safe work method statement mentioned in section 21(4); and

(e)evidence, to the satisfaction of the authority, that the applicant has paid each tax invoice; and

(f)any other documents stated in the form.

(5)Subsection (4)(d) does not prevent the costs mentioned in subsection (4)(d) being included in a tax invoice mentioned in subsection (4)(c).24Requesting further information for application for final approval(1)The authority may ask an applicant to provide further information required to decide an application for final approval.(2)If the authority asks the applicant to provide further information—

(a)the applicant must provide the information within—

(i)14 days after the request; or

(ii)a longer period allowed by the authority; and

(b)the authority is required to consider the application only if the applicant complies with the request.

(3)If the applicant does not comply with a request made by the authority under subsection (1) within the required period, the application is taken to be withdrawn.25Deciding application for final approval(1)The authority must consider and decide applications for final approval for assistance in the order they are received by the authority. (2)If an application for final approval relates to 2 or more energy upgrade measures or eligible dwellings, subsections (3) to (5) apply to the extent the application relates to each of the measures or dwellings.(3)The authority must—

(a)decide to approve, or refuse to approve, an application for final approval for assistance; and

(b)give the applicant written notice of the decision.

(4)The authority must refuse to approve an application for final approval for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.(5)If the authority approves an application for final approval for assistance, the authority must give the applicant final approval for the assistance.(6)However, the authority may give an applicant final approval for the purchase and installation of a supplementary measure for an eligible dwelling only if the authority gives the applicant final approval for the purchase and installation of a primary measure for the dwelling.(7)Subsections (1) and (3) apply subject to section 24.Division 2Payment and conditions of assistance under final approval26Application of divisionThis division applies if the authority gives a registered provider final approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.27Calculation and payment of remainder of rebate under final approval(1)The authority must, under section 7, work out the total amount of the rebate for the costs of the purchase and installation of the energy upgrade measures given final approval for the eligible dwelling.(2)Subsection (3) applies if the authority is satisfied the total amount of the rebate is more than the total amount of the part-payment under section 14 for the energy upgrade measures given conditional approval for the eligible dwelling.(3)The authority must pay the registered provider the difference between the amounts.(4)This section applies subject to section 28.28Conditions of final approval for assistance(1)The final approval is subject to the conditions under subsections (2) to (4).(2)Subsection (3) applies if the authority is satisfied the total amount of the rebate for the costs of the purchase and installation of the energy upgrade measures given final approval for the eligible dwelling is less than the total amount of the part-payment under section 14 for the measures given conditional approval for the dwelling.(3)The registered provider must pay the authority the difference between the amounts.(4)The condition for information sharing mentioned in section 18 applies in relation to the final approval as if the reference in that section to the registered provider’s application for the conditional approval were a reference to the provider’s application for the final approval.