Solar Homes Program general terms and conditions

Background

The State of Victoria through Solar Victoria within the Department of Energy, Environment and Climate Action (Solar Victoria) administers the discretionary financial benefit and loan ‘Solar Homes’ program for the purpose of supporting the uptake and accessibility of solar energy products including solar panels, solar hot water systems and solar battery systems in residential properties (Solar Homes Program).

Overview of your acknowledgements and agreement

Without limiting these Terms and Conditions:

Solar Victoria may provide a Solar Homes Rebate and/or Solar Homes Loan if it is satisfied that you meet and comply with the relevant Eligibility Criteria and you have fulfilled all other Solar Victoria conditions, including those set out in these Terms and Conditions;
you may only use the Solar Homes Rebate and/or Solar Homes Loan to assist you with the Supply and Installation Cost of the Solar System, Solar Battery System and/or the Solar Hot Water System selected by you in your application to be installed at your Nominated Property;
you agree that you satisfy the relevant Eligibility Criteria and all information you have disclosed to support your application for a Solar Homes Rebate and/or Solar Homes Loan is true, complete, accurate and not misleading;
you acknowledge and consent to Solar Victoria collecting information regarding the past and future electricity use at the Nominated Property;
Solar Victoria may reject or cancel your application for a Solar Homes Rebate and/or Solar Homes Loan, or if Solar Victoria has already paid the Solar Homes Rebate and/or Solar Homes Loan, seek reimbursement of that rebate and/or loan, under certain circumstances provided in these Terms and Conditions; and
by making an application for a Solar Homes Rebate and/or Solar Homes Loan, you accept, and agree to be bound by, these Terms and Conditions.

1. Definitions

In these Terms and Conditions:

Applicant or you means the applicants who apply for a Solar Homes Rebate and/or Solar Homes Loan (as applicable).

Authorised Solar Retailer means a retailer of Solar Systems, Solar Battery Systems and/or Solar Hot Water systems who:

meets the mandatory eligibility criteria for retailers specified from time to time in the Notice to Market; and
is listed as an Authorised Solar Retailer on Solar Victoria’s website.

Building Integrated Photovoltaics (BIPV) means integrated solar panel walls, facades and roofs and any associated equipment. BIPV are not an eligible system and are not included in the Solar Victoria list of approved products.

Business Day means a day that is not a Saturday, Sunday or public holiday in Melbourne.

Certificate of Electrical Safety means a Certificate of Electrical Safety issued under the Electricity Safety Act 1998 (Vic) and Electricity Safety (General) Regulations 2019 (Vic) for the supply and installation of an Eligible System.

Consequential Loss means economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage, loss of data or other loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage.

Costs includes costs, charges, expenses and fees, including fees, costs, charges and expenses for legal and other advisers (on a full indemnity basis).

DNSP Pre-Connection Approval means pre-approval from the relevant local distribution network service provider (DNSP) for the connection of the Solar Battery System to the electricity distribution network.

Eligible System means (as the context requires) one or more of the following categories of system:

a Solar System;
a Solar Battery System; or
a Solar Hot Water System.

For clarity, a Building Integrated Photovoltaics (BIPV) is not an Eligible System.

Eligibility Criteria means the relevant criteria to be eligible for the Solar Homes Rebate and/or Solar Homes Loan as published by Solar Victoria at www.solar.vic.gov.au (and as varied by Solar Victoria in its absolute discretion from time to time).

Event of Default means any event or circumstance specified in clause 8.1 of these Terms and Conditions.

Government Authority means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, government or department, commission, body, instrumentality, minister, tribunal or court, agency or other authority (whether of the State of Victoria, another Australian State or territory or the Commonwealth of Australia).

Law means:

acts, ordinances, regulations, by-laws, orders, awards and proclamations in force in the State of Victoria;
binding requirements, orders, and/or directives and mandatory approvals (including conditions) of a Government Authority which have the force of law,

whether now or at any time in the future in effect.

Loss means any loss, damage, Cost, expense, claim, charge, liability, suit, action, penalty, compensation, fine or outgoing suffered, paid or incurred whether direct or indirect or consequential, present or future, fixed or unascertained, actual or contingent and whether arising under an indemnity, in contract (including any breach of these Terms and Conditions), in equity (including breach of an equitable duty, breach of confidentiality or breach of fiduciary duty), under statute (including breach of statutory duty to the maximum extent possible), in tort (including for negligence or negligent misrepresentation) or otherwise (including in restitution), and includes Consequential Loss.

Maximum Rebate Amount means the maximum rebate amount published and varied from time to time by Solar Victoria at www.solar.vic.gov.au.

Nominated Property means the residential property, owned by the Applicant and on which the Eligible System is nominated to be installed.

Notice to Market means a notice published by Solar Victoria from time to time at www.solar.vic.gov.au/notice-to-market.

Plumbing Certificate of Compliance means a compliance certificate that complies with the Building Act 1993 (Vic).

Rebate Amount means (as applicable):

in relation to a Solar System, 50% of the Supply and Installation Cost for the Solar System;
in relation to a Solar Battery System, 50% of the Supply and Installation Cost for the Solar Battery System; or
in relation to a Solar Hot Water System, 50% of the Supply and Installation Cost for the Solar Hot Water System,

in each case up to the Maximum Rebate Amount.

Solar Battery System means a solar battery system included in the Solar Victoria product list, as varied from time to time by Solar Victoria, and published by Solar Victoria at www.solar.vic.gov.au.

Solar Homes Loan means a loan amount advanced to the Applicant(s) by way of payment to the Authorised Solar Retailer under the Solar Homes Program and in accordance with the relevant Solar Homes Program loan contract.

Solar Homes Program has the meaning given in the Background to these Terms and Conditions.

Solar Homes Rebate means the applicable Rebate Amount paid by Solar Victoria to the Authorised Solar Retailer on the Applicant’s behalf and under the Solar Homes Program.

Solar Hot Water System means a solar hot water system, including heat pumps, and any associated equipment included in:

the Solar Victoria product list, as varied from time to time by Solar Victoria, and published by Solar Victoria at www.solar.vic.gov.au; and
the Clean Energy Regulator’s Register List of Registered Solar Hot Water Heaters and the Victorian Essential Services Commission Registered Products List.

Solar System means a solar photovoltaic system and any associated equipment included in the Solar Victoria product list, as varied from time to time by Solar Victoria, and published by Solar Victoria at www.solar.vic.gov.au.

Solar Victoria has the meaning given in the Background to these Terms and Conditions.

STC Assignment Form means the small-scale technology certificate assignment form.

Supply and Installation Cost means the cost of supply and/or installation of an Eligible System at the Nominated Property for the Applicant less any discounts.

Tax Invoice has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Taxes means any taxes, rates, levy, impost, duties or other charges assessed or payable to any Government Authority and includes any additional taxes, interests, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.

Terms and Conditions means these Solar Homes Program general terms and conditions.

VEEC Assignment Form means the Victorian Energy Efficiency Certificate assignment form.

VEEC/STC Assignment Form means a combined VEEC Assignment Form and STC Assignment Form.

2. Applicant acknowledgements and agreement

The Applicant acknowledges and agrees that:

the Applicant:
1. must not apply for and is not eligible for more than one Solar Homes Rebate for the same category of Eligible System, unless the rebate is for an Eligible System set out in clause 2(b);
2. must not apply for and is not eligible for more than one Solar Homes Loan for the same category of Eligible System, unless the loan is for an Eligible System set out in clause 2(b); and
3. must not apply for and is not eligible for either:
  1. a Rebate Amount for a Solar System; or
  2. a Solar Homes Loan,
  if the Applicant has received a Rebate Amount in respect of a Solar Battery System;
Clause 2(a)(i) and 2(a)(ii) do not apply to applications submitted for:
1. Eligible Systems installed at a different Nominated Property to that which the Applicant previously received a rebate, and at which the Applicant is the owner occupier at the time of customer application, or
2. replacement of an existing or previously existing Solar System (PV) at a Nominated Property that is or was more than 10 years old at the time of the customer application.
Solar Victoria has absolute discretion to determine matters in relation to the Solar Homes Program from time to time including:
1. the implementation and operation of the Solar Homes Program; and
2. the Eligibility Criteria;
the Applicant is solely responsible for selecting an Authorised Solar Retailer and for satisfying itself that the Nominated Property is suitable for installation of the relevant Eligible System, and neither Solar Victoria nor its contractors warrant as to the standard of care or process that will be undertaken by the Authorised Solar Retailer;
neither Solar Victoria nor the Victorian Government are responsible for the supply or installation of the Eligible System, which must be supplied and installed by an Authorised Solar Retailer. Subject to the balance of this clause, Solar Victoria and the Victorian Government will have no liability to the Applicant for any Loss that arises directly or indirectly in connection with the Solar Homes Program or the installation or operation of the Eligible System;
the Applicant forever releases and discharges each of Solar Victoria and the Victorian Government and agrees to hold each of them harmless from any and all past, present and future claims of any Loss that arises directly or indirectly in connection with the Solar Home Program or the installation or operation of the Eligible System;
Solar Victoria has the right to contact other State, Territory and Commonwealth government agencies, and third-party clean energy industry participants and peak-bodies, to verify information provided by the Applicant in connection with their application for a Solar Homes Rebate and/or Solar Homes Loan;
any information provided by the Applicant in connection with a Solar Homes Rebate and/or a Solar Homes Loan will be retained by Solar Victoria for auditing and program reporting purposes for a sufficient period (or as required by law) to satisfy Solar Victoria’s reporting and record-keeping requirements;
Solar Victoria may contact the Applicant for information in relation to an Authorised Solar Retailer and the Eligible System, and participation in surveys for the purpose of auditing and program reporting purposes; and
Solar Victoria may share the Applicant’s contact details with electricity retailers or distributors about participating in battery trials to maximise the value households obtain from their Solar Battery System.

3. Purpose

The Applicant may only use the Solar Homes Rebate and Solar Homes Loan (as applicable) to assist with the cost of installing the Eligible System approved by Solar Victoria at the Applicant’s Nominated Property.

4. Conditions to receiving the Solar Homes Rebate and/or Solar Homes Loan

4.1 Conditions

Solar Victoria may provide the Solar Homes Rebate and/or Solar Homes Loan, if Solar Victoria is satisfied that:

(receipt of documents and information) it has received the following items in form and substance satisfactory to Solar Victoria:
1. (information from Authorised Solar Retailer) all relevant documents relating to the supply and installation of an Eligible System at the Nominated Property from the Authorised Solar Retailer including:
  1. a Tax Invoice;
  2. a Certificate of Electrical Safety (if applicable);
  3. a Plumbing Certificate of Compliance (if applicable);
  4. a DNSP Pre-Connection Approval (if applicable);
  5. STC Assignment Form or combined STC/VEEC Assignment Form (if applicable); and
  6. VEEC Assignment Form (if applicable).
2. (customer rebate claim form) a customer rebate claim form (if applicable);
3. (customer loan contract form) a Solar Homes Program customer loan contract form (if applicable);
4. (other information) all other information and documents requested by Solar Victoria in connection with the Solar Homes Rebate and/or Solar Homes Loan; and
(representations and warranties) the representations and warranties in clause 6 of these Terms and Conditions are correct and not misleading;
(no Event of Default) no Event of Default has occurred, is subsisting or may occur; and
(Eligibility Criteria) the Applicant meets the relevant Eligibility Criteria.

4.2 Expiry of Solar Homes Rebate and Solar Homes Loan

The Applicant's eligibility for a Solar Homes Rebate and/or a Solar Homes Loan will expire if the conditions set out in clause 4.1 of these Terms and Conditions are not satisfied to Solar Victoria’s satisfaction within four (4) months from the date on which Solar Victoria determines that the Applicant has satisfied the Eligibility Criteria. Where the Nominated Property is not an existing property and is under construction, the Applicant's eligibility for a Solar Homes Rebate for a Solar System will expire if the conditions set out in clause 4.1 of these Terms and Conditions are not satisfied to Solar Victoria’s satisfaction within 270 days from the date on which Solar Victoria determines that the Applicant has satisfied the Eligibility Criteria.

5. Provision of Solar Homes Rebate or Solar Homes Loan

Following Solar Victoria's determination that the conditions in clause 4 of these Terms and Conditions have been satisfied and subject to the finalisation of all other necessary matters by Solar Victoria, Solar Victoria will (as applicable):

pay on the Applicant's behalf the Solar Homes Rebate; and/or
advance to the Applicant the Solar Homes Loan by way of payment,

directly to the Authorised Solar Retailer who completed the supply and installation of the Eligible System at the Nominated Property.

6. Representations and warranties

6.1 Representations and warranties

The Applicant represents and warrants to Solar Victoria that:

(capacity) they act on their own behalf in accepting these Terms and Conditions, and not as a trustee or on another person’s behalf;
(Application) all information disclosed to Solar Victoria to support their application for the Solar Homes Rebate and/or Solar Homes Loan is true, complete, accurate and not misleading;
(Eligibility Criteria) they satisfy the Eligibility Criteria;
(Solar Homes Program) they have not applied or are not seeking to apply for a Rebate Amount or Solar Homes Loan in a manner that is inconsistent with the Eligibility Criteria;
(disposal) the installed Eligible System will be used at the Nominated Property and will not be re-sold or re-located for reasons other than those set out in clause 7.2(h) of these Terms and Conditions;
(Eligible System) the Eligible System installed at the Nominated Property was not installed prior to the Applicant’s application for a Solar Homes Rebate or Solar Homes Loan, unless otherwise permitted and determined by Solar Victoria in accordance with the criteria and conditions published by Solar Victoria at solar.vic.gov.au (and as varied by Solar Victoria in its absolute discretion from time to time);
(solvent) they are not involved in any bankruptcy, insolvency or other similar proceeding;
(non-compliance) to the best of their knowledge, there are no legal, regulatory, contractual or other restrictions that would prevent the Applicant complying with these Terms and Conditions;
(information) they have fully disclosed (in writing) to Solar Victoria all information material to Solar Victoria’s assessment of the nature and amount of risk undertaken by Solar Victoria in entering into and performing the obligations under these Terms and Conditions and such information is accurate and not misleading; and
(no Event of Default) no Event of Default has occurred, subsists or may occur.

6.2 Repetition

The Applicant repeats each representation and warranty in this clause 6 with reference to the facts and circumstances on the application date, the date on which the conditions in clause 4 of these Terms and Conditions are satisfied and (as determined by Solar Victoria) and the date the Solar Homes Rebate and/or Solar Homes Loan (as applicable) is provided.

7. Undertakings

7.1 Notices to Solar Victoria

The Applicant must notify Solar Victoria as soon as they become aware of:

(representation and warranty) any representation or warranty made or repeated, or taken to be made or repeated, by it or on their behalf in connection with their application for a Solar Homes Rebate and Solar Homes Loan (as applicable) becoming untrue, incorrect or misleading when made or taken to be made; and
(Event of Default) an Event of Default occurring, and (if applicable) the steps taken or proposed to be taken to remedy it to Solar Victoria’s satisfaction.

7.2 General undertakings

The Applicant must (unless Solar Victoria otherwise consents in writing, including on a conditional basis):

(access) on reasonable notice, provide Solar Victoria or its contractors with access to the Nominated Property during business hours to carry out inspections or audits of the Eligible System;
(information) provide any information in relation to the Nominated Property, the Authorised Solar Retailer and the Eligible System that Solar Victoria may request from time to time;
(tenants) if the Nominated Property is tenanted, procure that the relevant information and consents in clauses 7.2(b) and 12 of these Terms and Conditions are provided in writing by the tenant to Solar Victoria;
(obligations) comply with their obligations under these Terms and Conditions and not enter into any arrangement which could prevent them from complying with their obligations under these Terms and Conditions;
(no Event of Default) ensure that an Event of Default does not occur;
(operation) not operate or maintain the installed Eligible System in any way which would render the manufacturer’s warranty void;
(maintenance) not permit a person other than a person qualified to maintain an Eligible System to undertake maintenance or any other work on the installed Eligible System;
(disposal) not remove or dispose of the Eligible System from the Nominated Property unless:
1. for the purposes of maintenance or repair in accordance with the relevant manufacturer’s requirements;
2. for the purposes of safety of any person, property or the environment;
3. it is disposed of at a time after the expiry of all warranties provided in respect of that Eligible System; or
4. with the written consent of Solar Victoria; and
(good faith) in its conduct and dealings with (as the context requires) Solar Victoria, its contractors and any other stakeholders, act at all times fairly, honestly, cooperatively, in good faith and in accordance with all applicable Laws.

8. Events of Default

8.1 Events of Default

An Event of Default occurs, whether or not it is within the control of the Applicant, if:

(obligations) the Applicant fails to comply with any obligation under these Terms and Conditions and the breach is incapable of remedy or, where the breach is capable of remedy, fails to remedy that breach to Solar Victoria’s satisfaction within five Business Days of the earlier of:
1. receipt by the Applicant of a notice from Solar Victoria requesting the Applicant to do so; and
2. the Applicant becoming aware of the failure to comply; and
(untrue representation) a representation, warranty or statement made or repeated (or deemed to be made or repeated) by or on behalf of the Applicant to Solar Victoria is or becomes untrue, incomplete, misleading or deceptive in any respect which Solar Victoria considers to be material.

8.2 Consequences of Event of Default

If an Event of Default occurs or subsists, Solar Victoria may give notice to the Applicant declaring that:
1. any pending application for a Solar Homes Rebate and/or Solar Homes Loan is rejected and/or pending payment (in full or in part) of the Solar Homes Rebate and Solar Homes Loan (as applicable) is cancelled; and
2. the Applicant must reimburse all or any part of any Solar Homes Rebate and Solar Homes Loan (as applicable) to Solar Victoria; and
3. Solar Victoria's obligations specified in the notice have been terminated with immediate effect.
If Solar Victoria gives a notice under clause 8.2(a) of these Terms and Conditions, Solar Victoria will not be obliged to make available a Solar Homes Rebate and Solar Homes Loan (as applicable) available to the Applicant under these Terms and Conditions or any other Solar Victoria program, as determined by Solar Victoria in its sole discretion.

9. Costs and expenses

Each party is responsible for its own Costs in connection with any Solar Homes Rebate and/or Solar Homes Loan and these Terms and Conditions.
Solar Victoria has the right to seek recovery of any Costs or Loss from the Applicant in connection with the enforcement of, or the preservation of any rights under, these Terms and Conditions.

10. Notices

Except for general communication undertaken by phone and Solar Victoria's website, legal notices under these Terms and Conditions must be in writing and sent to the address of the recipient specified below or to any other address notified to the other party in writing:
1. Applicant: The Applicant's details provided during the application process.
2. Solar Victoria:
  PO Box 104, Morwell VIC 3840
  Att: Chief Executive Officer
  Email: enquiries@team.solar.vic.gov.au
A notice, consent or communication by email is taken to be in writing and signed by the named sender.
The Applicant agrees to the Electronic Transactions Act 2000 (Vic) applying to communication under these Terms and Conditions. The Applicant further agrees that any notices and communications between Solar Victoria and the Applicant relating to or connected with these Terms and Conditions can be conducted using electronic communications sent to any email address specified by the Applicant and that they agree to enter into contracts with Solar Victoria and interact with Solar Victoria using electronic communication.

11. Privacy and data protection

The Applicant acknowledges that the personal information that Solar Victoria collects is handled in accordance with the Privacy and Data Protection Act 2014 (Vic) for the purposes of administering the Solar Homes Program and assessing the Applicant's eligibility to participate in that program.
Solar Victoria will share the information with other State, Territory and Commonwealth government agencies, Solar Victoria's delivery partners and third-party clean energy industry participants and peak-bodies. Solar Victoria may provide Service Victoria with complete (unredacted) copies of any documents submitted by the Applicant as part of the application process.
Solar Victoria will also use the information, in a de-identified way, to evaluate the effectiveness of the Solar Homes Program and also for the purpose of public policy research into energy affordability and related matters.
Solar Victoria's privacy policy describes the way personal information will be handled by Solar Victoria and is available at Solar Victoria's website (www.solar.vic.gov.au).

12. Collection of electricity data

The Applicant consents to Solar Victoria (or any other Victorian Government entity which administers the Solar Homes Program) collecting information (including on an on-line basis) regarding past and future electricity use, generation and network data at the Nominated Property and the Nominated Property's National Metering Identifier (NMI), including from the Applicant's electricity retailer and the electricity distributor to which the Nominated Property is connected. The Applicant agrees to give any consents or provide any information required by the electricity retailer or distributor or the Australian Energy Market Operator which are required for Solar Victoria (or other relevant Victorian government entity) to receive this information (including the information required as set out in clause 12(b)) of these Terms and Conditions).
Without limiting clause 12(a) of these Terms and Conditions:
1. for the 12-month period prior to the date of the Applicant's application for a Solar Homes Rebate and/or Solar Homes Loan; and
2. for a period of four calendar years from the Applicant’s application for a Solar Homes Rebate and/or Solar Homes Loan(or if the Applicant leaves the property prior to this, to the date the Applicant leaves the Nominated Property),
  
  the Applicant must provide, or consents to Solar Victoria (or any other Victorian Government entity which administers the Solar Homes Program) collecting details of the Applicant's electricity consumption, generation and the rates and charges billed by the Applicant's electricity retailer which can be evidenced by:
3. electricity bills from the Applicant's electricity retailer;
4. household electricity metering data;
5. data from solar photovoltaic and battery inverters;
6. data from solar photovoltaic and battery monitoring software,
  
  provided the relevant documentation details the consumption, rates and charges paid by the Applicant for electricity usage at the Nominated Property for the relevant period.

13. General

13.1 Severability

If any provision of these Terms and Conditions is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and, if this cannot be done, the entire provision is to be severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.

13.2 Governing Law

These Terms and Conditions are governed by the Laws in force in Victoria.

13.3 Inconsistency

Where there is any inconsistency or discrepancy (or similar) between these Terms and Conditions and any other documents related to the Solar Homes Program, the Applicant agrees that Solar Victoria may make a reasonable determination resolving that inconsistency discrepancy or similar issue.

13.4 Interpretation

No rule of construction applies to the disadvantage of the party preparing these Terms and Conditions on the basis that it prepared or put forward these Terms and Conditions.

Reviewed 03 October 2023