Enforcement action against Aussie Greenmarks over alleged inaccurate claims of energy upgrade activities

We gathered evidence alleging the installation company subcontracted by B & G Green Trading Pty Ltd ATF B & G Trust – trading as Aussie Greenmarks – provided inaccurate information about the type of lights in place at 14 commercial premises in regional Victoria and metropolitan Melbourne before they were upgraded for the purposes of claiming certificates through the program. This led Aussie Greenmarks to unintentionally but repeatedly create non-compliant certificates for the activities.

The investigation was instigated following information obtained from consumers as part of a routine compliance review of pending certificates. These installations took place in 2022.

Aussie Greenmarks has cooperated with the investigation, including conducting its own audit and voluntarily withdrawing 666 certificates associated with nine of the alleged non-compliant upgrade activities carried out by the subcontracted installation company.

Accredited persons are reminded that they must have robust systems and processes in place to make sure energy upgrade activities carried out by subcontractors on their behalf comply with the rules. Non-compliance risks enforcement action and may impact eligibility to renew accreditation.

Alleged breaches

The alleged breach of the rules related to the unintentional, but repeated creation of non-compliant Victorian energy efficiency certificates claimed by Aussie Greenmarks for building-based lighting upgrades.

This was due to the alleged provision of inaccurate information by the installation company subcontracted by Aussie Greenmarks about the type of lights in place at 14 commercial premises before they were upgraded for the purposes of claiming certificates through the program.

Our determination

While the upgrades were carried out by a subcontractor, as the accredited business responsible for making sure the installations and associated certificates complied with program rules, we determined that Aussie Greenmarks needed to surrender 619 claimed certificates valued at over $50,000 to ensure there is no impact on the certificate market from the non-compliant activities. 

The commission also:

• issued a warning and reprimand to Aussie Greenmarks in relation to this matter
• advised Aussie Greenmarks that close attention would be paid, as part of its renewal of accreditation application, to how it selects and oversees the compliance of any contractors who undertake work on its behalf.

Note: the certificate value on this page is based on the current spot price of $85.25.