On 13 September 2023, His Honour Justice Derrington of the Federal Court ordered civil penalties totalling $240,000.00 against E Connect Solar & Electrical Pty Ltd (in liquidation) and others for contravention of section 24B of the Renewable Energy (Electricity) Act 2000 (Cth) for the provision of false and misleading information.
The court ordered that:
- E Connect Solar & Electrical Pty Ltd (in liquidation) pay a civil penalty of $200,000
- the second respondent, being the current director, pay a civil penalty of $20,000
- the third respondent, being the former director, pay a civil penalty of $20,000
- the second and third respondents pay $15,000 each towards the Clean Energy Regulator's (CER) legal costs
- the respondents take all reasonable steps to having a Clean Energy Council (CEC) accredited person inspect the 38 Small Generation Units (SGUs) and carry out the testing and commissioning tests in accordance with CEC guidelines.
To date, the second respondent, Mr Benjamin Airey, has not complied with the Orders.
In September 2024, the CER sought payment of the judgment debt from Mr Airey. After receiving no payment or response, the CER filed a Request for Enforcement with the Federal Court.
In June 2025, Mr Airey attended an Enforcement Hearing. Shortly afterwards, he filed for bankruptcy.
The CER will continue to take enforcement action where warranted under our Compliance, Education and Enforcement Policy and in accordance with our Compliance and Enforcement Priorities. This includes pursuing the outcome of any enforcement action to ensure confidence in the CER's administration of the Small-scale Renewable Energy Scheme.
