A Victorian solar installer has been convicted and fined following a Clean Energy Regulator (CER) investigation into fraudulent conduct under the Small-scale Renewable Energy Scheme.
Mr Toby Payne pleaded guilty in the Frankston Magistrates’ Court to intentionally making a false statement in a statutory declaration, contrary to section 11 of the Statutory Declarations Act 1959 (Cth). He was convicted and fined $10,000.
CER investigators found Mr Payne falsely claimed in Commonwealth statutory declarations that he had attended solar installations onsite in Melbourne when he was interstate at the time. The declarations were provided to a registered agent and relied on to create small-scale technology certificates (STCs) under the scheme.
In sentencing, the Magistrate considered that Mr Payne’s conduct was egregious. Her Honour noted the position of trust Mr Payne held as the Director of the company, a position he no longer holds, and as the company’s only accredited installer. Her Honour stated that people were entitled to rely on the truth of the statutory declarations and the guarantee given that the work met the required standards. Her Honour declined to make a non-conviction order as sought by defence, noting the need for general deterrence and adequate punishment.
While the offending was regarded as serious, compelling mitigating factors led the court to find a Community Corrections Order or term of imprisonment should not be imposed. It was noted that if not for Mr Payne’s guilty plea a Community Corrections Order would have been imposed.
We remind all scheme participants that statutory declarations are legal documents setting out facts that a person declares to be true and accurate. Providing false statements in a statutory declaration, such as claiming onsite attendance when a person did not attend, is a serious offence under Commonwealth law and undermines the integrity of our schemes.
This matter was prosecuted by the Office of the Commonwealth Director of Public Prosecutions following a referral from the CER.
Investigations into fraud and non-compliance are a part of a broader suite of compliance activities undertaken by the CER. Since July 2025, the CER has suspended and removed 5 registered persons and 2 accredited installers from participating in the Small-scale Renewable Energy Scheme. As a result, those registered persons are unable to create STCs and solar PV and battery installations completed by those installers are ineligible for STCs.
In addition, 2 solar installers have now received criminal convictions for offences relating to fraudulent conduct in the scheme.
These outcomes demonstrate that where evidence of serious non-compliance exists, the CER will take appropriate enforcement action.
The CER remains focused on maintaining confidence in a scheme that has supported more than 4 million Australian households over the past decade, while protecting the integrity of certificate claims and supporting positive consumer outcomes.
We have zero tolerance for fraud. Enforcement action will be taken where it is warranted under our compliance, education and enforcement policy.
