The Western Australian government has issued a stern warning to the state’s solar industry over potentially misleading promotions and “false claims” about the soon-to-launch residential battery rebate and no-interest loan scheme.
Western Australia’s Consumer Protection announced last week that it had “put the solar industry on notice”, with letters sent to around 1,300 solar system retailers, promoters, and installers to remind them “of their Australian Consumer Law (ACL) obligations.”
Specifically, Consumer Protection wrote to ensure that promotions “are consistent with official government information and do not mislead consumers” on the soon-to-launch WA Residential Battery Scheme.
“Of particular concern were reports of a trader unlawfully using the state government logo and falsely claiming that registrations were open, subsequently using questionnaires to gather personal information.”
It was announced at the beginning of June that Western Australia’s Residential Battery Scheme would complement the federal government’s Cheaper Home Batteries Program for a combined rebate of up to $5,000 for Synergy customers and $7,500 for Horizon Power customers.
This was a blow to some who had hoped that the original WA rebate scheme – which had promised home battery rebates of up to $5,000 for Synergy customers and up to $7,500 for Horizon Power customers – would be stacked on top of the federal government’s Cheaper Home Batteries Program, bringing total discounts up to $9,000 and $11,500.
However, instead of keeping state rebate levels high, the Western Australian Labor government reduced the state rebate figure so as to make the rebate available for up to 100,000 households – up from only 20,000 under the previously announced plan.
Currently, applications for rebates and loans under the WA Battery Scheme are not open yet, though consumers can express interest via the official WA government website.
According to WA’s Consumer Protection, however, it became aware of “reports of a trader unlawfully using the State Government logo and falsely claiming that registrations were open, subsequently using questionnaires to gather personal information.”
No providers or products have yet been shortlisted and/or approved for the program, raising concerns that consumers who sign up before the scheme officially opens may find themselves ineligible for rebates as a result of misleading and deceitful advertising.
In his letter to the state’s solar industry, Commissioner for Consumer Protection Owen Kelly warned businesses to ensure their promotion or marketing of the scheme complied with the ACL.
“My communication to these businesses emphasised their duty to not mislead consumers by falsely suggesting their company is approved or accredited under the scheme, or that registering with them offers any special eligibility or preference,” said Dr Kelly.
“Also potentially misleading to consumers and a possible breach of the ACL is the use of the State Government logo on unofficial websites or registration forms.
“I further instructed these businesses to fully comply with the ACL rules on unsolicited sales, which grants consumers a 10-day cooling off period before any payment or work can occur if contracts are entered into on an unsolicited basis, such as via door- knocking or cold calls.”
Significant penalties apply for businesses that are found to have failed to meet their obligations under the ACL.
“Promotions using ‘solar postcode eligibility’ are a red flag as this is not a real criterion, and any ads requesting your postal address could be an attempt to collect your personal information,” said Dr Kelly.
“If you get a call and you don’t remember specifically asking a solar company to contact you, they may have bought your information as a lead from a third party. Before committing to anything, check the information on the Energy Policy WA website”.
Further information and sign-up for the WA Residential Battery Scheme mailing list can be found here.
