(1) The Secretary may, by written instrument, approve a person or body as an issuing authority.
(2) The Secretary must not approve a person or body as an issuing authority unless the Secretary is satisfied that:
(a) the person or body has the competencies necessary to apply the assessment methods and standards determined under section 21 to decide whether energy efficiency ratings or lighting energy efficiency assessments are appropriate; and
(b) the person or body has systems in place to ensure that building energy efficiency certificates are issued in good faith.
(3) An instrument under subsection (1) is not a legislative instrument.