(1) A controlling corporation's group meets a threshold for a financial year if in that year:
(a) the total amount of greenhouse gases emitted from the operation of facilities under the operational control of entities that are members of the group has a carbon dioxide equivalence of:
(i) if the financial year starts on 1 July 2008--125 kilotonnes or more; or
(ii) if the financial year starts on 1 July 2009--87.5 kilotonnes or more; or
(iii) if the year is a later financial year--50 kilotonnes or more; or
(b) the total amount of energy produced from the operation of facilities under the operational control of entities that are members of the group is:
(i) if the financial year starts on 1 July 2008--500 terajoules or more; or
(ii) if the financial year starts on 1 July 2009--350 terajoules or more; or
(iii) if the year is a later financial year--200 terajoules or more; or
(c) the total amount of energy consumed from the operation of facilities under the operational control of entities that are members of the group is:
(i) if the financial year starts on 1 July 2008--500 terajoules or more; or
(ii) if the financial year starts on 1 July 2009--350 terajoules or more; or
(iii) if the year is a later financial year--200 terajoules or more; or
(d) an entity that is a member of the group has operational control of a facility the operation of which during the year causes:
(i) emission of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or
(ii) production of energy of 100 terajoules or more; or
(iii) consumption of energy of 100 terajoules or more.
(1A) Subsection (1) does not apply in relation to:
(a) greenhouse gas emissions; or
(b) energy production; or
(c) energy consumption;
unless the Minister has, under subsection 10(3), determined:
(d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or
(e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.
(2) If a group entity has operational control of a facility for a number of, but not all, days in a financial year (the control days ), subparagraphs (1)(d)(i) to (iii) have effect as though each threshold were replaced by the amount worked out using the following formula:
Reporting transfer certificate
(3) For the
purposes of this section, if a person was the holder of a
reporting transfer certificate in relation to a facility on a particular day,
the facility is taken not to have been under the operational control of a
group entity on that day.