Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 30D(4A) of the Act, the Regulator must have regard to the following matters:
(a) whether the excess is material when measured against the baseline applicable to the excess station concerned;
(b) whether the shortfall is material when measured against the baseline applicable to the shortfall station concerned;
(c) whether the availability or amount of the relevant supply varied during the year for reasons that were beyond the control of the shortfall station or the excess station, as the case may be;
(d) whether the pattern of distribution of the relevant supply between the excess station and the shortfall station was occurring before 1 January 1997;
(e) whether the primary purpose of the distribution of the relevant supply between the excess station and the shortfall station was to increase the efficiency with which a product other than electricity was produced;
(f) the relative energy conversion efficiencies of the excess station and the shortfall station;
(g) if the shortfall station was permanently closed or temporarily non - operational during the year--the reasons for the closure or temporary lack of operation of the power station;
(h) whether the relevant supply was distributed from the shortfall power station to the excess station for the purpose of displacing fossil fuel use at the excess station.
Note 1: Excess station , relevant supply and shortfall station have the same meanings as in section 30D of the Act.
Note 2: Eligible renewable energy source and renewable energy certificate have the same meanings as in subsection 5(1) of the Act.
(2) In this regulation:
"material" , in relation to an excess or shortfall, means an excess or shortfall greater than 2% of the baseline of the station concerned, or the amount of electricity that would need to be generated to create 2000 renewable energy certificates under the Act, whichever is less.