If:
(a) a person is making an application under subsection 46A(1) of the Act in relation to a site and a year; and
(b) an emissions - intensive trade - exposed activity is to be carried on at the site during the year; and
(c) immediately before the day the application is made for the site, there is no prescribed person of a kind mentioned in regulation 22G, 22H or 22I; and
(d) the person is a party to a contract with a liable entity for a supply of electricity to be consumed at the site in the year; and
(da) upon making the application under subsection 46A(1) of the Act, the person is not eligible to be a prescribed person under regulation 22G, 22H or 22I; and
(e) immediately before the day the application is made in relation to the activity, the site and the application year there is no valid application before the Regulator, and there is no exemption certificate issued, for the activity, the site and the year;
then the person is a prescribed person in relation to the activity, the site and the year.