Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of paragraph 46B(4)(a) of the Act, this regulation prescribes the method for working out, for a liable entity in relation to which an application for an exemption certificate is made, the amount of the liable entity's exemption for a year, in relation to the emissions - intensive trade - exposed activity or activities, and the site, specified in the application.
(2) The method is:
(a) unless subregulation (3) applies, to use metering data to identify the amount of electricity consumed at the site in the year that is:
(i) acquired by, or from, the liable entity under a relevant acquisition; and
(ii) consumed in carrying on the activity or activities;
(the use amount for the liable entity); and
(b) to adjust the use amount by adding or subtracting an amount to reflect:
(i) any changes to the exemption amount in an exemption certificate (within the meaning of subsection 38B(2) of the Act) in relation to the previous year that resulted from changes to the final settlement data issued by AEMO; and
(ii) any errors in metering data used to identify the exemption amount in an exemption certificate in relation to the previous year; and
(iii) any other errors that have affected the exemption amount in an exemption certificate in relation to any of the 3 immediately preceding years that have not otherwise been corrected; and
(c) if the result is not a whole MWh--to round the result down to the nearest whole MWh.
This is the certifiable amount .
(3) If the Regulator is satisfied that metering data is not sufficient, or not appropriate, to identify the use amount for the liable entity, the Regulator may instead determine a formula to be used to identify the use amount for the liable entity.
Note: The formula may or may not use metering data, as well as having other elements based on data from a site.
(4) The metering data used may be:
(a) data for the year; or
(b) if the Regulator is satisfied that a reasonable approximation of the use amount can be obtained by using data for a 12 month period determined by the Regulator that includes at least 3 quarters in the year--data for that 12 month period.
(5) In making a decision for the purposes of this regulation, the Regulator's object must be to choose the most accurate way to identify the use amount for a liable entity, having regard to:
(a) the instrument titled Emissions - Intensive Trade - Exposed Activity Boundaries , as existing from time to time; and
(b) the practicalities and costs of giving effect to the method; and
(c) any other matters the Regulator considers relevant.