Commonwealth Consolidated Regulations

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RENEWABLE ENERGY (ELECTRICITY) REGULATIONS 2001 - REG 22ZP

Circumstance--if change of liable entity (regulation 22L applies)

  (1)   If:

  (a)   an exemption certificate (the first certificate ) is issued in relation to a liable entity (the first liable entity ) and a year following an application by a prescribed person; and

  (b)   the prescribed person becomes a prescribed person under regulation   22L; and

  (c)   the prescribed person makes an application under subsection   46A(1) of the Act in relation to another liable entity (the second liable entity ) and the year; and

  (d)   in issuing another certificate (the second certificate ), the Regulator is satisfied that the evidence referred to in paragraphs 22S(1)(b) and (c) evidences the matters stated in those paragraphs;

then the Regulator may amend the first certificate.

  (2)   The amendment must reduce the amount of the first liable entity's exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula:

Start formula start fraction OL times D over year's days end fraction end formula

where:

"OL" is the amount of the exemption set out in the first exemption certificate expressed as megawatt hours.

"D" is the number of days in the year for which the second liable entity will be the liable entity.

"year's days" is the number of days in the year to which the exemption certificates relate.

  (3)   If:

  (a)   the Regulator amends the first certificate under subregulation   (1) and issues another certificate as mentioned in paragraph   (1)(d) (the second certificate ) in relation to the second liable entity; and

  (b)   the prescribed person again becomes a prescribed person under regulation   22L; and

  (c)   the prescribed person makes an application under subsection   46A(1) of the Act in relation to another liable entity (the third liable entity ) and the year; and

  (d)   in issuing another certificate (the third certificate ) in respect of the third liable entity, the Regulator is satisfied that the evidence referred to in paragraphs 22S(2)(b) and (c) evidences the matters stated in those paragraphs;

then the Regulator may again, on 1 occasion only, amend the second certificate.

  (4)   The amendment must reduce the amount of the second liable entity's exemption set out in the certificate that is attributable to the activity by the number calculated in accordance with the following formula:

Start formula start fraction OL times D over OLD end fraction end formula

where:

"OL" is the amount of the exemption set out in the first exemption certificate expressed as megawatt hours.

"D" is the number of days in the year for which the third liable entity will be the liable entity in relation to the exemption.

"OLD" is the number of days used as D in subregulation   (2).



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