Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:1_3:p10
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 10/14)
Character Range: 28974–31861

to produce hydrogen in accordance with the *production pathway is the capacity of the facility, at the start time, to produce hydrogen in accordance with the production pathway.
Note: The Clean Energy Regulator may prescribe how the capacity of a facility to produce hydrogen is to be determined (see section 421‑60).

Condition relating to eligibility statement
 (7) The condition in this subsection is that, on the basis of information that the Clean Energy Regulator possesses at the time when the instrument of certification is made, it would not be reasonable for the Clean Energy Regulator to believe that the eligibility statement for the *registered production profile that accompanied the application for certification (see paragraph 421‑50(3)(c)) is incorrect.
Note: The Clean Energy Regulator does not have a duty to seek information about whether the eligibility statement is correct (see subsection (9)).

Notification of certification
 (8) If the Clean Energy Regulator certifies a *registered production profile with effect from a particular time (the start time), the Clean Energy Regulator must notify the following of the certification:
 (a) the person who applied under section 421‑50 for the certification;
 (b) the person who was the *holder of the production profile at the start time;
 (c) each person who was a holder of the production profile at any time between:
 (i) the start time; and
 (ii) the time when the instrument of certification is made;
 (d) the Commissioner.

No duty to seek information about eligibility statement
 (9) This section does not impose a duty on the Clean Energy Regulator to seek information relevant to assessing whether the eligibility statement for the *registered production profile is incorrect that goes beyond:
 (a) information possessed by the Clean Energy Regulator at the time when the Clean Energy Regulator received the application for certification of the registered production profile; and
 (b) information that was contained in, or that accompanied, that application.

421‑60  Capacity of facility to produce hydrogen
  The Clean Energy Regulator may, by legislative instrument, prescribe any of the following:
 (a) how the capacity of a facility to produce hydrogen is to be expressed for the purposes of section 421‑55;
 (b) how the capacity of a facility to produce hydrogen is to be determined for the purposes of section 421‑55;
 (c) without limiting paragraph (a) or (b) of this section—circumstances in which a facility is taken, for the purposes of subsection 421‑55(3), to have a capacity to produce hydrogen that is at least equal to that of an electrolyser with a nameplate capacity of 10 megawatts.

421‑65  Revocation of certification
 (1) This section applies if a *production profile has been certified in relation to a facility and a *production pathway with effect from a particular time (the original