Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:1_3:p11
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 11/14)
Character Range: 31598–34507

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 start time).

Revocation—substantive grounds
 (2) The Clean Energy Regulator may, in writing, revoke the certification if:
 (a) on or after the original start time, the registration of the *production profile is suspended, cancelled or surrendered under the Future Made in Australia (Guarantee of Origin) Act 2024; or
 (b) there is a time, on or after the original start time, when the condition in subsection 421‑55(3) of this Act (condition relating to facility and production pathway) is not met in relation to the facility and the *production pathway; or
 (c) at the time when the instrument of revocation made, the Clean Energy Regulator reasonably believes that the eligibility statement for the production profile that accompanied the application for certification (see paragraph 421‑50(3)(c)) is incorrect.
 (3) A revocation under subsection (2) has effect from the time (the new end time for the certification) specified in the instrument of revocation, which must be:
 (a) if the certification is revoked under paragraph (2)(a)—the time when the registration of the *production profile was suspended, cancelled or surrendered; or
 (b) if the certification is revoked under paragraph (2)(b)—the earliest time, on or after the original start time, when the condition in subsection 421‑55(3) is not met in relation to the facility and the *production pathway; or
 (c) if the certification is revoked under paragraph (2)(c)—no earlier than the time when the instrument of revocation is made.
Note: If the certification is revoked under paragraph (2)(a) or (b), the revocation will have retrospective effect.

Revocation—failure to provide information etc.
 (4) In addition, the Clean Energy Regulator may, in writing, revoke the certification if:
 (a) the Clean Energy Regulator has given the *holder of the *production profile a notice under section 421‑70(2) that relates to the certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and
 (b) the holder of the production profile does not comply with the request before the specified time.
 (5) A revocation under subsection (4) has effect from the time (also the new end time for the certification) specified in the instrument of revocation, which must not be before the time specified in the notice mentioned in paragraph (4)(a).
Note: A revocation under subsection (4) may be given retrospective effect.

Consequences of revocation
 (6) If the new end time for the certification is the same as the original start time, then the certification is taken never to have been in effect.
 (7) If