Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_11ab:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 11AB (pt 1/2)
Character Range: 88914–91538

11AB  Operational control during part of fixed charge year—trust with multiple trustees

Scope
 (1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, the first 9 months of a fixed charge year:
 (a) because of section 11, 11A or 11AA, a trust has operational control over a facility throughout the period;
 (b) throughout the period, there are 2 or more trustees of the trust;
 (c) no declaration under section 55 or 55A applies in relation to the facility at any time during the period;
 (d) as at the start of 1 April in the fixed charge year, it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:
 (i) the person had operational control over the facility throughout the period; and
 (ii) the trust did not have operational control over the facility throughout the period.

Nomination
 (2) The trustees must, before the end of 30 April in the fixed charge year, jointly nominate one of them to be the nominated trustee in relation to the facility for the period.
Civil penalty: 1,000 penalty units.
 (3) A nomination must:
 (a) be in writing; and
 (b) be in a form approved by the Regulator; and
 (c) be accompanied by such information as is specified in the regulations.
 (4) If:
 (a) any of those trustees is a foreign person; and
 (b) any of those trustees is not a foreign person;
a foreign person cannot be nominated.

Operational control
 (5) If a nomination is made, the nominated trustee is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period.
 (6) If no nomination is made:
 (a) each of those trustees is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and
 (b) if there is a provisional emissions number of such a trustee for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period—for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (7).
 (7) The formula is:

where:
unadjusted provisional emissions number means the number that, apart from paragraph (6)(b), would be the provisional emissions number of the trustee for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period.

Exception
 (8) A trustee is not required to comply with subsection