Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_11c
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 11C
Character Range: 95011–97553

11C  Operational control—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, an eligible financial year:
 (a) because of section 11, 11A or 11B, 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) if the period is included in a fixed charge year—section 11AB does not apply to the facility for the period.

Nomination
 (2) Those trustees must, before the end of 31 August next following the eligible financial 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 eligible financial 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 eligible financial 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 (2) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under:
 (a) this Act; or
 (b) the Clean Energy Act 2011.