Document ID: chunk:federal_register_of_legislation:C2013C00334:clause:1_11c:p3
Version: federal_register_of_legislation:C2013C00334
Segment Type: clause
Provision Reference: sch 1 cl 11C (pt 3/3)
Character Range: 36388–37991

control of the facility throughout the period; and
 (d) 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 (17).
 (17) The formula is:
where:
unadjusted provisional emissions number means the number that, apart from paragraph (16)(d), 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.

Notification
 (18) If:
 (a) a nomination is in force in relation to a facility; and
 (b) the facility ceases to pass the eligible nomination test;
each nominator must, within 30 days after the cessation, notify the cessation to the Regulator unless the cessation has previously been notified to the Regulator.
Civil penalty: 400 penalty units.

Exceptions
 (19) A trustee is not required to comply with subsection (18) 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.
 (20) A trustee is not required to comply with subsection (18) if the facility ceases to pass the eligible nomination test because of the making of a declaration under section 55 or 55A.

Definition
 (21) In this section:
nomination means a nomination under subsection (2).