Document ID: chunk:federal_register_of_legislation:C2025C00178:section:40
Version: federal_register_of_legislation:C2025C00178
Segment Type: section
Provision Reference: s 40
Character Range: 41706–44200

40  Adjusted RAV entries

Application for units
 (1) A person may apply for the Secretary to issue a specified number of units to the person under this section.
 (2) The application must:
 (a) be in writing; and
 (b) meet the requirements (if any) prescribed by the rules; and
 (c) be accompanied by the fee (if any) prescribed by the rules.
 (3) A fee prescribed for the purposes of paragraph (2)(c) must not be such as to amount to taxation.

Issue of units
 (4) If a person makes an application under subsection (1), the Secretary may issue one or more units to the person if:
 (a) there is a covered vehicle for the person for a year beginning on or after 1 January 2025; and
 (b) the person has a registry account; and
 (c) at a time after the interim reconciliation day for the year either or both of the following subparagraphs apply:
 (i) the number of grams of carbon dioxide emissions that are entered (in grams of carbon dioxide per kilometre) on the RAV in relation to the vehicle (the adjusted emissions number) is different from the emissions number for the vehicle for the year;
 (ii) the number of kilograms in the MIRO (mass in running order) that is entered on the RAV in relation to the vehicle (the adjusted MIRO number) is different from the MIRO number for the vehicle for the year; and
 (d) the person's interim emissions value for the year would be lower if it were worked out using:
 (i) if only subparagraph (c)(i) applies—the adjusted emissions number; or
 (ii) if only subparagraph (c)(ii) applies—the adjusted MIRO number; or
 (iii) if both subparagraphs (c)(i) and (ii) apply—the adjusted emissions number and the adjusted MIRO number.
 (5) The number of units issued to the person must not exceed the difference between:
 (a) the person's interim emissions value for the year; and
 (b) the number that is equal to what the person's interim emissions value for the year would be if it were worked out using:
 (i) if only subparagraph (4)(c)(i) applies—the adjusted emissions number; or
 (ii) if only subparagraph (4)(c)(ii) applies—the adjusted MIRO number; or
 (iii) if both subparagraphs (4)(c)(i) and (ii) apply—the adjusted emissions number and the adjusted MIRO number.

Notice of decision
 (6) If the Secretary decides:
 (a) to not issue units to the person; or
 (b) to issue fewer units to the person than the number of units specified in the application;
the Secretary must give the person written notice of the decision and the reasons for the decision.