Document ID: chunk:federal_register_of_legislation:F2025C00184:reg:22zc:p1
Version: federal_register_of_legislation:F2025C00184
Segment Type: reg
Provision Reference: reg 22ZC (pt 1/2)
Character Range: 222833–225665

22ZC  Regulator must be satisfied about amount or volume
 (1) For paragraph 22ZB(1)(c), the Regulator must be satisfied that the amount or volume is accurate or the best estimate of the relevant amount or volume possible in all the circumstances.
 (2) For paragraph 22ZB(2)(b), the Regulator must be satisfied that the amount or volume:
 (a) is accurate or the best estimate of the relevant amount or volume possible in all the circumstances; and
 (b) correctly calculated under subregulation 22ZB(3).
 (3) Under subregulations (1) and (2), the Regulator must be so satisfied in relation to:
 (a) the year to which the application relates; and
 (b) the liable entity that is the subject of the application; and
 (c) the period during which the emissions‑intensive trade‑exposed activity is carried on; and
 (d) the site that is mentioned in the application.
 (4) The Regulator must, when deciding under subregulation (1) or (2), have regard to the following:
 (a) if the amount or volume relates to an amount or volume previously given to the Department of Climate Change and Energy Efficiency for:
 (i) the assessment of whether the activity should be an emissions‑intensive trade‑exposed activity; and
 (ii) the determination of the electricity baseline for each relevant product of the activity;
the amount or volume and any related audit report provided with it;
 (b) if the application relates to 2013 or 2014—the considerations that applied under the Jobs and Competitiveness Program in relation to an application for free carbon units in respect of an equivalent amount or volume of relevant product;
 (ba) if the application relates to 2015—the considerations that apply under the modified JCP in relation to a reportable application for free carbon units in respect of an equivalent amount or volume of relevant product;
 (c) if the application relates to 2016 or a later year—the following matters in relation to the measurement of an amount or volume of relevant product:
 (i) any relevant requirements imposed by or under the National Measurement Act 1960;
 (ii) the way in which the amount or volume of relevant product is measured by the industry;
 (iii) accredited industry test methods for measuring the amount or volume of relevant product;
 (iv) whether the measurement of the amount or volume of the relevant product is frequent enough to produce data that is representative and unbiased;
 (v) the risk of the relevant product not satisfying the qualities required by Schedule 6;
 (vi) the administrative costs in implementing more accurate testing methods for measuring the amount or volume of relevant product at the site;
 (d) any other relevant matter.
 (5) In this regulation:
modified JCP has the meaning given by subsection 3(2) of the Clean Energy Legislation (Carbon Tax Repeal) (Jobs and Competitiveness