Document ID: chunk:federal_register_of_legislation:C2012C00857:clause:1_45
Version: federal_register_of_legislation:C2012C00857
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 60477–62691

45  Surrender of small‑scale technology certificates in quarterly surrender instrument

Surrender of small‑scale technology certificates on a quarterly basis
 (1) A liable entity may surrender small‑scale technology certificates for a quarter of a year by including details of the small‑scale technology certificates (the identified certificates) that it is surrendering for the quarter in whichever of the following (the surrender instrument) applies:
 (a) for the first, second or third quarter of the year—a notice that:
 (i) is in a form approved by the Regulator; and
 (ii) is lodged, before the end of the surrender period for the quarter, in accordance with the regulations; and
 (iii) is signed by or on behalf of the liable entity;
 (b) for the fourth quarter of the year—the liable entity's energy acquisition statement for the year.
Note: For limitations on the certificates that can be surrendered, see section 45D.
 (2) The identified certificates are taken to be surrendered when the surrender instrument is lodged, other than any of those certificates that cannot be surrendered because of section 45D.

Regulator to give liable entity notice relating to surrenders for first, second or third quarter
 (3) After the liable entity has lodged the surrender instrument for the first, second or third quarter, the Regulator must, by notice in writing given to the liable entity, advise the liable entity of the number of the identified certificates for the quarter that (taking account of section 45D) are able to be surrendered for the quarter.

Regulator to give liable entity notice relating to total surrenders for the year
 (4) After the liable entity has lodged its energy acquisition statement for the year, the Regulator must, by notice in writing given to the liable entity, advise the liable entity of:
 (a) the number of the identified certificates for each quarter of the year that (taking account of section 45D) are or were able to be surrendered for the quarter; and
 (b) the fee payable by the entity under section 45E in respect of the surrender of those certificates.

Notices are not legislative instruments
 (5) A notice under subsection (3) or (4) is not a legislative instrument.