Document ID: chunk:federal_register_of_legislation:F2023C00357:reg:21
Version: federal_register_of_legislation:F2023C00357
Segment Type: reg
Provision Reference: reg 21
Character Range: 14106–16674

21  Designated quantity—general
 (1) For each MSO product, the designated quantity is the sum of the quantities required for importing the product under subsection (2) and the quantities required for refining the product under subsection (3), rounded to the nearest megalitre.
 (2) If the MSO is triggered for the activity of importing an MSO product (p), the quantity for that product is given by the following formula:
where:
Qp is the designated quantity of the MSO product p, in megalitres.
TDIp is target days for the importing of the MSO product p declared under section 14 of the Act and applicable to the start of the period when the designated quantity will apply.
TIp is, subject to subsections (5) and (6), the total amount of the MSO product imported by the entity for the most recent completed trigger assessment period, in megalitres:
 (a) as reported under section 19F of the POFR rules; or
 (b) if not so reported—calculated for the trigger assessment period based on relevant N10 forms and N30 forms for the period.
 (3) If the MSO is triggered for the activity of refining an MSO product (p), the quantity for that product is given by the following formula:
where:
Qp is the designated quantity of the MSO product p, in megalitres.
TDRp is target days for the refining of the MSO product p declared under section 14 of the Act and applicable to the start of the period when the designated quantity will apply.
TRp is, subject to subsection (5), the total amount of MSO product refined by the entity for the most recent completed trigger assessment period, in megalitres.
 (4) In this section, the volumes of MSO product imported or refined under subsections (2) and (3) include gasoline, diesel or kerosene which is intended to be sold as an MSO product, but does not yet meet the relevant specifications to be an MSO product.
 (5) If during a trigger assessment period the production of an MSO product at a refinery was curtailed for one or more months due to the Refinery Upgrades Program and the entity is subject to the MSO for the activity of importing and refining:
 (a) TRp under subsection (3) must be calculated based on the previous trigger assessment period; and
 (b) the difference between the refining of the MSO product in the trigger assessment period and the refining of the MSO product in the previous assessment period must be deducted from TIp under subsection (2).
 (6) If a volume of MSO product is imported by two entities in the circumstances covered by section 5, the amount imported by the first entity is to be disregarded.