Document ID: chunk:federal_register_of_legislation:C2013C00334:clause:1_11c:p1
Version: federal_register_of_legislation:C2013C00334
Segment Type: clause
Provision Reference: sch 1 cl 11C (pt 1/3)
Character Range: 31553–34079

11C  Operational control—trust with multiple trustees

Eligible nomination test
 (1) For the purposes of this section, a facility passes the eligible nomination test at a particular time if:
 (a) because of section 11, 11A or 11B, a trust has operational control of the facility at that time; and
 (b) at that time, there are 2 or more trustees (the relevant trustees) of the trust; and
 (c) no declaration under section 55 or 55A applies in relation to the facility at that time; and
 (d) that time occurs in an eligible financial year.

Nomination
 (2) 2 or more trustees may jointly nominate one of them to be the nominated trustee in relation to a facility throughout the period:
 (a) beginning at the start of the day specified in the nomination as the day on which the nomination is to come into force (the start day); and
 (b) ending at a later time specified in the nomination.
 (3) The nomination must:
 (a) be in writing; and
 (b) be in a form approved by the Regulator; and
 (c) be accompanied by such information as is specified in the regulations; and
 (d) be accompanied by such documents (if any) as are specified in the regulations.
 (4) If:
 (a) any of those trustees is a foreign person; and
 (b) any of those trustees is not a foreign person;
a foreign person cannot be nominated.
 (5) The nomination has no effect unless, at the beginning of the start day:
 (a) the facility passes the eligible nomination test; and
 (b) the nominators are the relevant trustees.
 (6) The start day may occur before the nomination is made.
 (7) If:
 (a) the start day occurs in the first 9 months of a fixed charge year; and
 (b) it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:
 (i) the person had operational control of the facility throughout a period that is included in, or consists of, the first 9 months of the fixed charge year; and
 (ii) no other person had operational control of the facility throughout that period;
the nomination must be made before 1 May in the fixed charge year.
 (8) If the start day occurs during a particular eligible financial year, the nomination must not be made after 31 August next following the eligible financial year.
 (9) The start day may be later than the day on which the nomination is made, so long as:
 (a) the start day occurs in the same financial year as the day on which the nomination is made; or
 (b) the start day occurs in the financial year next following the financial year in