Document ID: chunk:federal_register_of_legislation:F2024C00936:reg:24:p5
Version: federal_register_of_legislation:F2024C00936
Segment Type: reg
Provision Reference: reg 24 (pt 5/52)
Character Range: 53227–56101

(5)—the 1 July of the financial year in which the nomination is made; and
 (b) cannot be revoked once made.
 (5) The circumstances covered by this subregulation in relation to a nomination (the later nomination) are as follows:
 (a) a nomination by another person has been in effect earlier in the financial year covering a principal activity (the first principal activity);
 (b) that other person is no longer in overall control of the first principal activity;
 (c) a person currently in overall control of the first principal activity, or of a part of the first principal activity, elects in the later nomination for the later nomination to take effect from the 1 July of the financial year in which it is made.
 (6) The nomination must be in the form approved by the Regulator.

2.20  Forming part of a single undertaking or enterprise—electricity, gas etc activities
 (1) If:
 (a) an activity in a series of activities is in one of the industry sectors mentioned in subregulation (2); and
 (b) the activity and any ancillary activities to it are under the overall control of the same person;
then all of the activities will form part of the same single undertaking or enterprise.
 (2) For subregulation (1), the industry sectors are as follows:
 (a) Electricity distribution (263);
 (b) Electricity transmission (262);
 (c) Gas supply (270);
 (d) Pipeline and other transport (502);
 (e) Telecommunications services (580);
 (f) Water supply, sewerage and drainage services (281).

2.20A  Forming part of a single undertaking or enterprise—multi‑site cement production activities
 (1) If:
 (a) a series of activities together produce cement (cement production activities); and
 (b) the cement produced by the cement production activities is covered by subsection 64(1) of Schedule 1 to the Safeguard Mechanism Rule; and
 (c) the cement production activities occur at different sites; and
 (d) a nomination is approved under regulation 2.20B in relation to the cement production activities;
then the cement production activities will form part of the same single undertaking or enterprise.
Note: Cement production activities that occur at a single site will form part of the same single undertaking or enterprise in accordance with regulation 2.16.
 (2) For the purposes of paragraph (b), treat the cement production activities as if they were carried out at a facility.

2.20B  Nominating multi‑site cement production activities

Scope
 (1) This regulation applies if cement production activities occur at different sites.

Nomination
 (2) The person with overall control in relation to the cement production activities may, for activities conducted on or after 1 July 2023, nominate the cement production activities at different sites that are to form part of the same single undertaking or enterprise.
 (3) The Regulator must approve the nomination if the Regulator is