Document ID: chunk:federal_register_of_legislation:F2024C00833:reg:4:p4
Version: federal_register_of_legislation:F2024C00833
Segment Type: reg
Provision Reference: reg 4 (pt 4/4)
Character Range: 816862–819199

relevant to the application;
 (d) explain the following:
 (i) how the applicant has made early and reasonable efforts to use Methods 2 or 3 referred to in subsection 3.19(2) for the relevant reporting year; and
 (ii) why the applicant is not able to use Methods 2 or 3 referred to in subsection 3.19(2) for the relevant reporting year, due to circumstances outside its control;
 (e) contain written evidence to support the explanations provided under paragraph 4(d).
Note: An application may only be made in relation to one reporting year. However, more than one application may be made for a facility.
 (5) Despite paragraph (4)(c), the Regulator may at its discretion, consider an application that has been submitted outside of the time period required under that paragraph.
 (6) If the Regulator does not approve an application made under subsection (4), the Regulator must notify the applicant of its decision and provide reasons for this decision.

Reconsideration of a transitional use decision
 (7) A person who has received a notification under subsection (6) who is dissatisfied with the decision may apply to the Regulator for the Regulator to reconsider the decision.
 (8) An application under subsection (7) must:
 (a) be in a form approved by the Regulator;
 (b) set out the reasons for the application; and
 (c) be submitted to the Regulator within 28 days of the person receiving the notification under subsection (6).
 (9) The Regulator must reconsider the decision and affirm, vary or revoke the decision.
 (10) A reconsideration decision under subsection (9) may have effect as if it had been made at the time of the original decision under subsection (3).
 (11) The Regulator must notify the applicant of its decision on reconsideration and provide reasons for this decision.
 (12) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Regulator under subsection (9).

9.19  Amendments made by the National Greenhouse and Energy Reporting Legislation Amendment (Best Practice Emissions Intensities Update) Instrument 2024
  The amendments made by the National Greenhouse and Energy Reporting Legislation Amendment (Best Practice Emissions Intensities Update) Instrument 2024 apply in relation to:
 (a) the financial year starting on 1 July 2024; and
 (b) later financial years.