Document ID: chunk:federal_register_of_legislation:C2012C00857:clause:1_99
Version: federal_register_of_legislation:C2012C00857
Segment Type: clause
Provision Reference: sch 1 cl 99
Character Range: 83273–85892

99  Penalty charge for failure to provide statements or information relevant to large‑scale generation shortfall charge
 (1) A liable entity, other than a government body, is liable to pay, by way of penalty, penalty charge if the liable entity refuses or fails to provide, when and as required under this Act any of the following for a year (the assessment year):
 (a) an energy acquisition statement for the assessment year;
 (b) a large‑scale generation shortfall statement for the assessment year;
 (c) information relevant to assessing the liable entity's liability to pay large‑scale generation shortfall charge for the assessment year.
Note: If the liable entity refuses or fails to lodge an energy acquisition statement, the liable entity is also liable to penalty charge under section 99A.
 (2) A liable entity is liable to pay, by way of penalty, penalty charge if:
 (a) the liable entity is liable to pay large‑scale generation shortfall charge for a year (the assessment year); and
 (b) the liable entity fails to keep a record in relation to the assessment year containing details of the basis of calculation of the following amounts that were specified in the liable entity's energy acquisition statement for the assessment year:
 (i) the amount of electricity acquired under relevant acquisitions during the assessment year;
 (ii) the value, in MWh, of large‑scale generation certificates surrendered for the assessment year;
 (iii) any carried forward shortfall or carried forward surplus for the previous year;
 (iv) any carried forward surplus for the assessment year.
 (3) A liable entity is liable to pay, by way of penalty, penalty charge if:
 (a) the liable entity is liable to pay large‑scale generation shortfall charge for a year (the assessment year); and
 (b) the liable entity refuses or fails to produce to the Regulator, when and as required by the Regulator under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph (2)(b) that were specified in an energy acquisition statement for the assessment year.
 (4) Subject to subsection (5), the penalty charge payable under subsection (1), (2) or (3) is equal to double the amount of large‑scale generation shortfall charge payable by the entity for the assessment year.
 (5) If a liable entity has already become liable to penalty charge under this section because of a particular refusal or failure that relates to a year, the liable entity is not liable to any further amount of penalty charge under this section because of any other refusal or failure that relates to the same year.