Document ID: chunk:federal_register_of_legislation:C2013C00334:clause:2_36e
Version: federal_register_of_legislation:C2013C00334
Segment Type: clause
Provision Reference: sch 2 cl 36E
Character Range: 67960–69525

36E  Liable entity—supply of liquefied petroleum gas or liquefied natural gas to a person who misuses the person's OTN

Preliminary emissions number
 (1) For the purposes of this Act, if:
 (a) a person has, under section 36B or 36C, a preliminary emissions number for an eligible financial year; and
 (b) the preliminary emissions number is attributable to the import, manufacture or production of an amount of liquefied petroleum gas or liquefied natural gas; and
 (c) during an eligible financial year, the person supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the OTN holder) who quotes the OTN holder's OTN in relation to the supply; and
 (d) the OTN holder was not permitted or required by this Act to quote the OTN holder's OTN; and
 (e) the supplied amount is the whole or a part of the amount mentioned in paragraph (b); and
 (f) the potential greenhouse gas emissions embodied in the supplied amount have a carbon dioxide equivalence of a particular number of tonnes;
that number is a preliminary emissions number of the OTN holder for the eligible financial year mentioned in paragraph (c).

Provisional emissions number and liable entity
 (2) If the OTN holder has, under subsection (1), one or more preliminary emissions numbers for the eligible financial year, then, for the purposes of this Act:
 (a) the sum of the preliminary emissions numbers is a provisional emissions number of the OTN holder for the eligible financial year; and
 (b) the OTN holder is a liable entity for the eligible financial year.