Document ID: chunk:federal_register_of_legislation:F2025C00184:reg:22h
Version: federal_register_of_legislation:F2025C00184
Segment Type: reg
Provision Reference: reg 22H
Character Range: 178785–179816

22H  Prescribed person—liable entity with operational control
  If:
 (a) a person has operational control of a facility immediately before the person makes an application under subsection 46A(1) of the Act in respect of a site and a year; and
 (b) an emissions‑intensive trade‑exposed activity is carried on at the site; and
 (c) the facility is the principal facility that is carried on at the site; and
 (d) the person is the liable entity for:
 (i) over 30% of the electricity consumed at the site; or
 (ii) the majority of the electricity consumed at the site that gives rise to a relevant acquisition;
  in the 6 months immediately preceding the day the person makes the application; and
 (e) immediately before the day the application is made in relation to the activity, the site and the year there is no valid application before the Regulator, and there is no exemption certificate issued for the activity, the site and the application year;
then the person is a prescribed person for the activity, the site and the year.