Document ID: chunk:federal_register_of_legislation:C2025C00030:section:48
Version: federal_register_of_legislation:C2025C00030
Segment Type: section
Provision Reference: s 48
Character Range: 169129–171202

48  Default assessments of large‑scale generation shortfall charge
 (1) If a liable entity has lodged an energy acquisition statement for a year but:
 (a) the liable entity has not lodged a large‑scale generation shortfall statement for the year; and
 (b) the Regulator is of the opinion that the liable entity has a large‑scale generation shortfall for the year;
the Regulator may make an assessment of the liable entity's large‑scale generation shortfall for the year, and of the large‑scale generation shortfall charge (if any) payable on the shortfall.
 (2) If:
 (a) a liable entity has not lodged a large‑scale generation shortfall statement for a year; and
 (b) the liable entity has also not lodged an energy acquisition statement for the year; and
 (c) the Regulator is of the opinion that the liable entity has a large‑scale generation shortfall for the year;
the Regulator may make an assessment of the liable entity's large‑scale generation shortfall for the year, and of the large‑scale generation shortfall charge (if any) payable on the shortfall.
 (3) For the purpose of making an assessment under subsection (1) or (2):
 (a) the liable entity's large‑scale generation shortfall is taken to be the amount that, in the Regulator's opinion, might reasonably be expected to be the shortfall; and
 (b) in the case of an assessment under subsection (1)—the Regulator is to take into account any large‑scale generation certificates surrendered by the liable entity under Subdivision A of Division 1 for the year; and
 (c) in the case of an assessment under subsection (2)—the Regulator is to assume that the liable entity did not surrender any large‑scale generation certificates under Subdivision A of Division 1 for the year.
 (4) Large‑scale generation shortfall charge in relation to an assessment for a year made under this section is taken to have become payable on 14 February in the next year.
 (5) An assessment for a year under this section cannot be made until after 14 February in the next year.

Subdivision B—Small‑scale technology shortfall charge