Document ID: chunk:federal_register_of_legislation:F2024C00846:reg:39:p2
Version: federal_register_of_legislation:F2024C00846
Segment Type: reg
Provision Reference: reg 39 (pt 2/2)
Character Range: 95926–97213

2 financial years after the first financial year if the determination were made.
 (3A) For the purposes of subsection (3)(a)(i), EBIT Guidelines prevail over the Australian accounting standards to the extent of any inconsistency.
 (4) The application must include a declaration that the amount of covered emissions of greenhouse gases from the operation of the facility in the first financial year was not increased for the sole or substantial purpose of:
 (a) achieving the result that the Regulator makes the determination; or
 (b) achieving the result that the emissions reduction contribution for the facility for the first financial year and the next 2 financial years is higher than it would have been but for that increase.
 (5) The application, and the declaration under subsection (4), must be signed by:
 (a) if the responsible emitter is a body corporate—the chief financial officer (however described) of the responsible emitter; or
 (b) otherwise—a person whose duties in relation to the responsible emitter are equivalent to those of the chief financial officer of a body corporate.
 (6) The responsible emitter for a facility may make an application under this section even if the facility is already a trade‑exposed baseline‑adjusted facility in the first financial year.