Document ID: chunk:federal_register_of_legislation:F2025C00184:reg:22m
Version: federal_register_of_legislation:F2025C00184
Segment Type: reg
Provision Reference: reg 22M
Character Range: 188636–190667

22M  Prescribed person—multiple liable entities (production calculation method)
  If:
 (a) a prescribed person has been granted an exemption certificate in relation to an emissions‑intensive trade‑exposed activity, site and year; and
 (aa) the amount of the exemption is worked out under Division 5 (production calculation method); and
 (b) either:
 (i) at the start of the year there are one or more liable entities in relation to the electricity consumed at the site, other than the liable entity set out in the certificate; or
 (ii) during the year one or more liable entities, in addition to the liable entity set out in the certificate, begin to be a liable entity in relation to the electricity consumed at the site; and
 (c) the prescribed person has not been, or has not applied to be, a prescribed person under subregulation 22L(1) for the activity, site and year; and
 (d) the prescribed person applies again under subsection 46A(1) of the Act before the end of the year in relation to:
 (i) the activity; and
 (ii) the site; and
 (iii) the year; and
 (iv) the liable entity that is likely to be responsible for the most amounts of relevant acquisitions consumed at the site during the year by all the liable entities mentioned in subparagraphs (b)(i) or (ii) (other than the liable entity set out in the certificate);
then the prescribed person is a prescribed person for the activity, the site, the year and the second liable entity.
             Example: Company A operates a zinc smelter at a site with 2 connection points to the National Electricity Market. The company has a different retailer for each of those connection points. The company would first apply in relation to one of the retailers and obtain the full value of the exemption for the emissions‑intensive trade‑exposed activity. The company would then apply for a second certificate for the second retailer by becoming a prescribed person under regulation 22M. Once approved, the first certificate would be reduced in accordance with regulation 22ZQ.