Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_11aa:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 11AA (pt 1/2)
Character Range: 85283–87916

11AA  Operational control during part of fixed charge year—nominated person

Scope
 (1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, the first 9 months of a fixed charge year:
 (a) 2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;
 (b) no particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;
 (c) no declaration under section 55 or 55A applies in relation to the facility at any time during the period;
 (d) as at the start of 1 April in the fixed charge year, it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:
 (i) the person had operational control over the facility throughout the period; and
 (ii) none of the persons mentioned in paragraph (a) of this subsection had operational control over the facility throughout the period.

Nomination
 (2) The persons mentioned in paragraph (1)(a) must, before the end of 30 April in the fixed charge year, jointly nominate one of them to be the nominated person in relation to the facility for the period.
Civil penalty: 1,000 penalty units.
 (3) A nomination must:
 (a) be in writing; and
 (b) be in a form approved by the Regulator; and
 (c) be accompanied by such information as is specified in the regulations.
 (4) If:
 (a) any of those persons is a foreign person; and
 (b) any of those persons is not a foreign person;
a foreign person cannot be nominated.

Operational control—nomination made
 (5) If a nomination is made and the facility is a facility of a joint venture, the nominated person is taken, for the purposes of this Act, to have operational control over the facility throughout the period.
 (6) If a nomination is made and the facility is not a facility of a joint venture, the nominated person is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period.

Operational control—nomination not made
 (7) If no nomination is made and the facility is a facility of a joint venture, each of the persons mentioned in paragraph (1)(a) is taken, for the purposes of this Act, to have operational control over the facility throughout the period.
 (8) If no nomination is made and the facility is not a facility of a joint venture:
 (a) each of the persons mentioned in paragraph (1)(a) is taken, for the purposes of this Act and the Clean Energy Act