Document ID: chunk:federal_register_of_legislation:C2012A00204:clause:1_196a:p2
Version: federal_register_of_legislation:C2012A00204
Segment Type: clause
Provision Reference: sch 1 cl 196A (pt 2/4)
Character Range: 89521–92390

under subsection (6).
 (9) The Regulator must publish a copy of a declaration under subsection (5) on the Regulator's website.
 (10) A declaration made under subsection (5) is not a legislative instrument.

Adjusted reference price
 (11) For the purposes of this section, if there is a reference price for a class of eligible international emissions units for a designated 6‑month period, the adjusted reference price for the class of eligible international emissions units for the designated 6‑month period is worked out using the formula:
where:
designated limit percentage means the designated limit percentage for the class of eligible international emissions units for the financial year in which the designated 6‑month period ends.
reference price means the reference price for the class of eligible international emissions units for the designated 6‑month period.

Modifications of formula etc.
 (12) If:
 (a) there is a reference price for a class of eligible international emissions units for a designated 6‑month period; and
 (b) the reference price is higher than the average carbon unit auction price for the designated 6‑month period;
then:
 (c) the adjusted reference price for the class of eligible international emissions units for the designated 6‑month period is to be disregarded for the purposes of the total of adjusted reference prices component of the formula in subsection (2); and
 (d) the designated limit percentage for the class of eligible international emissions units for the financial year in which the designated 6‑month period ends is to be disregarded for the purposes of the total of designated limit percentages component of the formula in subsection (2).
 (13) If:
 (a) a class of eligible international emissions units (the principal class) is subject to a designated limit for a particular financial year; and
 (b) there is a class of eligible international emissions units (the secondary class) that:
 (i) is included in the principal class; and
 (ii) is subject to another designated limit for the financial year;
the designated limit percentage for the secondary class of eligible international emissions units for the financial year is to be disregarded for the purposes of the total of designated limit percentages component of the formula in subsection (2).
 (14) If:
 (a) a class of eligible international emissions units (the principal class) is subject to a designated limit for a particular financial year; and
 (b) a designated 6‑month period ends in the financial year; and
 (c) there is a class of eligible international emissions units (the secondary class) that:
 (i) is included in the principal class; and
 (ii) is subject to another designated limit for the financial year; and
 (d) the reference price for the secondary class of units for the designated 6‑month period is greater than or equal to the reference