Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_11b:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 11B (pt 1/2)
Character Range: 91730–94390

11B  Operational control—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, an eligible financial 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) if the period is included in a fixed charge year—section 11AA does not apply to the facility for the period.

Nomination
 (2) Those persons must, before the end of 31 August next following the eligible financial 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 2011, to have operational control over the facility throughout the period; and
 (b) if there is a provisional emissions number of such a person for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period—for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number