Document ID: chunk:federal_register_of_legislation:C2013C00334:clause:1_11b:p2
Version: federal_register_of_legislation:C2013C00334
Segment Type: clause
Provision Reference: sch 1 cl 11B (pt 2/4)
Character Range: 26510–29236

day may be later than the day on which the nomination is made, so long as:
 (a) the start day occurs in the same financial year as the day on which the nomination is made; or
 (b) the start day occurs in the financial year next following the financial year in which the nomination is made.

Cancellation of nomination
 (10) The Regulator may cancel a nomination that relates to a facility if the Regulator is satisfied that:
 (a) the facility passes the eligible nomination test, but the nominated person is not a relevant person; or
 (b) the facility does not pass the eligible nomination test; or
 (c) the nominated person has become an externally‑administered body corporate; or
 (d) the nominated person has become an insolvent under administration; or
 (e) the nominated person has an unsatisfactory compliance record.
Note: For unsatisfactory compliance record, see section 11D.
 (11) A cancellation of a nomination takes effect on the day specified in the notice of cancellation as the day on which the cancellation is to take effect.
 (12) If the Regulator cancels a nomination, the Regulator must give written notice of the cancellation to each nominator.

Replacement nomination
 (13) If:
 (a) a nomination (the original nomination) is in force in relation to a facility; and
 (b) another nomination is made in relation to the facility;
the other nomination has no effect unless it is expressed to replace the original nomination.

Revocation of nomination
 (14) If:
 (a) a nomination (the original nomination) is in force in relation to a facility; and
 (b) another nomination is made in relation to the facility; and
 (c) the other nomination is expressed to replace the original nomination;
the original nomination is taken to have been revoked at the beginning of the start day for the other nomination.

Operational control—nomination made
 (15) If:
 (a) a nomination is in force in relation to a facility throughout a particular period; and
 (b) the facility passes the eligible nomination test at all times during the period; and
 (c) the facility is a facility of a joint venture;
the nominated person is taken, for the purposes of this Act, to have operational control of the facility throughout the period.
 (16) If:
 (a) a nomination is in force in relation to a facility throughout a particular period; and
 (b) the facility passes the eligible nomination test at all times during the period; and
 (c) 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 of the facility throughout the period.

Operational control—nomination not made
 (17) If:
 (a) no nomination is in force in relation