Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subsection 9(1) does not apply to a controlling corporation in relation to a particular financial year if the corporation is covered by an exemption under subsection (5) for that year.
(2) A controlling corporation may apply to the Secretary for an exemption from the requirement to be registered under Part 4 in relation to a particular financial year if:
(a) it is not already registered under Part 4; and
(b) the controlling corporation's group met the energy use threshold for the previous financial year (the trigger year ) under section 10.
Note: Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.
(3) The application must be made on or before 31 December in the financial year after the trigger year.
(4) The application must:
(a) contain information required by the regulations; and
(b) be in the form (if any) specified in the regulations.
(4A) Regulations made for the purposes of paragraph (4)(a) may only require information that is reasonably necessary for assessing applications made under this section.
(5) The Secretary must grant the exemption if:
(a) the application is in accordance with subsections (2), (3) and (4); and
(b) the Secretary is satisfied that the controlling corporation's group is not likely to meet the energy use threshold under section 10 for the financial year after the trigger year.
(6) The Secretary is taken to have granted the exemption under subsection (5) if he or she has not given the controlling corporation notice in writing, within 60 days after receiving the application for exemption, of a decision not to grant the exemption.
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