CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 130 Remission of unit shortfall charge imposed on estimation error unit shortfall

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 130

Scope

             (1)  This section applies if a person has a unit shortfall under section 129 for an eligible financial year.

Power to remit

             (2)  The Regulator may remit the whole or a part of an amount of unit shortfall charge imposed on the unit shortfall if the Regulator is satisfied that there are circumstances that make it fair and reasonable to remit some or all of the amount.

             (3)  In deciding whether to remit the whole or a part of an amount of unit shortfall charge, the Regulator must have regard to the following matters:

                     (a)  whether the person took reasonable steps to avoid having the unit shortfall;

                     (b)  the extent to which the unit shortfall is attributable to an increase in emissions that could not reasonably have been foreseen by the person when the person gave the Regulator an estimate under subsection 126(4);

                     (c)  whether the person has had a unit shortfall under section 129 for a previous eligible financial year;

                     (d)  such other matters (if any) as the Regulator considers relevant.

             (4)  The Regulator may exercise the power conferred by subsection (2):

                     (a)  on written application being made to the Regulator by the person; or

                     (b)  on the Regulator's own initiative.

Refusal

             (5)  If:

                     (a)  the Regulator decides to refuse to remit the whole or a part of an amount of unit shortfall charge; and

                     (b)  the Regulator made the decision in response to an application made by the person;

the Regulator must give written notice of the decision to the person.