CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 141 Assessment of unit shortfall and unit shortfall charge
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 141
Assessment of unit shortfall and unit shortfall chargeScope
(1) This section applies if the Regulator has reasonable grounds to believe that:
(a) a person is a liable entity for an eligible financial year; and
(b) the person has a unit shortfall for the eligible financial year.
Assessment
(2) The Regulator may:
(a) make an assessment of:
(i) the unit shortfall; or
(ii) the unit shortfall charge payable on the unit shortfall; and
(b) give written notice of the assessment to the person.
Amendment of assessments
(3) The Regulator may amend an assessment under this section at any time.
(4) The Regulator may exercise the power conferred by subsection (3):
(a) on written application being made to the Regulator by the person to whom the assessment relates; or
(b) on the Regulator's own initiative.
(5) If the Regulator amends an assessment, the Regulator must give written notice of the amendment to the person to whom the assessment relates.
(6) If:
(a) the Regulator decides to refuse to amend an assessment; and
(b) the Regulator made the decision in response to an application by the person to whom the assessment relates;
the Regulator must give written notice of the decision to the person.
(7) For the purposes of this Act, an amended assessment is taken to be an assessment under this section.
Reliance on report
(8) In making an assessment under this section, the Regulator may rely on a report given under the National Greenhouse and Energy Reporting Act 2007 .
Advisory character of assessment
(9) A notice of assessment under this section is an instrument of an advisory character.