CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 187 Unit shortfall to be entered in the Information Database
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 187
Unit shortfall to be entered in the Information DatabaseScope
(1) This section applies if there is an entry for a person in the Information Database in relation to an eligible financial year.
(2) If:
(a) the Regulator is of the opinion that the person has a unit shortfall for the eligible financial year; and
(b) the Regulator has not made an assessment under section 141 of the person's unit shortfall for the eligible financial year;
the Regulator must enter in the Information Database:
(c) the number that represents the Regulator's reasonable estimate of the number of units in the person's unit shortfall for the eligible financial year; and
(d) the amount that represents the Regulator's reasonable estimate of the amount of unit shortfall charge payable by the person in relation to the unit shortfall.
(3) If the Regulator makes an assessment under section 141 of the person's unit shortfall for the eligible financial year and the unit shortfall charge payable on that shortfall, the Regulator must enter details of the assessment in the Information Database.
(4) In making an estimate under this section, the Regulator may rely on a report given under the National Greenhouse and Energy Reporting Act 2007 by the person.
(5) If:
(a) an assessment has been made under section 141 of the person's unit shortfall for the eligible financial year; and
(b) any of the following subparagraphs applies:
(i) a decision to make, to amend, or to refuse to amend, the assessment is being reconsidered by the Regulator under section 283;
(ii) a decision to make, to amend, or to refuse to amend, the assessment has been affirmed or varied by the Regulator under section 283, and the decision as so affirmed or varied is the subject of an application for review by the Administrative Appeals Tribunal;
(iii) a decision to make, to amend, or to refuse to amend, the assessment is the subject of an application for review by the Administrative Appeals Tribunal;
then:
(c) in any case--the Regulator must make an appropriate annotation in the Information Database; and
(d) if subparagraph (b)(i) applies--when the Regulator notifies the applicant for reconsideration of the Regulator's decision on the reconsideration, the Regulator must make an appropriate annotation in the Information Database; and
(e) if subparagraph (b)(ii) or (iii) applies--when the review by the Administrative Appeals Tribunal (including any court proceedings arising out of the review) has been finalised, the Regulator must make an appropriate annotation in the Information Database.