CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 36 Liable entity--supply of natural gas to a person who misuses the person's OTN

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 36

Preliminary emissions number

             (1)  For the purposes of this Act, if:

                     (a)  during an eligible financial year, a natural gas supplier supplies an amount of natural gas to another person (the OTN holder ) who quotes the OTN holder's OTN in relation to the supply; and

                    (aa)  it may reasonably be expected that the natural gas is wholly or partly for use by the OTN holder; and

                     (b)  the OTN holder was not permitted or required by this Act to quote the OTN holder's OTN; and

                     (c)  the natural gas is withdrawn from a natural gas supply pipeline for the purposes of the use; and

                     (d)  the withdrawal takes place in Australia; and

                     (e)  the potential greenhouse gas emissions embodied in the amount mentioned in paragraph (a) have a carbon dioxide equivalence of a particular number of tonnes;

that number is a preliminary emissions number of the OTN holder for the eligible financial year.

Provisional emissions number and liable entity

             (2)  If the OTN holder has, under subsection (1), one or more preliminary emissions numbers for the eligible financial year, then, for the purposes of this Act:

                     (a)  the sum of the preliminary emissions numbers is a provisional emissions number of the OTN holder for the eligible financial year; and

                     (b)  the OTN holder is a liable entity for the eligible financial year.