CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 85 Application for liability transfer certificate
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 85
Application for liability transfer certificateScope
(1) This section applies if a person passes the financial control transfer test in relation to a facility.
Application
(2) The person may apply to the Regulator for the issue to the person of a liability transfer certificate in relation to the facility.
(3) The person is not entitled to make an application unless the person has the written consent of:
(a) if the person who has operational control over the facility:
(i) is a member of a controlling corporation's group; and
(ii) is not the controlling corporation;
the controlling corporation; or
(b) otherwise--the person who has operational control over the facility.
(4) If the person:
(a) is a member of a controlling corporation's group; and
(b) is not the controlling corporation of the group;
the person is not entitled to make an application unless the person has the written consent of the controlling corporation of the group.
Form of application
(5) An application must:
(a) be in writing; and
(b) be in a form approved, in writing, by the Regulator; and
(c) be accompanied by:
(i) if paragraph (3)(a) applies--the consent of the controlling corporation mentioned in paragraph (3)(a) to the making of the application; and
(ii) if paragraph (3)(b) applies--the consent of the person mentioned in paragraph (3)(b) to the making of the application; and
(iii) if subsection (4) applies--the consent of the controlling corporation mentioned in subsection (4) to the making of the application; and
(iv) such information as is specified in the regulations; and
(v) such documents (if any) as are specified in the regulations.
(6) The approved form of application may provide for verification by statutory declaration of statements in applications.