Commonwealth Consolidated Acts

RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 48

             (1)  If a liable entity has lodged an energy acquisition statement for a year but:

                     (a)  the liable entity has not lodged a large-scale generation shortfall statement for the year; and

                     (b)  the Regulator is of the opinion that the liable entity has a large-scale generation shortfall for the year;

the Regulator may make an assessment of the liable entity's large-scale generation shortfall for the year, and of the large-scale generation shortfall charge (if any) payable on the shortfall.

             (2)  If:

                     (a)  a liable entity has not lodged a large-scale generation shortfall statement for a year; and

                     (b)  the liable entity has also not lodged an energy acquisition statement for the year; and

                     (c)  the Regulator is of the opinion that the liable entity has a large-scale generation shortfall for the year;

the Regulator may make an assessment of the liable entity's large-scale generation shortfall for the year, and of the large-scale generation shortfall charge (if any) payable on the shortfall.

             (3)  For the purpose of making an assessment under subsection (1) or (2):

                     (a)  the liable entity's large-scale generation shortfall is taken to be the amount that, in the Regulator's opinion, might reasonably be expected to be the shortfall; and

                     (b)  in the case of an assessment under subsection (1)--the Regulator is to take into account any large-scale generation certificates surrendered by the liable entity under Subdivision A of Division 1 for the year; and

                     (c)  in the case of an assessment under subsection (2)--the Regulator is to assume that the liable entity did not surrender any large-scale generation certificates under Subdivision A of Division 1 for the year.

             (4)  Large-scale generation shortfall charge in relation to an assessment for a year made under this section is taken to have become payable on 14 February in the next year.

             (5)  An assessment for a year under this section cannot be made until after 14 February in the next year.