(1) If a liable entity has lodged an energy acquisition statement for a year but:
(a) the liable entity has not lodged a small - scale technology shortfall statement for the year; and
(b) the Regulator is of the opinion that the liable entity has a small - scale technology shortfall for the year;
the Regulator may make an assessment of the liable entity's small - scale technology shortfall for the year, and of the small - scale technology shortfall charge payable on the shortfall.
(a) a liable entity has not lodged a small - scale technology 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 small - scale technology shortfall for the year;
the Regulator may make an assessment of the liable entity's small - scale technology shortfall for the year, and of the small - scale technology shortfall charge payable on the shortfall.
(3) For the purpose of making an assessment under subsection (1) or (2):
(a) the liable entity's small - scale technology shortfall is taken to be the amount that, in the Regulator's opinion, might reasonably be expected to be the shortfall; and
(b) the Regulator is to take into account any small - scale technology certificates surrendered by the liable entity for any of the quarters of the year under Subdivision A of Division 1.
(4) Small - scale technology 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.