Commonwealth Numbered Acts Commonwealth Numbered ActsScope
(1) This section applies if:
(a) either:
(i) a designated joint venture had a facility (other than a landfill facility) throughout an eligible financial year; or
(ii) a designated joint venture had a facility (other than a landfill facility) for a number of, but not all, days in an eligible financial year (the control days ); and
(b) if subparagraph (a)(i) applies--a person was a participant in the joint venture throughout the eligible financial year; and
(c) if subparagraph (a)(ii) applies--a person was a participant in the joint venture during the control days; and
(d) either:
(i) the facility passes the threshold test set out in subsection (4) or (5) for the eligible financial year; or
(ii) the facility is a large gas consuming facility; and
(e) the total amount of covered emissions from the operation of the facility:
(i) if subparagraph (a)(i) applies--during the eligible financial year; or
(ii) if subparagraph (a)(ii) applies--during the control days;
has a carbon dioxide equivalence of a particular number of tonnes.
(2) For the purposes of this Act, the person's participating percentage of that number is a provisional emissions number of the person for the eligible financial year.
Note: For participating percentage , see section 76 or 77.
(3) For the purposes of this Act, the person is a liable entity for the eligible financial year.
Threshold test--whole year
(4) The facility passes the threshold test for the eligible financial year if:
(a) the designated joint venture had the facility throughout the eligible financial year; and
(b) during the eligible financial year, the total amount of covered emissions from the operation of the facility had a carbon dioxide equivalence of not less than 25,000 tonnes.
Note: See also section 29 (anti-avoidance).
Threshold test--control days
(5) The facility passes the threshold test for the eligible financial year if:
(a) the designated joint venture had the facility for a number of, but not all, days in the eligible financial year (the control days ); and
(b) during the control days, the total amount of covered emissions from the operation of the facility had a carbon dioxide equivalence of not less than the amount worked out using the formula:
Note: See also section 29 (anti-avoidance).
Exemption--liability transfer certificate
(6) For the purposes of this section, if, throughout the whole or a part of the eligible financial year, a liability transfer certificate was in force in relation to the facility, then the designated joint venture is taken not to have had the facility during the whole or the part, as the case may be, of the eligible financial year.
OTNs--no double counting
(7) If:
(a) a designated joint venture had the facility throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the facility was attributable to the combustion of natural gas that was:
(i) supplied by a natural gas supplier to a person (the recipient ) (who may be a participant in the designated joint venture); and
(ii) withdrawn from a gas supply pipeline for the purposes of the use that resulted in that combustion; and
(c) the recipient did not quote the recipient's OTN in relation to the supply of the natural gas;
the amount mentioned in paragraph (b):
(d) does not count for the purposes of subsection (1); and
(e) counts for the purposes of paragraph (4)(b).
(8) If:
(a) the designated joint venture had the facility for a number of, but not all, days in the eligible financial year (the control days ); and
(b) during the control days, an amount of covered emissions from the operation of the facility was attributable to the combustion of natural gas that was:
(i) supplied by a natural gas supplier to a person (the recipient ) (who may be a participant in the designated joint venture); and
(ii) withdrawn from a gas supply pipeline for the purposes of the use that resulted in that combustion; and
(c) the recipient did not quote the recipient's OTN in relation to the supply of the natural gas;
the amount mentioned in paragraph (b):
(d) does not count for the purposes of subsection (1); and
(e) counts for the purposes of paragraph (5)(b).
Rounding
(9) If the provisional emissions number worked out under subsection (2) is not a whole number, the provisional emissions number is to be rounded to the nearest whole number (with a number ending in .5 to be rounded up). For this purpose, zero is taken to be a whole number.
