Commonwealth Numbered Acts

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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 81

Application for liability transfer certificate

Scope

             (1)  This section applies if a company passes the corporate group transfer test in relation to a facility.

Application

             (2)  The company may apply to the Regulator for the issue to the company of a liability transfer certificate in relation to the facility.

             (3)  The company is not entitled to make an application unless the company has the written consent of the member mentioned in paragraph 80(c).

Form of application

             (4)  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)  a written statement by the member mentioned in paragraph 80(c) declaring that the member is a member of the controlling corporation's group; and

                             (ii)  a written statement by the member mentioned in paragraph 80(c) declaring that the facility is under the operational control of the member; and

                            (iii)  the consent of the member mentioned in paragraph 80(c) 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.

             (5)  The approved form of application may provide for verification by statutory declaration of statements in applications.



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