CER-RET-028 2019 Application for an exemption …€¦ · Web...

2019 Application for an exemption certificate – production calculation method - change of liable entityunder the Renewable Energy (Electricity) Act 2000

Purpose of this formThis form may be used to apply for a second or third exemption certificate in relation to the new Renewable Energy Target (RET) liable entity or entities under the production calculation method. If the RET liable entity changes during the 2019 year you should complete this form.

Under the Renewable Energy (Electricity) Act 2000 (the Act), electricity used in carrying out emissions-intensive trade-exposed (EITE) activities may be eligible for exemption from RET liability. Exemption from liability is granted to the prescribed person carrying out the EITE activity in the form of an exemption certificate.

Subject to agreement from the prescribed person, an exemption certificate may be traded with a RET liable entity to provide the RET liable entity with exemption from liability for a certain amount of megawatt hours (MWh) of electricity, for the given compliance year.

Eligibility

Under regulation 22L (liable entity changes) of the Renewable Energy (Electricity) Regulations 2001 (the Regulations), a person who has been granted an exemption certificate for an EITE activity carried out in 2019 may apply to the Clean Energy Regulator for a second or third exemption certificate if, during the 2019 year, the RET liable entity named on the existing exemption certificate ceases to supply electricity to the site detailed on the certificate, and a new RET liable entity begins supplying electricity to the site.

Making a valid application for an exemption certificate

The Clean Energy Regulator will only assess validly made applications for exemption certificates. Validly made applications must be accurately completed and contain all information required by this application form in accordance with relevant provisions in the Act and the Regulations. This includes any documentation that supports the application.

An exemption certificate will not be issued if the application is not validly made.

V1.0 02/01/2019 2019 Application for an exemption certificate – production calculation method - change of liable entity 1 of 16

FORM

CER-RET-028

V1.0 02/01/2019

To ensure that an application for an exemption certificate is validly made, applicants should familiarise themselves with relevant parts of the Act1 and the Regulations2 before applying for an exemption certificate. Before applying for an exemption certificate applicants may:

seek independent advice, and

discuss their application with the Clean Energy Regulator.

Applicants should ensure they allow sufficient time to complete and submit their application on or before 31 December 2019 (including for seeking independent advice, or after reviewing this form and the guidelines, discussing with the Clean Energy Regulator).

Where applications are not validly made

If an application is not validly made, the Clean Energy Regulator will advise the applicant in writing that the application is not validly made and the reasons why it is not a validly made application.

The applicant may re-submit an application for assessment before the legislated deadline.

Where applications are not validly made and the deadline has passed, no further assessment will be undertaken.

It is recommended that you submit your application early in 2019 to allow sufficient time to assess whether your application is validly made.

The Clean Energy Regulator will not issue Requests for Further Information for applications not validly made.

Submitting this form

It is recommended that you submit your application early in 2019 to allow sufficient time to assess whether your application is validly made, or as soon as a change in liable entity is confirmed.

The 2019 Application for an exemption certificate - change of liable entity form must be received by the Clean Energy Regulator on or before 31 December 2019. Please note that this deadline has been affected by the Acts Interpretation Act 1901, which, among other things, applies where a deadline falls on a public holiday or a weekend.

By post

Post your completed application with any accompanying documentation to:

Clean Energy RegulatorIndustry Assistance SchemesGPO Box 621Canberra ACT 2601

By email

You can submit your completed application by email: [email protected].

Regardless of how you lodge your completed application, you should keep a copy of all parts of the signed form submitted to the Clean Energy Regulator for your records.

1 http://www.comlaw.gov.au/Series/C2004A00767

2 http://www.comlaw.gov.au/Series/F2001B00053


http://www.comlaw.gov.au/Series/F2001B00053

http://www.comlaw.gov.au/Series/C2004A00767

Instructions for completing this formPlease read each part of the application carefully, fully answer all the questions, sign where indicated, and attach the required documentation.

You must complete and submit:

Part A: Prescribed person - change of RET liable entity

Part B: Applicant details

Part C: RET liable entity

Part D: Calculation for splitting exemption between two or more RET liable entities

Part E: Declaration

If there is insufficient space to complete your answer, provide the answer as an attachment.

Please reference and label attachments in a logical manner. Lengthy or large attachments may be provided in electronic format.

You can choose to complete this form by:

1. printing this application form and filling it in by hand, or

2. saving this application form and filling in an electronic copy.

Note that if you choose the second option, you will also need to print certain sections in order to sign them.

Pen colours Please use a black or blue pen to write on the form.

Check boxes Mark boxes like this with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can use either ✔ or ✘.

Go to Where you see an instruction, Go to question 5, mark the relevant box with a ✔ or ✘and then skip to the question number shown. You do not need to answer the question(s) in between.

Where an instruction has a black double arrow, , go to the next indicated part or section. Where an instruction has a black single arrow, , go to the next question. Where an instruction has a black single arrow pointing down, , fill in the field(s) below.

Mandatory questions

If the question is mandatory, required is added to the end of the question.

When a question is mandatory upon certain conditions being met, required if any, is added to the end of the question.

This symbol indicates what to do next.

This symbol indicates additional useful guidance.

This symbol advises that more than one entry may be required and you may need to photocopy or print the section or fill in a duplicate.

This symbol advises that supporting documentation may need to be attached.


N/A Not applicable.

Help filling in this form

If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator via email at [email protected] or on the general enquiries line 1300 553 542.

Legislation

A reference to a legislative provision in this form is a reference to a provision of the Renewable Energy (Electricity) Regulations 2001, unless stated otherwise.


mailto:[email protected]

Part A: Prescribed person - change of RET liable entity

1. Please explain briefly how you are a prescribed person under regulation 22L. (required)

Explanation

2. Were you issued an exemption certificate that was worked out under the production calculation method in relation to an EITE activity and site in 2019? (required)

Yes

No You do not meet the criteria to apply for an exemption certificate as a prescribed person under regulation 22L

3. What is the identification number of the exemption certificate? (required)

This is the number on the certificate issued by the Clean Energy Regulator (e.g. 2019-P-XXXX-0075-1-A)

Exemption Certificate ID

4. During 2019, did the RET liable entity stated on the exemption certificate cease to be the RET liable entity in relation to the electricity consumed at the site? (required) For example, did your contract for the supply of electricity with your electricity retailer/supplier/liable entity cease during the year?

Yes

No You do not meet the criteria to apply for an exemption certificate as a prescribed person under regulation 22L

5. Who is the new RET liable entity in relation to the electricity consumed at the site? (required) For example, who is the electricity retailer/liable entity you contract with next?

New RET liable entity



Applicant details

Please provide details relating to the applicant.

6. Applicant name. (required)

This is the name that appears on the Australian Business Register (see ABR website to check: www.abr.business.gov.au/).

Name

7. Trading name. (required if any)

Provide the trading name, if any.

Name

8. Postal address. (required)

The Clean Energy Regulator will use this address for all correspondence related to the assessment of this application.

Address line 1

Address line 2

Address line 3

Suburb/city

State/territory

Postcode

Country

9. Identifying details. (required)

You must provide one of the following for the applicant in order of precedence: ABN, ACN, ARBN or trading name and street address.

ABN

If the applicant does not have an ABN, please provide the applicant’s ACN.

ACN

If the applicant does not have an ABN or an ACN, please provide the applicant’s ARBN.

ARBN

If the applicant does not have an ABN, ACN or an ARBN please provide the applicant's trading name and street address.

Are the trading name and the street address the same as those provided at questions 7 and 8?

Yes Go to question 10


http://www.abr.business.gov.au/

No Provide details below

Trading name

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country

Primary contact person

Nominate a primary contact person with whom the Clean Energy Regulator will deal on matters relating to the application.

10. Primary contact person’s details. (required)

Provide the person’s full name.

Title (e.g. Ms, Mr,

Mrs, Dr)

Given name(s)

Last name

Provide the person’s position.

Position

Provide the person’s contact details.

Phone number

Email


Secondary contact person

The Clean Energy Regulator may contact this person if the primary contact is not contactable.

11. Secondary contact person’s details. (required)

Provide the person’s full name.

Title (e.g. Ms, Mr,

Mrs, Dr)

Given name(s)

Last name

Provide the person’s position.

Position

Provide the person’s contact details.

Phone number

Email

Executive officer

The Clean Energy Regulator may contact this person if required.

12. Executive officer details. (required)

Provide the executive officer’s position.

Position

Provide the executive officer’s full name.

Title (e.g. Ms, Mr,

Mrs, Dr)

Given name(s)

Last name

Provide the executive officer’s contact details.

Phone number

Email


Emissions-Intensive trade-exposed activity

In this section you need to identify the EITE activity carried out at the site relating to this application

13. EITE activity details. (required)

Identify the EITE activity to which this application relates.

Eligible EITE activities are specified in Schedule 6 of the Regulations and summarised in Appendix E to this form.

Name of EITE activity

14. How will the EITE activity be carried out at the site? (required)

If the information has not already been provided to the Clean Energy Regulator, describe how the EITE activity will be carried out in the context of total production at the site in 2019, including any relevant approvals, and state how requirements relating to the relevant activity specified in Schedule 6 of the Regulations are met. Check one of the boxes below.

If insufficient space please provide additional information as an attachment.

All relevant information was provided to the Clean Energy Regulator with a previous exemption certificate application and no changes have occurred to how the EITE activity is carried out at the site that is reflected in that information.

How the EITE activity is

carried out at the site (if not

already provided)

Quantity of relevant product

In this section you will provide details of the quantity of relevant product for 2017-18 in relation to the EITE activity carried out at the site. Provide additional information as attachments if required.

15. If the information has not already been provided to the Clean Energy Regulator, provide details of each relevant product in relation to the site. (required)

Complete and attach a copy of Appendix D for each relevant product, unless this information has already been submitted to the Clean Energy Regulator in a previous exemption certificate application.

All relevant information was provided to the Clean Energy Regulator with a previous exemption certificate application and no changes have occurred to the relevant product reflected in that information

Attached


Part C: RET liable entity The Clean Energy Regulator may contact the RET liable entity about this application; we will contact you before this

occurs.

RET liable entity details

Provide details of the new RET liable entity in relation to the electricity consumed at the site, which the exemption certificate will relate to.

16. New RET liable entity details. (required)

Provide the name of the RET liable entity.

This is the name that appears on the Australian Business Register (see ABR website to check: www.abr.business.gov.au/).

Company name

Provide the trading name if any.

Trading name

Which name is used in the Renewable Energy Certificate (REC) Registry?

Company name

Trading name

Provide the ABN for the RET liable entity.

ABN

17. Specify the circumstances in which the old RET liable entity ceased to be the RET liable entity. (required)

Details of the change of RET

liable entity

18. Provide evidence of the date on which the old RET liable entity ceased to be the RET liable entity and the date on which the new RET liable entity became the RET liable entity. (required)

Attach evidence of dates, such as the schedule to the new electricity supply contract.

Attached

19. Provide evidence that both the old and new RET liable entities have been informed of the application for an exemption certificate. (required)

Attach evidence that both RET liable entities have been informed of the application.

Attached


http://www.abr.business.gov.au/


Calculate the expected exemption for the new RET liable entity for 2019.

20. What is the amount of the exemption set out in the issued exemption certificate in relation to the old RET liable entity? (required)

Amount of exemption MWh (OL)

21. What is the number of days in 2019 that the new RET liable entity will be the RET liable entity? (required)

Days MWh (D)

22. What is the number of days in 2019 that the old RET liable entity was the RET liable entity? (required)

Days MWh (OLD)

23. Is this application in relation to a third RET liable entity for 2019 in relation to the EITE activity and site? (required)

Yes Go to question 25

No Go to question 24

24. Estimate the exemption you expect to be set out in the exemption certificate for the new (second) RET liable entity for 2019 in relation to the EITE activity and site, based on the method of regulation 22ZF (required)

Please calculate the exemption using the formula: OLxD

year ' sdays

Estimated amount of exemption

MWh

You have completed this section. Go directly to Part E.

25. Estimate the exemption you expect to be set out in the exemption certificate for the new (third) RET liable entity for 2019 in relation to the EITE activity and site, based on the method in regulation 22ZF (required)

Please calculate the exemption using the formula: OLx DOLD

Estimated amount of exemption

MWh


Part E: DeclarationThis section must be signed by the applicant, (if an individual), or by a representative of the applicant, on their behalf.

By signing below, the signatory declares and acknowledges that:

a) they have the legal capacity and authority to make the application on behalf of the applicant;b) acknowledges that giving false or misleading information is a serious offence and carries penalties under the

Criminal Code Act 1995;c) all information provided in, or in relation to, this form is, having made all reasonable enquiries, complete,

true and correct and not misleading by inclusion or omission;d) the applicant authorises the Clean Energy Regulator to copy, record, use or disclose any of the information

provided in relation to this application for the purposes of processing the application, monitoring compliance, enforcement of laws, the performance of the Clean Energy Regulator’s statutory functions and for related purposes subject to the requirements of relevant laws, in particular the Privacy Act 1988 and Part 3 of the Clean Energy Regulator Act 2011; and

e) the personal information provided in this application may also be copied, recorded, used or disclosed by the Clean Energy Regulator for its administrative purposes, for example, to pre-populate other Clean Energy Regulator forms filled out online in the future, and for improving the Clean Energy Regulator’s service delivery to the applicant.

Full name of signatory

Title or position

Organisation (if applicable)

Signature

Day (dd) Month (mm) Year (yyyy)

Signature date


Application checklist Ensure you have completed all the mandatory and any other applicable sections and that all attachments

have been provided with this application. Check the box when you have completed the task.

Part A: Prescribed person – change of RET liable entity

Tick Task Number attached

Accurately completed all required fields. N/A




Part C: RET liable entity


Accurately completed all required fields and included required attachments. N/A




All necessary approvals to support EITE activity (if applicable).

Part E: Declaration




Additional information

Definitions

For the purposes of this form:

Act means the Renewable Energy (Electricity) Act 2000

Applicant means a prescribed person that makes an application for an exemption certificate

EITE activity means an emissions-intensive trade-exposed activity as defined in Schedule 6 to the Regulations

Executive officer means, in relation to a body corporate:

a director of the body corporate, or

the chief executive officer (however described) of the body corporate, or

the chief financial officer (however described) of the body corporate, or

the secretary of the body corporate.

Exemption certificate

means exemption certificate

Person means any of the following:

a body corporate

a body politic

a natural person.

Regulations means the Renewable Energy (Electricity) Regulations 2001

Liable entity has the same meaning as in the Act

Site means the site at which the EITE activity is wholly or partly carried on


Assessment of the application

Once a completed application has been received, the Clean Energy Regulator will make an initial assessment of the application and the supporting documentation provided.

An application and supporting documentation will only continue to be assessed if the application is a validly made application under the Act and the Regulations.

If an application is not validly made, the Clean Energy Regulator will advise the applicant in writing that the application is not validly made and the reasons why it is not a validly made application:

The applicant may re-submit an application for assessment before the legislated deadline of 31 December 2019.

Where applications are not validly made and the deadline has passed, no further assessment will be undertaken.

It is recommended that you submit your application early in 2019 to allow sufficient time to assess whether your application is validly made.

The Clean Energy Regulator will not issue Requests for Further information for applications not validly made.

In general, the Clean Energy Regulator must issue an exemption certificate within 60 days of receiving a validly made application, or within 60 days, after receiving further information requested by the Clean Energy Regulator in respect of a validly made application. The Clean Energy Regulator will notify the applicant in writing of the decision on the application.

Publishing of information

The Clean Energy Regulator must publish information about an exemption certificate on the Clean Energy Regulator website, in accordance with section 38C of the Renewable Energy (Electricity) Act 2000 and 22E of the Renewable Energy (Electricity) Regulations 2001.

This information includes the name of each person to whom an exemption certificate is issued and the EITE activity set out in the exemption certificate, the estimated value in dollars of the amount of exemption, and the total amount of exemptions given for each EITE activity.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 (Clean Energy Act) for the information it collects in relation to this application and also by the Privacy Act 1988 in regard to personal information it collects.

Privacy statement

'Personal information' is defined in the Privacy Act 1988 to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable:

a) whether the information or opinion is true or not; andb) whether the information or opinion is recorded in a material form or not.


The collection of personal information relating to this application is authorised by the Renewable Energy (Electricity) Act 2000 and the Renewable Energy (Electricity) Regulations 2001.

Personal information collected in relation to this application will be used for the purposes of assessing the application, monitoring compliance, enforcement of relevant laws, the performance of our statutory functions and for related purposes. We will also use the personal information which you provide for our administrative purposes, for example, to pre populate other Clean Energy Regulator forms which you wish to fill out online in ‐the future, and for improving our service delivery to you. We cannot process an application if we do not collect the relevant personal information.

The Clean Energy Regulator’s Privacy Policy contains information about the agency’s procedures for handling personal information including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about a breach of the Australian Privacy Principles. The Clean Energy Regulator’s Privacy Policy can be found on the Clean Energy R e gul a tor w e bsit e 3 .

Accessibility disclaimer

The Clean Energy Regulator has worked to ensure that this document is accessible but please contact us to obtain an alternative version if you are having difficulty or you have specific accessibility needs.

Please call 1300 553 542 or email the name of the form and your needs to: [email protected].

Disclosure of information

The Clean Energy Regulator and authorised staff are only able to disclose information relating to the affairs of a person (including personal information) collected in relation to this application in accordance with the Clean Energy Regulator Act 2011 or as otherwise required by law.

Part 3 of the Clean Energy Regulator Act 2011 prevents disclosure of relevant information except in circumstances set out in that Part. Those circumstances include:

disclosure for the purposes of a climate change law or for the purposes of the performance of our functions under a climate change law

disclosure to the Minister

disclosure of summaries or statistics if those summaries or statistics are not likely to enable the identification of a person

disclosure to certain bodies where the Chair of the Clean Energy Regulator is satisfied that disclosure will assist those bodies in the performance of their functions or powers, including the Australian Securities and Investment Commission, and the Australian Competition and Consumer Commission, and

disclosure for the purposes of enforcement of the criminal law, enforcement of a law imposing a pecuniary penalty or for protection of the public revenue, if the Chair of the Clean Energy Regulator is satisfied that disclosure is reasonably necessary for such purpose.

3 http://www.cleanenergyregulator.gov.au/


http://www.cleanenergyregulator.gov.au/

http://www.cleanenergyregulator.gov.au/

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