2016 exemption certificate form - multiple liable entities · web viewv2.0 03/08/20162016...

FORM

CER-RET-029

V2.0 03/08/2016

2016 Application for exemption certificate – multiple liable entitiesunder the Renewable Energy (Electricity) Act 2000

Purpose of this formUnder the Renewable Energy (Electricity) Act 2000 companies who carry out emissions-intensive trade-exposed (EITE) activities may be eligible for exemption from Large-scale Renewable Energy Target and Small-scale Renewable Energy Scheme liability. Exemption from liability is granted in the form of an exemption certificate.

Prescribed persons can elect to trade their exemption certificate to a liable entity—providing the liable entity with exemption from liability for a certain amount of megawatt-hours of electricity in the given compliance year.

If there are one or more liable entities for the electricity supplied to the site (other than the liable entity set out in the exemption certificate), the prescribed person may use this form to apply for another exemption certificate for a second, or subsequent liable entity.

Eligibility

This form may be used by a prescribed person to apply to the Clean Energy Regulator for another exemption certificate under regulation 22M(b)(i) of the Renewable Energy (Electricity) Regulations 2001 (the regulations) if there were multiple liable entities at the start of the year, or regulation 22M(b)(ii) of the regulations if the second liable entity commenced providing electricity to the facility during the year.

Submitting this form

The ‘2016 Application for exemption certificate – multiple liable entities’ form must be received by the Clean Energy Regulator on or before 30 June 2016 (under regulation 22X(3)(a)) or on or before 3 January 2017 (under regulation 22X(3)(b)).

By post

Post your completed application with any accompanying documentation to:

Clean Energy RegulatorIndustry Assistance SchemesGPO Box 621Canberra ACT 2601

V2.0 03/08/2016 2016 Application for exemption certificate - multiple liable entities 1 of 19

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A copy of the signed form should be kept for your records.

By fax

You can submit your completed application by fax to 02 6159 3886. Please ensure that the original hard copy is also sent in the post.

A copy of the signed form should be kept for your records.

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—multiple liable entities

Part B: Applicant details

Part C: Liable entity

Part D: Calculation for Splitting Exemption

Part E: Declaration

Part F: Statutory declaration

If there is not sufficient 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:

printing the form and filling it in by hand, or

saving the form and filling in an electronic copy.

Note that if you choose the second option, there may be times when you will need to print certain sections in order to sign them or in order to complete multiple entries for a single set of questions.

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 still use either ✔ or ✘.

Go to Where you see an instruction like this - 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/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) directly below.

Mandatory questions

If all fields in a question are mandatory and must be completed, (required) is added to the end of the question label text. If a field in a question is mandatory only IF a condition is met, (required if any) is added to the end of the question label text.

This symbol indicates an instruction on what to do next.


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This symbol indicates additional useful guidance to filling in the adjacent field or section.

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

This symbol advises that additional documentation to support a claim may need to be attached to the application.

Help filling in this form

If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator general enquiries line on 1300 553 542 or email Industry Assistance Schemes1.

1 [email protected]


mailto:[email protected]

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Part A: Prescribed person - multiple liable entities1. Please explain briefly how you are a prescribed person under regulation 22M. (required)

Explanation

2. Were you issued an exemption certificate in relation to an EITE activity and site in 2016? (required)

Yes

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

3. What is the identification number of the exemption certificate? (required) e.g. 2016-DIST-0184-A

Exemption certificate ID

4. At the start of 2016 year were there one or more liable entities in relation to the electricity consumed at the site (other than the liable entity stated on the exemption certificate)? (required)

Yes

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

5. Have you applied to be a prescribed person under sub-regulation 22L(1) in relation to the EITE activity and site for the 2016 year? (required)

Yes You do not meet the criteria to apply for an exemption certificate as a prescribed person under regulation 22M

No

6. Who is the second liable entity in relation to the electricity consumed at the site?

This must be the liable entity that is likely to be responsible for the most amounts of relevant acquisitions consumed at the site during 2016 by all the liable entities (other than the liable entity stated on the exemption certificate).

Second liable entity


Applicant details

Please provide details relating to the applicant.

7. Applicant name (required)

This is the name that appears on the Australian Business Register (see Australian Business Register website2).

Name

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


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

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8. Trading name (required if any)

Provide the trading name, if any.

Name

9. 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

10. 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.

Is the trading name and the street address the same as those provided at questions 8 and 9?

Yes Go to question 11

No Provide details below

Trading name

Address line 1

Address line 2

Suburb/city

State/territory

Postcode

Country


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Primary contact person

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

11. Primary contact person’s details (required)

Provide the person’s full name.

Title (e.g. Mr, Mrs,

Dr)

Given name(s)

Last name

Provide the person’s position.

Position

Provide the person’s contact details.

Phone number

Email


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Secondary contact person

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

12. Secondary contact person’s details (required)

Provide the person’s full name.


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.

13. Executive officer details (required)

Provide the executive officer’s position.

Position

Provide the executive officer’s full name.


Dr)

Given name(s)

Last name

Provide the executive officer’s contact details.

Phone number

Email


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Emissions-Intensive trade-exposed activity

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

14. EITE activity details (required)

Identify the EITE activity to which this application relates.

A list of all eligible EITE activities is included in Schedule 6 to the Regulations and summarised in Appendix E to this form.

Name of EITE activity

15. How will the EITE activity be carried on 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 on in the context of total production at the site in 2016, and state how requirements relating to the relevant activity definition under Schedule 6 to 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 on the site that is reflected in that information.

How the EITE activity is

carried on 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 2014-15 in relation to the EITE activity carried on at the site. Provide additional information as attachments if required.

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

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


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Part C: Liable entity The Clean Energy Regulator may seek your permission during the assessment process to contact the liable

entity for clarification about the information provided in this application.

Liable entity details

Please provide details of the second liable entity, whom the exemption certificate will relate to.

17. Second liable entity details (required)

Provide the name of the second liable entity.

This is the name that appears on the Australian Business Register (see Australian Business Register website3).

Company name

Provide the trading name if any.

Trading name

Which name is used in the REC Registry?

Company name

Trading name

Provide the ABN for the liable entity.

ABN

18. Description of the liable entities (required)

Details of the other liable

entity

Attach a copy of the schedule to the electricity contract with the second liable entity (unless previously submitted to the Clean Energy Regulator).

Attached

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

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

Attached

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


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

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Part D: Calculation for Splitting Exemption Calculate the expected exemption for the second liable entity for 2016.

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

Amount of exemption MWh (OL)

21. Provide a reasonable estimate of the expected relevant acquisitions consumed at the site for the first liable entity in 2016 (required)

Estimated acquisitions MWh (FL)

22. Provide a reasonable estimate of the expected relevant acquisitions consumed at the site for the second liable entity in 2016 (required)

Estimated acquisitions MWh (SL)

23. Estimate the exemption to be set out in the exemption certificate for the second liable entity for 2016 in relation to the EITE activity and site, based on the method in regulation 22ZG – please round down to the nearest whole number (required)

Please calculate the exemption using the formula: OL × SL ÷ (SL + FL) G= EC−EGEC

×100

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

a) declares that the information supplied in this form is true and correct and that he/she is authorised to make this application on behalf of the applicant named in the form;

b) acknowledges that giving false or misleading information is a serious offence and carries penalties under the Criminal Code Act 1995;

c) acknowledges that the Clean Energy Regulator may amend an exemption certificate in accordance with the provisions of section 46C of the Renewable Energy (Electricity) Act 2000 (the Act);

d) acknowledges that the Clean Energy Regulator can seek to verify information provided under the Act or check compliance with the Act by consent or monitoring warrant. Authorised officers of the Clean Energy Regulator can request or require that information be provided as part of this process;

e) acknowledges that failure to provide information to an authorised officer when requested under a monitoring warrant constitutes an offence with a maximum penalty of imprisonment for 6 months under section 113 of the Act;

f) acknowledges that knowingly providing false or misleading evidence is an offence with a maximum penalty of imprisonment for 12 months under section 125E of the Act;

g) acknowledges that the Clean Energy Regulator must publish information about exemptions on its website, as specified under section 38C of the Act;

h) acknowledges that the Act (section 160) and the Renewable Energy (Electricity) Regulations 2001 (regulation 22ZT) impose an obligation with respect of the retention of records relating to this form; and


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i) acknowledges that protected information provided in the application will be treated in accordance with the secrecy provisions of the Act and the Clean Energy Regulator Act 2011 (noting that these may allow information to be divulged to specified persons or bodies under specified circumstances).

Full name of signatory

Title/position

Organisation (if applicable)

Signature

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

Signature date


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Part F: Statutory declaration 24. Verification of application by statutory declaration (required)

You must complete the statutory declaration provided on the next page to verify that the information in this application is accurate and complete.

The statutory declaration must be made by one of the following persons:

A director of the applicant

The applicant’s chief executive officer

The applicant’s chief financial officer

The applicant’s company secretary

It is important to ensure that:

The full name, address and occupation of the person making the declaration are included in item 1

The full name, qualification and address of the person before whom the declaration is made are included at item 8.

Attach the original signed statutory declaration made in accordance with the Statutory Declarations Act 1959. Tick the box to confirm the declaration has been attached.

Documentary evidence type Attached

Statutory declaration


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Commonwealth of Australia

STATUTORY DECLARATION

Statutory Declarations Act 1959

1 Insert the name, address and occupation of person making the declaration

1 I,

make the following declaration under the Statutory Declarations Act 1959:

2 Set out matter declared to in numbered paragraphs

2 I state that, based on all reasonable steps having been taken to verify the information in this application, this application is accurate and complete as far as I know.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

3 Signature of person making the declaration

3

4 Place

5 Day

6 Month and year

Declared at 4 on 5 of 6

Before me,

7 Signature of person before whom the declaration is made (see over)

7

8 Full name, qualification and address of person before whom the declaration is made (in printed letters)

8

Note 1: A person who intentionally makes a false statement in a statutory declaration is guilty of an offence, the punishment for which is imprisonment for a term of four years. See section 11 of the Statutory Declarations Act 1959.

Note 2: Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations Act 1959. See section 5A of the Statutory Declarations Act 1959.


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Statutory declaration criteria

A statutory declaration under the Statutory Declarations Act 1959 may be made beforea) (1) a person who is currently licensed or registered under

a law to practise in one of the following occupations:

Chiropractor

Dentist

Legal practitioner

Medical practitioner

Nurse

Optometrist

Patent attorney

Pharmacist

Physiotherapist

Psychologist

Trade marks attorney

Veterinary surgeon

b) (2) a person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as a legal practitioner (however described), or

c) (3) a person who is in the following list:

Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public

Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955)

Bailiff

Bank officer with 5 or more continuous years of service

Building society officer with 5 or more years of continuous service

Chief executive officer of a Commonwealth court

Clerk of a court

Commissioner for Affidavits

Commissioner for Declarations

Credit union officer with 5 or more years of continuous service

Employee of the Australian Trade Commission who is:

a. in a country or place outside Australia; andb. authorised under paragraph 3 (d) of the

Consular Fees Act 195, andc. exercising his or her function in that place

Employee of the Commonwealth who is:

d. in a country or place outside Australia; ande. authorised under paragraph 3 (c) of the

Consular Fees Act 1955, andf. exercising his or her function in that place

Fellow of the National Tax Accountants’ Association

Finance company officer with 5 or more years of continuous service

Holder of a statutory office not specified in another item in this list

Judge of a court

Justice of the Peace

Magistrate

Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961

Master of a court

Member of Chartered Secretaries Australia

Member of Engineers Australia, other than at the grade of student

Member of the Association of Taxation and Management Accountants

Member of the Australasian Institute of Mining and Metallurgy

Member of the Australian Defence Force who is:

g. an officer; orh. a non-commissioned officer within the

meaning of the Defence Force Discipline Act 1982 with 5 or more years of continuous service; or

i. a warrant officer within the meaning of that Act

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

Member of:

j. the Parliament of the Commonwealth; ork. the Parliament of a State; orl. a Territory legislature; orm. a local government authority of a State or

Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961

Notary public

Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

Permanent employee of:

n. the Commonwealth or a Commonwealth authority; or

o. (b) a State or Territory or a State or Territory authority; or

p. a local government authority;with 5 or more years of continuous service who is not specified in another item in this list

Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is made

Police officer

Registrar, or Deputy Registrar, of a court

Senior Executive Service employee of:

q. the Commonwealth or a Commonwealth authority; or

r. a State or Territory or a State or Territory authority

Sheriff

Sheriff’s officer


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Teacher employed on a full-time basis at a school or tertiary education institution.

Member of the Australasian Institute of Mining and Metallurgy.

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

that all attachments have been provided with this application. Check the box when you have completed the task beside it.

Part A: Prescribed person - multiple liable entities

Tick Task Number attached

Completed all required fields. N/A




Part C: RET liable entity



Part D: Calculation for Splitting Exemption



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

Part E: Declaration



Part F: Statutory declaration




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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

EC means 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.

Person Means any of the following:

a body corporate

a trust

a corporation sole

a body politic

a local governing body, or

an individual.

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


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Assessment of the application

Once a complete application has been received, the Clean Energy Regulator will consider the application and the supporting documentation provided in accordance with the provisions of the legislation. If the application is a valid application, the Clean Energy Regulator will issue an exemption certificate to the applicant. The Clean Energy Regulator may also seek further information from the applicant when assessing the application.

To enable quick assessment of your application, please ensure that all details provided in this application are accurate, up to date and complete. An application will only be assessed if the required information is provided.

The Clean Energy Regulator must issue an exemption certificate within 60 days of receiving the application or if the Clean Energy Regulator requires further information to be provided, within 45 days of the applicant providing further information. 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 regulation 22E of the Renewable Energy (Electricity) Regulations 2001.

Published information includes the name of each person to whom an exemption certificate is issued and the emissions-intensive trade-exposed (EITE) activity set out in the exemption certificate, and the total amount of exemptions given for each EITE activity.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions in Part 3 of the Clean Energy Regulator Act 2011 and by the Privacy Act 1988.

Privacy statement

'Personal information', as defined in the Privacy Act 1988, means any information from which a person’s identity is apparent or can be reasonably ascertained.

Personal information collected in relation to this application will be used for the purpose of assessing the application, auditing compliance, enforcement of relevant laws and regulations and for related purposes. The collection of personal information is authorised under the Renewable Energy (Electricity) Act 2000.

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 enquiries4.

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.

4 [email protected]


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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

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.


2016 exemption certificate form - multiple liable entities · web viewv2.0 03/08/20162016...

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