2017 exemption certificate form - multiple liable …€¦ · web viewall information provided in,...

2017 Application for an exemption certificate – multiple liable entitiesunder the Renewable Energy (Electricity) Act 2000

Purpose of this formUnder 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 Large-scale Renewable Energy Target and Small-scale Renewable Energy Scheme 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 Renewable Energy Target (RET) liable entity to provide the RET 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 RET liable entities for the electricity supplied to the site (other than the RET liable entity set out in the exemption certificate), this form may be used to apply for another exemption certificate for a second, or subsequent RET liable entity.

Eligibility

Under regulation 22M 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 2017 may apply to the Clean Energy Regulator for another exemption certificate, if there were multiple RET liable entities at the start of the year (paragraph 22M(b)(i)), or if during the year additional RET liable entities started providing electricity to the facility (paragraph 22M(b)(ii)).

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 in the application forms 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.

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

1 http://www.comlaw.gov.au/Series/C2004A00767 2 http://www.comlaw.gov.au/Series/F2001B00053

V2.1 29/11/2016 2017 Application for exemption certificate 1 of 19

FORM

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V2.1 29/11/2016

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

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

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- seek independent advice before submitting an application

- discuss their application with the Clean Energy Regulator

before applying for an exemption certificate.

Applicants should ensure they allow sufficient time to complete their application (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 2017 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

The 2017 Application for an exemption certificate – multiple liable entities form must be received by the Clean Energy Regulator on or before 30 June 2016 (if made in relation to paragraph 22M(b)(i)) or on or before 31 December 2017 (if made in relation to paragraph 22M(b)(ii)). Please note that these deadlines may be affected by the Acts Interpretation Act 1901, which, among other things, applies where a deadline falls on a public holiday or a weekend.

It is recommended that you submit your application early in 2017 to allow sufficient time to assess whether your application is validly made.

By post

Post your completed application with any accompanying documentation to:

Clean Energy RegulatorIndustry Assistance SchemesGPO Box 621Canberra ACT 2601

By fax

You can submit your completed application by fax to 02 6159 3886.

By email

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

If you choose to submit by email or fax, you will also need to submit a hard copy original of the statutory declaration in Part F by post. The entire form does NOT need to be posted.

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.


mailto:[email protected]

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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 RET liable entities

Part B: Applicant details

Part C: RET liable entity

Part D: Calculation for Splitting Exemption

Part E: Declaration

Part F: Statutory 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 still 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.


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Help filling in this form

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

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]

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Part A: Prescribed person - multiple RET 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 2017? (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? (e.g. 2017-DIST-0184-A) (required)

Exemption certificate ID

4. At the start of 2017 year were there one or more RET liable entities in relation to the electricity consumed at the site (other than the RET 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 subregulation 22L(1) in relation to the EITE activity and site for the 2017 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 RET liable entity in relation to the electricity consumed at the site?

This must be the RET liable entity that is likely to be responsible for the most amounts of relevant acquisitions consumed at the site during 2017 by all the RET liable entities (other than the RET liable entity stated on the exemption certificate).

Second RET liable entity


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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 ABR website to check: www.abr.business.gov.au/).

Name

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 relating 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


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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 with 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 cannot be reached.

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 need to 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.

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

Name of EITE activity

15. 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 2017, including any relevant approvals, and state how requirements relating to the relevant activity specified 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 2015-16 in relation to the EITE activity carried out 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. (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


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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

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

17. Second RET liable entity details. (required)

Provide the name of the second 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 REC Registry?

Company name

Trading name

Provide the ABN for the RET liable entity.

ABN

18. Description of the RET liable entities. (required)

Details of the other RET liable

entity

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

Attached

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

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

Attached


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

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Part D: Calculation for Splitting Exemption Calculate the expected exemption for the second RET liable entity for 2017.

20. What is the amount of the exemption set out in the exemption certificate issued in relation to the first RET 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 RET liable entity in 2017. (required)

Estimated acquisitions MWh (FL)

22. Provide a reasonable estimate of the expected relevant acquisitions consumed at the site for the second RET liable entity in 2017. (required)

Estimated acquisitions MWh (SL)

23. Estimate the exemption to be set out in the exemption certificate for the second RET liable entity for 2017 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


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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) 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


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

A statutory declaration must be made that verifies, for the applicant, that based on all reasonable steps having been taken to verify the information in this application, the application is accurate and complete as far as the verifying person knows.

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.


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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.

A statutory declaration under the Statutory Declarations Act 1959 may be made before


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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

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


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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 - multiple RET liable entities

Tick Task Number attached

Accurately completed all required fields. Not applicable




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


Accurately completed all required fields.


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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 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.

- 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 2017 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 45 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.

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 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; and(b) 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


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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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