97CD   Assessment of compliance with greenhouse gas benchmarks

(1)  Regulations may be made for or with respect to the following matters:

(a)  the circumstances in which a renewable energy certificate may or may not be counted by a benchmark participant towards a greenhouse gas benchmark or to abate a greenhouse shortfall that has been carried forward,

(b)  the number of renewable energy certificates that may be counted for a compliance period (including for a greenhouse shortfall that was carried forward),

(c)  the assessment of the greenhouse shortfall (if any) and of liability for greenhouse penalty of a benchmark participant, including self-assessment and assessment by the Tribunal,

(d)  the date on which an assessment is taken to have been made and the date on which an assessment takes effect,

(e)  default assessments where a greenhouse gas benchmark statement is not lodged by a benchmark participant,

(f)  amendment of assessments, at the request of a benchmark participant or on the Tribunal’s own motion,

(g)  revocation of the cancellation of abatement certificates in connection with amended assessments and the revival of the certificates,

(h)  payments resulting from amended assessments,

(i)  notice of assessments.

(2)  The regulations are to include provisions that limit the number of renewable energy certificates that may be counted towards a greenhouse gas benchmark by reference to relevant acquisitions that are attributable to sales of electricity in New South Wales.

(3)  In this section:

relevant acquisition has the meaning given by the Renewable Energy (Electricity) Act 2000 of the Commonwealth.