73EA   Default assessments

(1)  The Tribunal may make an assessment of the greenhouse shortfall (if any), and of the liability for greenhouse penalty, for a compliance period of a benchmark participant if the participant fails to lodge a greenhouse gas benchmark statement for the compliance period in accordance with the Act.

(2)  In making an assessment under this section, the Tribunal may:

(a)  base its assessment on its best estimate of the participant’s sale or use of electricity in this State, verified by NEMMCO where possible, and

(b)  take into account any other matters the Tribunal considers appropriate.