73EB   Amendment of assessments

(1)  The Tribunal may at any time amend any assessment of the greenhouse shortfall (if any), and of the liability for greenhouse penalty, for a compliance period of a benchmark participant by making any alterations or additions that the Tribunal thinks necessary, whether or not a greenhouse penalty has been paid for the compliance period.

(2)  If the Tribunal is of the opinion that there has been an avoidance of a greenhouse penalty, the Tribunal may:

(a)  if of the opinion that the avoidance of the penalty is due to fraud or evasion—at any time, or

(b)  in any other case—within 1 year from the day on which the assessment is made,

      amend the assessment by making the alterations or additions that the Tribunal thinks necessary to correct the assessment.

(3)  A benchmark participant may, not later than 1 year from the day on which an assessment is made, apply to the Tribunal for an amended assessment.

(4)  An application by a benchmark participant must be in writing and state the grounds on which it is made.

(5)  A benchmark participant may, for the purposes of an application under this clause or, with the consent of the Tribunal, submit details of abatement certificates sought to be surrendered, and of renewable energy certificates sought to be counted, that have not been submitted previously in respect of the compliance period concerned for consideration for the purposes of an amended assessment.

(6)  The Tribunal may take into account details submitted under subclause (5) when determining whether to amend an assessment.

(7)  A benchmark participant whose liability for a greenhouse penalty is reduced as a result of an amended assessment is entitled to a refund of any additional greenhouse penalty paid under the previous assessment.