74Consequences of not monitoring explanatory variable as required

74  Consequences of not monitoring explanatory variable as required

 (1) This section applies if, during a particular period (the non‑monitored period) in a reporting period, the project proponent for an aggregated small energy users project fails to monitor an explanatory variable for a site in a population as required by the monitoring requirements.

 (2) The value of the explanatory variable for the purpose of working out the carbon dioxide equivalent net abatement amount for the reporting period is to be determined for the site for the non‑monitored period in accordance with the following:

 (a) industry practice (if any);

 (b) any relevant historical values for that variable for the site;

 (c) any other data that relates to the explanatory variable;

 (d) any other matter the project proponent considers relevant.

 (3) To avoid doubt, this section does not prevent the Regulator from taking action under the Act, or regulations or rules made under the Act, in relation to the project proponent’s failure to monitor an explanatory variable as required by the monitoring requirements.

Note: Examples of action that may be taken include the following:

(a) if the failure constitutes a breach of a civil penalty provision in section 194 of the Act (which deals with project monitoring requirements), the Regulator may apply for a civil penalty order in respect of the breach;

(b) if false or misleading information was given to the Regulator in relation to the failure, the Regulator may revoke the project’s section 27 declaration under regulations or rules made for the purposes of section 38 of the Act;

(c) if the giving of false or misleading information in relation to the failure led to the issue of Australian carbon credit units, the Regulator may require all or some of those units to be relinquished under section 88 of the Act.