126Interim emissions number

#### 126 Interim emissions number Scope (1) This section applies if: (a) a person (the relevant person) is a liable entity for an eligible financial year (the relevant eligible financial year); and (b) the eligible financial year is a fixed charge year. Direct emitter (2) For the purposes of this Act, if: (a) one or more persons (who may consist of or include the relevant person) had a provisional emissions number for the previous eligible financial year under Division 2 of Part 3 in so far as that Division applies to a particular facility; and (b) the relevant person is likely to have a provisional emissions number for the relevant eligible financial year under that Division in so far as that Division applies to that facility; then: (c) the number worked out using the formula in subsection (3) is an interim emissions number of the person for the relevant eligible financial year; or (d) if: (i) the conditions specified in the regulations are satisfied; and (ii) a lesser number is ascertained in accordance with the regulations; the lesser number is an interim emissions number of the person for the relevant eligible financial year. (3) The formula is as follows:  where: > total provisional emissions numbers means the total of the provisional emissions numbers referred to in paragraph (2)(a). (4) For the purposes of this Act, if, before the end of 15 June in the relevant eligible financial year, the person gives the Regulator, in writing, a reasonable estimate of 75% of the total of the provisional emissions numbers of the person for the relevant eligible financial year under Division 2 of Part 3 in so far as that Division applies to a particular facility: (a) the estimate is an interim emissions number of the person for the relevant eligible financial year; and (b) subsection (2) does not apply to the person in relation to the facility for the relevant eligible financial year. (5) If the number worked out using the formula in subsection (3) is not a whole number, the number is to be rounded to the nearest whole number (with a number ending in .5 being rounded up). For this purpose, zero is taken to be a whole number. (6) For the purposes of subsection (2), if the relevant eligible financial year began on 1 July 2012, assume that the financial year that began on 1 July 2011 was an eligible financial year. Natural gas supplier etc. (7) For the purposes of this Act, if a particular number would have been the provisional emissions number of the person for the relevant eligible financial year under a particular provision of Division 3 of Part 3 if it were assumed that the relevant eligible financial year ended at the end of 31 March in the relevant eligible financial year, the number is an interim emissions number of the person for the relevant eligible financial year. Importer or producer of liquefied petroleum gas or liquefied natural gas for non‑transport use etc. (7A) For the purposes of this Act, if a particular number would have been the provisional emissions number of the person for the relevant eligible financial year under a particular provision of Division 3A of Part 3 if it were assumed that the relevant eligible financial year ended at the end of 31 March in the relevant eligible financial year, the number is an interim emissions number of the person for the relevant eligible financial year. Opt‑in Scheme (8) For the purposes of this Act, if a particular number would have been the provisional emissions number of the person for the relevant eligible financial year under the Opt‑in Scheme if it were assumed that the relevant eligible financial year ended at the end of 31 March in the relevant eligible financial year, the number is an interim emissions number of the person for the relevant eligible financial year.