NSWIn ForceAct
Electricity Supply Act 1995
101Shortfalls may be carried forward
Start here
Get a plain-English read of 101
Turn the raw legal text into a practical explanation grounded in Electricity Supply Act 1995.
#### 101 Shortfalls may be carried forward
101 Shortfalls may be carried forward
> > (1) A scheme participant may elect to carry forward a shortfall, or part of a shortfall, for a compliance period to the next compliance period in accordance with this clause.
>
> > (2) If a scheme participant elects to carry forward a shortfall, or part of a shortfall, the amount carried forward is not subject to a shortfall penalty for the compliance period to which the shortfall relates.
>
> > (3) The maximum amount of a shortfall that may be carried forward to the 2023–2024 compliance period by a scheme participant is—
> >
> > > (a) 20% of the scheme participant’s individual certificate target for the 2022–2023 compliance period, or
> >
> > > (b) another amount prescribed by the regulations.
>
> > (4) The maximum amount of a shortfall that may be carried forward to another compliance period by a scheme participant is—
> >
> > > (a) 10% of the scheme participant’s individual certificate target in the previous period, or
> >
> > > (b) another amount prescribed by the regulations.
>
> > (5) A shortfall, or part of a shortfall, may be carried forward to the next compliance period only.
>
> > (6) A shortfall, or part of a shortfall, for the 2049–2050 compliance period cannot be carried forward.
>
> > (7) A scheme participant who elects to carry forward a shortfall, or part of a shortfall, to the next compliance period is not prevented from electing to carry forward a shortfall, or part of a shortfall, for that next compliance period to the following compliance period.
>
> > (8) For the purposes of this Part, a shortfall, or part of a shortfall, for a compliance period that is carried forward to the next period is a carried forward shortfall.