9Obligation to apply to register

9 Obligation to apply to register

(1) If the following are satisfied in relation to a financial year (the trigger year): (a) a controlling corporation’s group meets the energy use threshold for that year under section 10; (b) the controlling corporation is not registered under Part 4 on 30 June of that year; the controlling corporation must, in accordance with this section, apply in the next financial year to be registered under Part 4.

Note 1: Clause 3 of Schedule 1 provides for a civil penalty for failing to comply with this subsection.

Note 2: Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(2) Subsection (1) does not apply if the corporation: (a) did not know; and (b) could not, with reasonable diligence, have ascertained; that its group met the energy use threshold for the trigger year under section 10. (3) A corporation that wishes to rely on subsection (2) bears an evidential burden in relation to that matter. (4) The application must be made during the period: (a) beginning on 1 July in the financial year after the trigger year; and (b) ending on 31 March in the financial year after the trigger year. (5) The application must: (a) identify the controlling corporation; and (b) contain any other information required by the regulations; and (c) be in the form (if any) specified in the regulations. (5A) Regulations made for the purposes of paragraph (5)(b) may only require the following information: (a) information that is reasonably necessary for assessing applications made under this section; (b) information that would be required by subsection 12(4) to be entered on the Register if the controlling corporation were registered under Part 4. (6) This section applies only if the trigger year ends on or after 30 June 2006.