National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015
12Meaning of existing facility
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12 Meaning of existing facility
(1) A facility is an existing facility if there are one or more historical production variables or transitional production variables for the facility. (2) A historical production variable, for a facility, is a production variable that: (a) was applicable to the facility, in accordance with Schedule 1, at any time during a historical financial year; and (b) was not a non‑commercial production variable for the facility for the historical financial year. (3) A historical financial year is: (a) the financial year beginning on 1 July 2017; or (b) the financial year beginning on 1 July 2018; or (c) the financial year beginning on 1 July 2019; or (d) the financial year beginning on 1 July 2020; or (e) the financial year beginning on 1 July 2021. (4) A transitional production variable, for a facility, is a production variable that: (a) was not applicable to the facility, in accordance with Schedule 1, at any time during a historical financial year; and (b) was applicable to the facility, in accordance with Schedule 1, at a time during the financial year beginning on 1 July 2022; and (c) was not a non‑commercial production variable for the facility for the financial year beginning on 1 July 2022. (5) A non‑commercial production variable, for a facility for a financial year, is a production variable that, at a time during the financial year, was applicable to the facility, in accordance with Schedule 1, merely because of testing or piloting activities undertaken at the facility.