46Consequence of revocation at request of responsible emitter

46 Consequence of revocation at request of responsible emitter

If: (a) a facility is a trade‑exposed baseline‑adjusted facility in 3 financial years (the TEBA years) because of a determination in force under section 42; and (b) the Regulator revokes that determination under section 45; and (c) the responsible emitter for the facility applies under section 39 for another determination that the facility is a trade‑exposed baseline‑adjusted facility in a particular financial year (the first financial year) and the next 2 financial years; the Regulator must not make the other determination unless the facility has been a regular facility for at least one financial year during the period: (d) beginning at the start of the first of the TEBA years; and (e) ending immediately before the start of the first financial year.