National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015
63Revocation of exemption declaration because of false or misleading information
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63 Revocation of exemption declaration because of false or misleading information
(1) If the Regulator is satisfied that: (a) information provided to the Regulator by the responsible emitter in connection with the making of an exemption declaration was false or misleading in a material particular; and (b) the Regulator would not have been satisfied of the matters set out in subsection 62(2) if the false or misleading information had not been provided; the Regulator may revoke the exemption declaration with effect from at least 30 days after the notification of a decision under this section. (2) Before the Regulator revokes an exemption declaration, the Regulator must provide a written notice to the responsible emitter for the facility for the monitoring period covered by the exemption declaration: (a) stating that it intends to revoke the exemption declaration in relation to the facility under this section; and (b) seeking any comments by a date specified in the notice. (3) The Regulator must consider any comments received by the date specified in the notice and use all reasonable endeavours to revoke or decide not to revoke the exemption declaration no later than 30 days after the date specified in the notice. (4) As soon as practicable after revoking an exemption declaration, the Regulator must: (a) provide written notice of the decision to the responsible emitter for the facility for the monitoring period covered by the exemption declaration; and (b) publish the details of the revocation of the exemption declaration on its website. (5) To avoid doubt, a decision to revoke an exemption declaration under this section is a reviewable decision under section 56 of the Act.