38AAInterpretive provisions relating to liability for small‑scale technology shortfall charge etc.

#### 38AA Interpretive provisions relating to liability for small‑scale technology shortfall charge etc. (1) This section defines expressions that are used in provisions that deal with the determination of a liable entity’s liability to small‑scale technology shortfall charge for a year (the assessment year), and related matters. Assessment year’s reduced acquisitions (2) The assessment year’s reduced acquisitions is the amount worked out by subtracting the amount of the liable entity’s exemption (if any) for the assessment year from the total amount, in MWh, of electricity acquired during the assessment year by the liable entity under relevant acquisitions. Previous year’s reduced acquisitions (3) The previous year’s reduced acquisitions is the amount worked out by subtracting the amount of the liable entity’s exemption (if any) for the previous year from the amount, in MWh, of electricity acquired by the liable entity during the previous year under relevant acquisitions. (4) For the purpose of subsection (3): (a) the amount, in MWh, of electricity acquired during the previous year by the liable entity under relevant acquisitions is taken to be the amount stated as having been so acquired in the liable entity’s energy acquisition statement for the previous year (taking account of any amendments to that statement that were made before 1 April in the assessment year); and (b) the amount of the liable entity’s exemption for the previous year is taken to be the total amount of exemption claimed in the liable entity’s energy acquisition statement for the previous year (taking account of any amendments to that statement that were made before 1 April in the assessment year); and (c) if, for any reason, the liable entity has not lodged an energy acquisition statement for the previous year before 1 April in the assessment year, the liable entity is taken not to have any previous year’s reduced acquisitions. > Note: If paragraph (4)(c) applies, the liable entity may make an application under section 38AG to have an amount apply as if it were the previous year’s reduced acquisitions. If the entity does not do so, the default rule in section 38AH will apply. The quarters of a year (5) Each year consists of quarters as follows: (a) January, February and March in the year (the first quarter); (b) April, May and June in the year (the second quarter); (c) July, August and September in the year (the third quarter); (d) October, November and December in the year (the fourth quarter). The surrender period for a quarter (6) The surrender period for a quarter of a year is as follows (inclusive of the specified dates): (a) for the first quarter—the period from 15 February to 28 April in the year; (b) for the second quarter—the period from 29 April to 28 July in the year; (c) for the third quarter—the period from 29 July to 28 October in the year; (d) for the fourth quarter—the period from 29 October in the year to the time by which the liable entity is required to lodge an energy acquisition statement for the year. > Note: The period described in paragraph (6)(d) will end on 14 February in the next year, unless the Regulator allows a later day under paragraph 44(1)(b). (7) Section 36 of the Acts Interpretation Act 1901 does not affect the time when the surrender period for the first, second or third quarter of a year ends.