41Arrangements to avoid or reduce renewable energy shortfall charge

#### 41 Arrangements to avoid or reduce renewable energy shortfall charge If: (a) a liable entity makes an arrangement; and (b) as a result of the arrangement the liable entity’s large‑scale generation shortfall or small‑scale technology shortfall in a year is reduced; and (c) in the Regulator’s opinion the arrangement was made solely or principally for the purpose of avoiding payment of renewable energy shortfall charge otherwise than in accordance with this Act; the liable entity is liable to pay for the year an amount of renewable energy shortfall charge equal to the amount that, in the Regulator’s opinion, the liable entity would have been liable to pay if the arrangement had not been made. > Note: See also section 101 (about payment of penalty charge).