45CSurrender of additional certificates if energy acquisition statement amended on Regulator’s own initiative

#### 45C Surrender of additional certificates if energy acquisition statement amended on Regulator’s own initiative (1) This section applies if a liable entity’s energy acquisition statement for a year is amended under section 45B so that either of the following, if calculated on the basis of the amounts and other information contained in the statement, is greater than it would have been if the amendment had not been made: (a) the liable entity’s large‑scale generation shortfall for the year; (b) the liable entity’s quarterly shortfall for the fourth quarter of the year. (2) The liable entity may (subject to section 45D) surrender additional certificates for the year or quarter by giving the Regulator a notice (an additional surrender notice) that: (a) includes details of the certificates (the identified certificates) being surrendered; and (b) is in a form approved by the Regulator; and (c) is lodged with the Regulator, in accordance with the regulations, within the period of 30 days beginning on the day on which the liable entity received notice of the amendment; and (d) is signed by or on behalf of the liable entity. (3) Subject to subsection (4), the identified certificates are taken to be surrendered when the additional surrender notice is lodged. (4) If the identified certificates are small‑scale technology certificates, then, for the purpose of determining the number of such certificates surrendered by the entity during the surrender period for the fourth quarter, the certificates are taken to have been surrendered during that period. (5) The Regulator must, by notice in writing given to the liable entity, advise the entity of: (a) the number of the identified certificates that (taking account of section 45D) are able to be surrendered for the year or quarter; and (b) the fee payable by the entity under section 45E in respect of the surrender of those certificates. (6) A notice under subsection (5) is not a legislative instrument.