48BDefault assessments of small‑scale technology shortfall charge

48B Default assessments of small‑scale technology shortfall charge

(1) If a liable entity has lodged an energy acquisition statement for a year but: (a) the liable entity has not lodged a small‑scale technology shortfall statement for the year; and (b) the Regulator is of the opinion that the liable entity has a small‑scale technology shortfall for the year; the Regulator may make an assessment of the liable entity’s small‑scale technology shortfall for the year, and of the small‑scale technology shortfall charge payable on the shortfall. (2) If: (a) a liable entity has not lodged a small‑scale technology shortfall statement for a year; and (b) the liable entity has also not lodged an energy acquisition statement for the year; and (c) the Regulator is of the opinion that the liable entity has a small‑scale technology shortfall for the year; the Regulator may make an assessment of the liable entity’s small‑scale technology shortfall for the year, and of the small‑scale technology shortfall charge payable on the shortfall. (3) For the purpose of making an assessment under subsection (1) or (2): (a) the liable entity’s small‑scale technology shortfall is taken to be the amount that, in the Regulator’s opinion, might reasonably be expected to be the shortfall; and (b) the Regulator is to take into account any small‑scale technology certificates surrendered by the liable entity for any of the quarters of the year under Subdivision A of Division 1. (4) Small‑scale technology shortfall charge in relation to an assessment for a year made under this section is taken to have become payable on 14 February in the next year. (5) An assessment for a year under this section cannot be made until after 14 February in the next year.