22ZBFactor—ASP

#### 22ZB Factor—ASP (1) For the factor ASP in subregulation 22ZA(1), the amount or volume of relevant product for 2010 is the amount or volume: (a) that: (i) was produced by the applicant in the financial year commencing on 1 July 2006, 1 July 2007 or 1 July 2008; or (ii) if no relevant product was produced in any of those financial years—is reasonably likely to be produced in the financial year commencing on 1 July 2009; and (b) that is set out in the application; and (c) that the Regulator is, in accordance with regulation 22ZC, satisfied is accurate or is the best estimate of the amount or volume possible in all the circumstances; and (d) is referrable to the site mentioned in the application. (2) For the factor ASP in subregulation 22ZA(1), the amount or volume relevant product for a year after 2010 is the amount or volume that: (a) is set out in the application; and (b) the Regulator is, in accordance with regulation 22ZC, satisfied: (i) is accurate or the best estimate of the amount or volume possible in all the circumstances; and (ii) has been correctly calculated using the formula in subregulation (3). (2A) For an application relating to an activity mentioned in Part 51 or 52 of Schedule 6 (production of glass wool or coal char) for the year ending 30 June 2013, the factor ASP in subregulation 22ZA(1) is worked out using the formula in subregulation (3) or using the following formula:  where: > SPia2013 is the amount or volume of the relevant product produced in the financial year ending 30 June 2013 that is referrable to the site mentioned in the application. (3) For subparagraph (2)(b)(ii), the formula is:  where: > SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application. > EASPiatfincurr is the new or expected additional production (within the meaning of subregulation 22ZD(1)) for: (a) the liable entity; and (b) the site that meets: (i) for a new entrant—1 of the criteria specified in subregulation 22ZD(3); or (ii) for a significant expansion—the criteria specified in regulation 22ZD (4). > STiatfincurr is, subject to subregulation (4), the adjustment for the previous financial year’s production, worked out using the formula:  where: > SPiatfinprev is, subject to subregulations (4A) and (4B), the amount or volume of the relevant product produced in the financial year that ended 6 months before the year to which the application relates and that is referrable to the site mentioned in the application. > SPiatfinprev‑1 is, subject to subregulation (5), the amount or volume of the relevant product produced in the financial year that began 30 months before the year to which the application relates and that is referrable to the site mentioned in the application. > EASPiatfinprev is the amount or volume that related to expected production for the relevant site in the financial year that began 18 months before the year to which the application relates and was referrable to the site mentioned in the application. (4) In subregulation (3), the factor STiatfincurr is 0 in relation to a site: (a) that meets the new entrant criteria specified in subregulation 22ZD(3); or (b) in respect of which no exemption certificate was issued in the year preceding the application for the emissions‑intensive trade‑exposed activity and site to which the application relates. (4A) For the activity of petroleum refining, the factor SPiatfinprev in subregulation (3) is 0 in relation to a site: (a) that meets the new entrant site criteria specified in subregulation 22ZD(3); and (b) for which the combined volume of diesel, jet fuel, unleaded petrol, lubricant base stocks and bitumen, at 15 °C and 1 atmosphere, that is produced from stabilised crude petroleum oil, condensate, tallow, vegetable oil and eligible petroleum feedstocks is less than 75% of the total kilolitres of those substances used in the financial year that ended 18 months before the year to which the application relates. (4B) For the activity of integrated iron and steel manufacturing, the factor SPiatfinprev in subregulation (3) is 0 in relation to a site: (a) that meets the new entrant site criteria specified in subregulation 22ZD(3); and (b) for which, in the financial year that ended 18 months before the year to which the application relates, the percentage of cold ferrous feed transformed into 1 or more of the items in former subparagraphs 656(1)(e)(i) to (iii) of Schedule 6, as a portion of molten iron and cold ferrous feed, was greater than 30%. (5) For the 2011 year, in the formula for STiatfincurr in subregulation (3), factor SPiatfinprev‑1 is the amount or volume of relevant product that was set out in the application for 2010.