(1) The regulator may make an assessment of any greenhouse shortfall, and of the liability for greenhouse penalty, for a year of a benchmark participant if the participant fails to lodge a greenhouse gas benchmark statement for the year in accordance with the Act.
(2) In making an assessment under this section, the regulator may—
(a) base the assessment on the regulator's best estimate of the participant's sale or use of electricity in the ACT, verified by NEMMCO if possible; and
(b) take into account any other matters the regulator considers appropriate.