Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) The regulator may at any time amend an assessment of the greenhouse shortfall, and of the liability for greenhouse penalty, for a year of a benchmark participant by making any alterations or additions that the regulator considers necessary, whether or not a greenhouse penalty has been paid for the year.
(2) If the regulator considers there has been an avoidance of a greenhouse penalty, the regulator may amend the assessment by making alterations or additions the regulator considers necessary to correct the assessment.
(3) An amendment under subsection (2) may be made by the regulator—
(a) if the regulator considers the avoidance is because of fraud or evasion—at any time; or
(b) in any other case—within 1 year after the day the assessment is made.
(4) A benchmark participant may apply to the regulator for an amended assessment within 1 year after the day the assessment is made.
(5) An application by a benchmark participant must be in writing and state the grounds on which it is made.
(6) A benchmark participant may, for an application under this section or, with the consent of the regulator, submit details of abatement certificates sought to be surrendered, and of renewable energy certificates sought to be counted, that have not been submitted previously in relation to the year concerned for consideration for an amended assessment.
(7) The regulator may take into account details submitted under subsection (6) when deciding whether to amend an assessment.
(8) A benchmark participant whose liability for a greenhouse penalty is reduced as a result of an amended assessment is entitled to a refund of any additional greenhouse penalty paid under the previous assessment.