(1) This section applies if an order is made or is proposed to be made under the Act, section 35 against a person who has been found guilty of an offence against the Act, section 27, for contravention of—
(a) a condition referred to in section 31 (relating to undertakings given to the scheme administrator in relation to benefits under mandatory greenhouse gas schemes); or
(b) a condition referred to in section 32 (1) (relating to the creation of abatement certificates in relation to output for which a renewable energy certificate has already been created); or
(c) a condition referred to in section 33 (relating to maintenance of carbon sequestration).
(2) For the Act, section 35 (3), the number of certificates to be surrendered under the order is to be decided by the scheme administrator as follows:
(a) in a case mentioned in subsection (1) (a)—the number that is equivalent to the number of abatement certificates that, in the opinion of the scheme administrator, were created in relation to output or greenhouse gas abatement for which a benefit was obtained under a mandatory greenhouse gas scheme;
(b) in a case mentioned in subsection (1) (b)—the number that is equivalent to the number of abatement certificates that, in the opinion of the scheme administrator, were created by the person in contravention of the condition referred to in subsection (1) (b);
(c) in a case mentioned in subsection (1) (c)—the number of abatement certificates that, in the opinion of the scheme administrator, were created by the person in relation to carbon sequestration activities and in relation to which the person has contravened the condition referred to in subsection (1) (c).
Division 3.6 Transfer of certificates