Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a liable entity has lodged an energy acquisition statement for a year but:
(a) the liable entity has not lodged a large - scale generation shortfall statement for the year; and
(b) the Regulator is of the opinion that the liable entity has a large - scale generation shortfall for the year;
the Regulator may make an assessment of the liable entity's large - scale generation shortfall for the year, and of the large - scale generation shortfall charge (if any) payable on the shortfall.
(2) If:
(a) a liable entity has not lodged a large - scale generation 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 large - scale generation shortfall for the year;
the Regulator may make an assessment of the liable entity's large - scale generation shortfall for the year, and of the large - scale generation shortfall charge (if any) payable on the shortfall.
(3) For the purpose of making an assessment under subsection (1) or (2):
(a) the liable entity's large - scale generation shortfall is taken to be the amount that, in the Regulator's opinion, might reasonably be expected to be the shortfall; and
(b) in the case of an assessment under subsection (1)--the Regulator is to take into account any large - scale generation certificates surrendered by the liable entity under Subdivision A of Division 1 for the year; and
(c) in the case of an assessment under subsection (2)--the Regulator is to assume that the liable entity did not surrender any large - scale generation certificates under Subdivision A of Division 1 for the year.
(4) Large - scale generation 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.