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Apply to amend your exemption certificate

03 February 2023
RET

Contents

Applicants who were issued with an exemption certificate for the year may need to amend it to account for:

  • a change of liable entity (electricity retailer), which will split the exemption certificate into 2
  • a change of multiple retailers, which will split the exemption certificate into the corresponding number of retailers
  • any reason, such as correcting an inaccuracy or ceasing an emissions-intensive trade-exposed (EITE) activity at the site.

The following information supports applicants to promptly lodge a successful ‘Apply to amend your exemption certificate' application in the Client Portal.

Apply promptly and before the deadline

For any amendment, you are encouraged to lodge applications within 30 days of the change. Lodging sooner will:

  • guarantee a smooth monthly data lodgement process, because the Clean Energy Regulator (CER) will have assessed your application in advance of when you lodge your monthly data
  • give greater certainty for you and your retailer.

Change of liable entity or multiple liable entities

Whether your retailer or retailers changed, during the year you need to complete this form before 31 December of the exemption certificate year.

Amend other application information

Sooner is better for these amendments, but you must apply for an amendment with this form within 5 years of the issued exemption certificate.

Why would I amend other application information ?

You may need to amend your issued exemption certificate including certifiable amount. To date we have observed that applicants need to amend their issued exemption certificates because:

  • there was an issue with the use amount formula
  • the EITE activity ceased at the site
  • there was a change in EITE activity site ownership
  • company or individual details have changed.

Use amount formula

If anything has changed that impacts your certifiable amount calculation you need to inform CER as soon as possible and request an amendment under 22ZN of the Renewable Energy (Electricity) Regulations 2001 .

Your use amount formula may change because:

  • your billing or internal meters have been added, removed, replaced, or repositioned
  • onsite generators have been increased, decreased, added, or decommissioned
  • non-EITE activities have been introduced or removed at the site
  • essential equipment has been introduced or decommissioned at the site
  • electrical metering configurations have changed
  • your relevant acquisitions of electricity have changed.

EITE activity ceased or is likely to cease

Any changes to your EITE activity affects you and your retailer. You must notify CER immediately if:

  • the site is shut down for maintenance or to introduce equipment and will start up again in the future, as this affects the certifiable amount end date for the calendar year
  • you intend to lodge your monthly data early or at the end of the calendar year
  • the site is likely to be sold, to allow CER to communicate with the new owner for future applications.

Changes to the EITE activity site ownership

If you are looking to sell or purchase the EITE activity site or move the EITE activity site between parent and subsidiary companies, consider the implications of the current exemption certificate application.

New owners cannot access the current exemption certificate application, so the original owner needs to submit monthly data if you are to receive any benefits from the calendar year. Alternatively, you will need to consider allowing other company representatives to have access to the application.

You must inform CER to allow it to communicate with the new owner for future applications.

Client Portal user or company updates

If you cannot access a form or have not received messages about your applications, it is possible that you do not have the right access in the Client Portal.

Your ‘Organisation Administrator’ can update user or company information in their Client Portal account.

Supporting documents with the application

Change of liable entity or multiple liable entities

Applicants are required to provide proof of the change of liable entity or entities associated to your prescribed person category and an audit report, if applicable.

Providing prescribed person category documents for new liable entity or entities

Documents to support your change of liable entity or entities are required.

This table provides the relevant legislation reference from the Renewable Energy (Electricity) Regulations 2001 and specifies the document or documents needed to support the prescribed person category.

Legislative reference Supporting document or documents
Regulation 22G – person with electricity contract

A current electricity contract that clearly identifies the applicant's name, the new electricity retailer, the start and end dates of the contract, and customer billing meter or meters with physical site address.

A document that shows you ceased your electricity contact with the previous retailer.

Regulation 22H – liable entity with operational control

It is unlikely that you would engage another liable entity, but if you did provide documents that clearly identify the applicant's name, the new electricity retailer, customer billing meter or meters with physical site address, and clearly shows that your previous arrangements have ceased.

Regulation 22I – liable entity will have operational control

It is unlikely that you would engage another liable entity, but if you did provide documents that clearly identify the applicant's name, the new electricity retailer, customer billing meter or meters with physical site address, and clearly shows that your previous arrangements have ceased.

Regulation 22J – person with electricity contract for an EITE activity that will be conducted at the site

A current electricity contract that clearly identifies the applicant's name, the new electricity retailer, the start and end dates of the contract, and customer billing meter or meters with physical site address.

A document that shows you ceased your electricity contact with the previous retailer.

Regulation 22K – first person nominates another person

A document that shows you ceased your electricity arrangement and commenced a new arrangement. This document should cover the following topics:

  • Who is the first person under regulation 22G – 22J who gave you permission to apply for an exemption certificate, whether they approve of this application and any impacts.
  • Depending on what prescribed person category the first person is, information about liable entity changes, whether they approve of this application, any impacts, and the time limits of those arrangements.
  • How you are the controlling person for the site. See Prescribed person categories table for information about controlling persons.

Audit report

An exemption certificate application must be accompanied by an audit report if:

  • the site’s certifiable amount for the year likely to exceed 15,000 megawatt hours (MWh)
  • you are requesting a new use amount formula to determine the certifiable amount
  • there have been significant changes to the site
  • it has been 5 years since an application for the site and EITE activity was accompanied by an audit report.

If any of the above apply to you, email cer-industryassistanceschemes@cer.gov.au before lodging the application.

Amend other application information

Provide relevant documents and evidence to support your application such as a revised Basis of Preparation Report.

Client Portal user tips: amend your exemption certificate

The following information is to help you successful complete the ‘Apply to amend your exemption certificate’ form in the Client Portal.

General

Read and understand all questions so you can complete the form correctly. Your response changes how the form works and can cause the application to be invalid. In these situations, CER will fail the application and you will need to complete a new application.

You and your liable entities (as applicable to the amendment request), assuming you gave them access to receive the exemption certificate letter in the exemption certificate application and this form as applicable, are notified of the assessment outcome through the Client Portal ‘Messages’ area. You will receive a message linking to the PDF ‘Exemption certificate’ letter. If you are not a ‘Primary contact,’ complete a ‘Notify the regulator’ form in the Client Portal to request the role and the exemption certificate letter because the initial message cannot be resent via the system.

Only the current ‘Primary Contact’ that is listed first will receive this message. If the ‘Primary Contact’ has changed a new primary contact will need to be established, the old one removed, and CER will need to manually send you the exemption certificate letters. To change the ‘Primary Contact’, email cer-industryassistanceschemes@cer.gov.au.

Applicant details page

For the question ‘What type of amendment applies to the exemption certificate?’

  • select ‘Change of liable entity’ if you are moving from one retailer to another
  • select ‘Change of multiple liable entity or entities’ if more than one retailer supplies electricity to your site
  • select ‘EITE activity ceases at the site’ if your EITE activity ceased or will cease at the site
  • select ‘Amend other application information’ if something has changed at the EITE activity site or there is an inaccuracy identified for the exemption certificate.

Application details pages

You will only need to complete this page if you asked to amend one or more liable entities.

Amendment details page

The type of amendment you apply for will determine what you see on this page.

Change of liable entity/Change of multiple liable entity or entities

You need to provide supporting documents with your application.

Amend other application information

You need to provide supporting evidence of your request such as a revised Basis of Preparation Report.

EITE activity ceases at site

You need to understand whether your EITE activity is permanently ceasing or may come online later in the year to complete this section.

Exemption determination page

The type of amendment you apply for will drive what you see on this page. The page you complete is designed to understand whether your use amount formula has changed and if so, allows you to provide a revised use amount formula for validation.

Declaration page

Your application must be correct. Should CER identify you provided false and misleading information, penalties may be imposed under the Criminal Code Act 1995.


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