For the 2020 to 2021 compliance period the agency has issued a
compliance and enforcement priority for emissions-intensive trade-exposed (EITE) entities.
Emissions-intensive and trade-exposed entities who provide inaccurate or incomplete exemption applications
Submission of complete and accurate applications in line with the electricity use method will reduce regulatory burden and ensure that entities only receive the level of exemption that they are entitled to.
You may be thinking:
To ensure you meet this compliance priority, we have developed a set of expectations. These expectations will help you maintain high application or request standards into the future.
Failure to meet these basic expectations can result in a refused application or request.
Understand your obligations when
applying for an exemption certificate or
requesting amendments under the Renewable Energy Target.
Ensure you understand what reviewable decisions are available to you. See section 66 of the
Renewable Energy (Electricity) Act 2000 (the REE Act) and regulation 49 of the
Renewable Energy (Electricity) Regulations 2001 (the Regulations) for details.
It is important to regularly review your
Client Portal or
REC Registry, if applicable, account and update details as needed.
All users must keep their contact details current, particularly email addresses and phone numbers.
For the Client Portal, you should nominate more than one Organisation Administrator for your company. Anyone with this role can add or remove users and their permissions. To nominate Organisation Administrators, an authorised person in the company must submit a Notify the Regulator form in the Client Portal.
For the REC Registry, you should nominate more than one Account Administrator for your company. Anyone with this role can manage the account (including users). See
resources for guidance on managing your REC Registry account.
Demonstrate a good working relationship with your retailer (liable entity) by talking to them. This means your retailer is unlikely to contact us about your exemption certificate application, request or data.
Topics you can discuss with your retailer:
Ensure information that supports your application or request is consistently provided throughout the application or request.
For example, make sure your company name and Australian Business Number (ABN) is the same in every document and the application or request. Likewise, in your retailer documents.
Ensure your application or request uses current information. This applies to the application or request and supporting documents.
Exemption certificate application and change of liable entity or multiple liable entities application forms must be lodged by the legislated deadlines.
No extensions apply.
Key dates for further details.
All forms, requests or correspondence must be lodged through the
The Client Portal provides a way for you to lodge an:
You must apply using the correct
prescribed person category.
You must provide supporting documents annually with your exemption certificate application or change of liable entity or multiple liable entities application.
Provide supporting documents that are clear, concise and annotated. This includes your basis of preparation document, electricity contacts, prescribed person letters, audit reports, maps, charts and electrical diagrams that are annotated and marked up with information that matches the written information provided (e.g. meter identities and locations as referred to in the use amount formula).
This is a requirement under Division 4 – Applications for exemption certificates of
the Regulations. This includes:
Applicants must decide whether they need to attach an audit report to their exemption certificate application or not. Regardless of this decision if your application:
We expect you to make one application for an activity group, instead of making several applications for each activity group site. This makes it easier and quicker to lodge and process.
We acknowledge that the Client Portal exemption certificate form does not work this way, but we will accept the application assuming all supporting documents and information is provided.
To successfully apply you must:
You must report your onsite generators, if you have any, in your exemption certificate application form. This is a requirement under subregulation 22O (2) of the Regulations.
Things you should consider if you have onsite generation:
Remember the use amount formula:
Therefore, keep your use amount formula simple and easy for others to reference. This allows anyone in your organisation to provide relevant electricity data from year to year in the Client Portal using the exemption determination tool.
We can change your use amount formula if we think your formula is not a true representation of your EITE activity.
The certifiable amount is calculated using your use amount formula after your application year ends. To determine the certifiable amount, you must provide real time data or equivalent as soon as practicably possible in the Client Portal.
If you provide data before 14 January and no errors are found, your certifiable amount can be issued by the agency before liable entities report on 14 February or next business day.
We assess submissions from the date they were received and may ask for evidence regarding your data, so it is important to keep good records.
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