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Amending an exemption certificate

21 October 2020
RET

Contents

Applicant initiated

Applicants apply through the Client Portal to amend their exemption certificate to:

  • add or change a liable entity
  • add or change multiple liable entities, or
  • other changes related to the application.

Applications should be made by 31 December of the year the exemption certificate applies. For example, for a 2020 exemption certificate the amendment application must be made by 31 December 2020. Contact us if you need to make an amendment in following years.

See Applying for an amendment for instructions on submitting an amendment.

Clean Energy Regulator initiated

We can initiate an amendment to an exemption certificate by 31 December of the year that the exemption certificate applies.

We can initiate an amendment to:

  • update the emission-intensive trade-exposed activity
  • update the relevant product, or
  • amend the use amount formula to remove or incorporate changes to the site, operating periods or meter references.

We will notify the applicant and nominated liable entity in writing when we initiate an amendment.

Applying for an amendment

Step 1: What has changed?

  • Add or change of liable entity: Do you need to apply to include or change the liable entity nominated on the exemption certificate? You may need an audit report, see step 2 for more details.
  • Add or change of multiple liable entities: Do you need to apply to include or change multiple liable entities nominated on the exemption certificate? You may need an audit report, see step 2 for more details.
  • Other: Do you need to notify us of another change? Does the change relate to one or more of the following? If yes, see step 3.
    • Use amount formula: Have there been changes to the use amount formula on the issued exemption certificate?
    • Certifiable amount: Do you need to adjust the amount of exemption in megawatt hours you were issued in the notice of certifiable amount letter?
    • Metering: Has there been, or is there expected to be, changes to the configuration of electrical meter(s) on site? This includes any meter additions, removals, replacements or repositioning.
    • EITE or non-EITE activities: Has there been, or are there expected to be, any material changes to:
      • Equipment, processes or production levels used to conduct the emissions-intensive trade-exposed (EITE) activity? For example, the length of planned shutdowns or outages for maintenance or re-tooling.
      • Level of non-eligible activates conducted on site?
      • Any increase or decrease to onsite generation (such as increased solar photovoltaic systems)?
    • EITE activity ceased: Has the EITE activity ceased during the application year?
    • Client Portal user account: Do you need to be assigned to one or more of the following roles: ‘Primary Contact’, ‘Form submitter’ or ‘Organisation Administrator'?

If something else has changed see the regulations or contact us to see if an amendment is needed.

Step 2: Audit report

You may be required to provide an audit report with your application, if you answer “Yes” to any of the following questions:

  • Is the year’s amount of exemption (certifiable amount) likely to exceed 15,000 megawatt hours (MWh)?
    • If the year’s certifiable amount for an application is likely to exceed 15,000 MWh, an audit report must accompany the application.
  • Are you requesting a new use amount formula to determine the certifiable amount? This includes meter(s) or other element(s).
  • Is the certifiable amount likely to change as a result of the application?
  • Has there been, or is there expected to be, changes to the configuration of electrical meter(s) on site? This includes any meter additions, removals, replacements or repositioning.
  • Has there been or are there expected to be any material changes to:
    • equipment, processes or production levels used to conduct the EITE activity. For example, the length of planned shutdowns or outages, such as for maintenance or re-tooling
    • level of non-eligible activities conducted on site, or
    • onsite generation, including any addition, increase or decrease, such as solar photovoltaic systems.

See When you need an audit report for more guidance.

Step 3: Submitting a form

To add or change a liable entity or multiple liable entities you must submit a ‘Apply to change your Liable Entity or Entities’ form by 31 December in the application year. Applications can be submitted through the Client Portal by the EITE organisation’s primary contact or executive officer. If choosing the executive officer, you must ensure they are aware that the application is waiting for them to be electronically approved and submitted.

See Applying to amend an exemption certificate for guidance on completing the online application.

To request another change for your exemption certificate or Client Portal user account submit a ‘Notify the Regulator’ by 31 December in the application year. Other applications must be submitted through the Client Portal by the appropriate individual as they will be the submitter of the form.

Step 4: Clean Energy Regulator assessment

The Clean Energy Regulator will receive a notification indicating an application or request is available for assessment.

We aim to assess your application or request within 60 days upon receipt of a complete application.

During our assessment we might contact you for more information. In this case, you will be notified through the Client Portal 'Messages’ area.

Step 5: Amendment outcome notification

Applicants will be notified of the assessment outcome through the Client Portal ‘Messages’ area.

Depending on the application or request, you may receive more than one notification linking to several documents. These documents include, if you have the role of ‘primary contact’ in the Client Portal:

  • Exemption certificate letter that shows the use amount formula. You will receive a notification in the Client Portal with a link to the PDF.
  • Information to determine the amount of exemption (certifiable amount) in megawatt hours. You can enter data, while the retailer can only view the data, relevant to your use amount formula and submit that data under the Renewable Energy Target > Exemption Certificates > Exemption determination tool area of the Client Portal.
  • Notice of certifiable amount letter that shows the certifiable amount. You will receive a notification in the Client Portal with a link to the PDF.

Your retailer can access these documents if they have a Primary Contact role in the Client Portal, and you provided approval in your initial exemption certificate application.

Approved

If your application or request was approved you will need to determine or redetermine your certifiable amount.

  • If your amendment was processed within your nominated 12-month period, you need to update data to determine the amount of exemption (certifiable amount).
  • If your amendment was processed after the nominated 12-month period, you need to redetermine the certifiable amount.

Data for your certifiable amount must be submitted through the Client Portal by the EITE company’s primary contact.

See Submitting data for your certifiable amount for guidance.

The Clean Energy Regulator will receive a notification indicating an application or notice is available for assessment. We will assess the data as soon as practically possible.

After we complete our assessment, you will be notified of the outcome.

Refused

If your application or request was refused, you do not have to determine or redetermine your certifiable amount or submit data.

If you believe we did not provide enough information about why we refused your amendment, contact us.

If you do not agree with the delegates decision to refuse the amendment you may be entitled to request a review of the decision under section 66 of the Renewable Energy (Electricity) Act 2000. Depending on your request, the Clean Energy Regulator will respond to your request as soon as possible and in the appropriate manner.

See Internal review of decisions for guidance on seeking a review of the assessment outcome and subsequent steps.



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