Amendment of assessments
49 Amendment of assessments
The Regulator may, subject to this section, at any time amend any assessment by making any alterations or additions that the Regulator thinks necessary, whether or not renewable energy shortfall charge has been paid in relation to the assessment.
This Division does not apply in relation to an assessment under section 102: see section 53A.
Subject to this section, if there has been an avoidance of renewable energy shortfall charge, the Regulator may:
if the Regulator is of the opinion that the avoidance of the charge is due to fraud or evasion—at any time; or
in any other case—within 4 years from the day on which the assessment is made;
amend the assessment by making any alterations or additions that the Regulator thinks necessary to correct the assessment.
Subject to subsection (5), an amendment effecting a reduction in a liable entity’s liability under an assessment is not effective unless it is made within 4 years from the day on which the assessment was made.
If an assessment has, under this section, been amended in any particular, the Regulator may, within 4 years from the day on which renewable energy shortfall charge became payable under the amended assessment, make, in or in relation to the particular, any further amendment in the assessment that, in the Regulator’s opinion, is necessary to effect such reduction in the liable entity’s liability under the assessment as is just.
If:
a liable entity applies for an amendment of the liable entity’s assessment within 4 years from the day that renewable energy shortfall charge became payable under the assessment; and
within that period, the liable entity lodges all information the Regulator needs to decide the application;
the Regulator may amend the assessment when considering the application, even if that period has elapsed.
Nothing in this section prevents the amendment of an assessment to give effect to:
a decision on any review or appeal; or
a decision to reduce any particular following the liable entity’s objection or pending any review or appeal.
Renewable energy shortfall charge under an amended assessment is taken to have become payable:
if the amendment is wholly or partly as a result of an error by the Regulator—on the day on which the amended assessment is made; or
in any other case—on the day on which charge under the original assessment became payable.
This Act’s bill:Explanatory memorandumSecond reading speech
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