PART 2Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

Penalty for carrying out an unauthorised activity3

1

Regulation 52 (carrying out a regulated activity contrary to regulation 9) is amended as follows.

2

In paragraph (2), for “For each” substitute “Subject to paragraph (3), for each”.

3

For paragraph (3), substitute—

3

In imposing the penalty under paragraph (2), the regulator may increase the amount determined under that paragraph by a percentage designed to ensure that the penalty exceeds the amount of any economic benefit that P has obtained as result of the failure to comply with regulation 9.

4

In paragraph (4)(b), for “in accordance with” substitute “under”.