Transmission of registered Kyoto units by operation of law etc
47 Transmission of registered Kyoto units by operation of law etc
Scope
This section applies if:
under section 45, a Kyoto unit is personal property for a particular purpose; and
the unit is transmitted from a person (the transferor) to another person (the transferee) by any lawful means for that purpose.
Effect of transmission
The transmission is of no force until the Regulator transfers the unit under subsection (7) or (8).
Declaration of transmission
The transferee must, within 90 days after the transmission, give the Regulator:
a declaration of transmission; and
such evidence of transmission as is specified in the regulations.
A declaration of transmission must be made in accordance with the regulations.
If the transferee does not already have a Registry account, the declaration of transmission must be accompanied by a request under regulations made for the purposes of subsection 10(1) for the Regulator to open a Registry account in the name of the transferee.
If the Regulator is satisfied that special circumstances warrant the extension of the 90‑day period mentioned in subsection (2), the Regulator may extend that period.
The Regulator may exercise the power conferred by subsection (5):
on written application being made to the Regulator by the transferee; or
on the Regulator’s own initiative.
Transfer of unit—transferee already has a Registry account
If the transferee already has a Registry account, the Regulator must, as soon as practicable after receiving the declaration of transmission, transfer the unit from the relevant Registry account kept by the transferor to a Registry account kept by the transferee.
Transfer of unit—transferee does not have a Registry account
If:
the transferee does not already have a Registry account; and
in accordance with the request under regulations made for the purposes of subsection 10(1), the Regulator has opened a Registry account in the name of the transferee;
the Regulator must, as soon as practicable after opening the Registry account, transfer the unit from the relevant Registry account kept by the transferor to the Registry account kept by the transferee.
Record
If the Regulator transfers the unit under subsection (7) or (8), the Registry must set out a record of the declaration of transmission.
When the transferee is the Commonwealth
If the transferee is the Commonwealth, the Minister may give:
the declaration of transmission; and
the evidence mentioned in paragraph (2)(b);
on behalf of the transferee.
Notification
If:
the Regulator decides to:
extend the 90‑day period mentioned in subsection (2); or
refuse to extend the 90‑day period mentioned in subsection (2); and
the Regulator made the decision in response to an application;
the Regulator must give written notice of the decision to the applicant.
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