Allocation of quota
28 Allocation of quota
Subject to this section and section 29, the CEO may, on an application made in accordance with section 27, allocate a quota to the applicant.
The CEO must determine the size of each quota in accordance with section 31 or 32, as the case requires.
In deciding whether or not to allocate a quota, the CEO:
must have regard to Australia’s international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and
may have regard to any other matters he or she thinks relevant.
A quota is allocated by written notice given to the applicant.
The notice must:
specify the size of the quota; and
state whether it is an HCFC quota or a reserve HCFC quota; and
in the case of an HCFC quota—specify the quota period for which it is allocated; and
in the case of a reserve HCFC quota—specify the period (not longer than 12 months) for which it is allocated.
If the CEO refuses to allocate a quota, the CEO must notify the applicant in writing of the refusal and of the reasons for it.
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