Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 35

Transfer of quotas

In force
Part IVHCFC quotas

35 Transfer of quotas

(1)

If:

(a)

a licensee is allocated an HCFC quota; and

(b)

the CEO transfers the licence under section 19B;

the unused part of the quota is taken to have been allocated to the transferee on the date of the transfer.

(2)

A licensee (including the licensee for a suspended licence) may, without transferring the licensee’s licence, transfer to another licensee the unused part of:

(a)

an HCFC quota allocated to the first licensee for a quota period; and

(b)

each HCFC quota (if any) allocated to the first licensee for later quota periods.

(2A)

A licensee (including the licensee for a suspended licence) may, instead of transferring the whole of the unused parts of the quotas mentioned in subsection (2):

(a)

choose a particular percentage; and

(b)

without transferring the licensee’s licence, transfer to another licensee the lesser of the following percentages of each of those quotas:

(i)

the chosen percentage;

(ii)

the percentage of the quota that is unused.

(3)

A transfer mentioned in subsection (2) has no effect until the transferor notifies the CEO of the transfer.

(4)

A notice must:

(a)

state the transferee’s name, address and licence number; and

(b)

specify the amount of quota transferred.

(5)

After a transfer mentioned in subsection (2) takes effect:

(a)

the transferred quota, or part of a quota, is taken to have been allocated to the transferee; and

(b)

if part of a quota is transferred—the transferor is taken to have been allocated the untransferred part of the quota.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.