Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:44
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 44
Character Range: 44328–46536

44  Applying for HFC quotas
 (1) A person may apply for HFC quotas for both of the calendar years in an HFC quota allocation period if:
 (a) the person holds an SGG licence that covers the period; or
 (b) both:
 (i) the person has applied for such a licence; and
 (ii) the application has not been refused; or
 (c) all of the following subparagraphs apply:
 (i) the person has applied for the renewal of an SGG licence;
 (ii) the application has not been refused;
 (iii) if the licence is renewed, the licence will cover the whole of the period.
Note: The Minister must consider the applications mentioned in paragraphs (b) and (c) before allocating HFC quotas: see subregulation (4). A person who does not hold an SGG licence that covers an HFC quota allocation period is not entitled to an amount of HFC quota for a year in that period: see Subdivision 4A.3.3.
 (2) The application must:
 (a) be in the approved form; and
 (b) be given to the Minister on or before:
 (i) if the HFC quota allocation period is the first HFC quota allocation period—the day determined under subregulation (3); or
 (ii) otherwise—31 August in the last year before the start of the HFC quota allocation period; and
 (c) specify the calendar years to which the application relates; and
 (d) state whether the applicant wishes to be allocated non‑grandfathered quota for the years.
 (3) The Minister must, by legislative instrument, determine the day on or before which applications for HFC quotas for the calendar years in the first HFC quota allocation period must be given.

Minister must determine licence applications before allocating quotas
 (4) If paragraph (1)(b) or (c) applies to any of the applicants for HFC quotas for the years in an HFC quota allocation period because the applicants have applied for SGG licences or for the renewal of SGG licences, the Minister must determine each of those applications under Part III of the Act by:
 (a) issuing or renewing an SGG licence; or
 (b) refusing the application;
before the Minister allocates any HFC quotas for the years.
 (5) Subregulation (4) has effect as if a reference in section 17 or 19AD of the Act to section 66 included a reference to that subregulation.