Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:1_35a
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 1 cl 35A
Character Range: 24938–26076

35A  Direction to export HCFCs if quota exceeded
 (1) The Minister may, by written notice given to a licensee, direct the licensee to export a specified quantity of HCFCs by a specified time if:
 (a) both:
 (i) the licensee has been allocated an HCFC quota for a quota period; and
 (ii) the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the year exceeds the total of that quota and any reserve HCFC quotas allocated to the licensee that are in force at any time in the period; or
 (b) both:
 (i) the licensee has been allocated a reserve HCFC quota that is in force for a period (the reserve period) in a quota period, but has not been allocated an HCFC quota for the quota period; and
 (ii) the total quantity of HCFCs, expressed in ODP tonnes, involved in regulated HCFC activities engaged in by the licensee in the reserve period exceeds the reserve HCFC quota.
Note: It is a condition of the licence that the licensee comply with the direction: see subsection 18(1).
 (2) The amount specified in the direction must not be greater than the amount of the excess.