Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:4_28d:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 4 cl 28D (pt 1/2)
Character Range: 261212–263996

28D  Suspension of Registry accounts

Scope
 (1) This section applies to a Registry account kept in the name of a person.

Suspension
 (2) The Administrator may, by written instrument, suspend the Registry account for a specified period.
 (3) The Administrator may exercise the power conferred by subsection (2):
 (a) on the Administrator's own initiative; or
 (b) on written request made to the Administrator by the person.
 (4) The Administrator must not make an instrument under subsection (2) unless the Administrator is satisfied that it is prudent to do so in order to:
 (a) ensure the integrity of the Registry; or
 (b) prevent, mitigate or minimise abuse of the Registry; or
 (c) prevent, mitigate or minimise criminal activity involving the Registry.
 (5) If an account is suspended under subsection (2):
 (a) the Administrator must not:
 (i) give effect to any instruction to transfer units to or from the Registry account; or
 (ii) issue any Australian carbon credit units to the Registry account; and
 (b) a notice to relinquish Australian carbon credit units under section 175 of the Carbon Credits (Carbon Farming Initiative) Act 2011 does not have effect.

Notification
 (6) As soon as practicable after making an instrument under subsection (2), the Administrator must give the person a copy of the instrument.
 (7) If an instrument under subsection (2) is made on the Administrator's own initiative, the copy of the instrument must be accompanied by a notice inviting the person to request the Administrator to:
 (a) revoke the instrument; or
 (b) vary the instrument in the manner specified in the request.

Request
 (8) A request under paragraph (3)(b) or subsection (7) must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Administrator; and
 (c) set out the reason for the request.

Further information
 (9) If the person makes a request under subsection (7), the Administrator may, by written notice given to the person, require the person to give the Administrator, within the period specified in the notice, further information in connection with the request.

Prior notice not required
 (10) The Administrator is not required to give any prior notice in relation to the decision to make an instrument under subsection (2).

Decision in relation to instrument made on own initiative
 (11) If the Administrator receives a request under subsection (7), the Administrator must:
 (a) if the request is to revoke the instrument:
 (i) revoke the instrument; or
 (ii) decide not to revoke the instrument; or
 (b) if the request is to vary the instrument:
 (i) vary the instrument as requested; or
 (ii) decide not to vary the instrument.
 (12) The Administrator must take all reasonable steps to ensure that a decision is made under subsection