Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:4_28b:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 4 cl 28B (pt 1/2)
Character Range: 254599–257377

28B  Administrator may refuse to give effect to a transfer instruction

Scope
 (1) This section applies if the Administrator receives an instruction to transfer one or more:
 (a) Australian carbon credit units; or
 (b) Kyoto units; or
 (c) prescribed international units;
to or from a Registry account kept in the name of a person.

Administrator may refuse to give effect to instruction
 (2) The Administrator may refuse to give effect to the instruction if 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.

Notification
 (3) As soon as practicable after the Administrator refuses, under subsection (2), to give effect to the instruction, the Administrator must give written notice of the refusal to:
 (a) in any case—the person; or
 (b) if the instruction was given by another person—that other person.
 (4) A notice given to a person under subsection (3) must invite the person to request the Administrator to cease to refuse to give effect to the instruction.
 (5) A request under subsection (4) 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.
 (6) If the person makes a request under subsection (4), 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
 (7) The Administrator is not required to give any prior notice of a refusal under subsection (2).

Decision on request
 (8) If the Administrator receives a request under subsection (4), the Administrator must:
 (a) cease to refuse to give effect to the instruction; or
 (b) decide to continue to refuse to give effect to the instruction.
 (9) The Administrator must take all reasonable steps to ensure that a decision is made under subsection (8):
 (a) if the Administrator requires the person to give further information under subsection (6) in relation to the request—within 7 days after the person gave the Administrator the information; or
 (b) otherwise—within 7 days after the request was made.
 (10) As soon as practicable after the Administrator makes a decision under subsection (8), the Administrator must notify the person, in writing, of the decision.

Other provisions
 (11) This section has effect despite:
 (a) any other provision of this Act; or
 (b) anything in the Carbon Credits (Carbon Farming Initiative) Act 2011.
Note: For additional powers of refusal, see:
(a) paragraph 34(3)(a) of this Act; and
(b) paragraph 35(3)(a) of