Document ID: chunk:federal_register_of_legislation:C2024C00535:section:35
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 35
Character Range: 101233–102778

35  Transfer of quotas
 (1) If:
 (a) a licensee is allocated an HCFC quota; and
 (b) the Minister 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 Minister 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.