Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:40
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 40
Character Range: 39503–42069

40  Simplified outline of this Part

      This Part provides in relation to HFC quotas and reserve HFC quotas.
      HFC quotas are allocated for each of 2 consecutive years at a time. A person is eligible for HFC quotas for the years if the person:
             (a) applies for quotas; and
             (b) holds an SGG licence for the years.
            The quotas allocated for the 2 years are identical.
      An HFC quota consists of grandfathered and non‑grandfathered quota. Grandfathered quota is allocated:
             (a) for 2018 and 2019—to applicants who engaged in licensed regulated HCFC or HFC activities during 2009 to 2014; and
             (b) for 2020 and 2021—to applicants who were allocated HFC quotas for 2018 and 2019; and
             (c) for later years—to applicants who were allocated grandfathered quota for earlier years.
      The sizes of grandfathered quotas are worked out on the basis of the applicants' past regulated HCFC and HFC activities and quotas.
      Non‑grandfathered quota is allocated in accordance with a legislative instrument made by the Minister.
      A holder of grandfathered quota may apply to retire some of the holder's future entitlement to grandfathered quota. Retirement does not affect the amount of quota to which other licensees are entitled.
      Reserve HFC quotas may be allocated for a calendar year. A person may apply for a reserve HFC quota for the calendar year if the person:
             (a) holds SGG licences that cover the calendar year and the previous calendar year; and
             (b) has been allocated an HFC quota for that previous calendar year.
      The Minister may allocate a person a reserve HFC quota for the calendar year if:
             (a) the person applies for the quota; and
             (b) the person ordered one or more consignments of HFCs before 1 October of the previous calendar year; and
             (c) at the time the order was placed, it was reasonable to expect that the consignments would be imported in that previous calendar year; and
             (d) the delivery of the consignments was delayed, or is likely to be delayed, for reasons beyond the person's control; and
             (e) the sum of the quantity of HFCs involved in the person's regulated HFC activities for that previous calendar year and the quantity of HFCs in the consignments will not be more than the person's HFC quota for that previous calendar year.
      The size of any reserve HFC quota allocated by the Minister must not exceed the size of the delayed consignments.