Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:1_36h
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 1 cl 36H
Character Range: 33650–34896

36H  Direction to export HFCs if quota exceeded
 (1) The Minister may, by written notice given to an SGG licensee, direct the licensee to export a specified quantity of HFCs by a specified time if:
 (a) both:
 (i) the SGG licensee has been allocated an HFC quota for a calendar year; and
 (ii) the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the year exceeds the total of that quota and any reserve HFC quotas allocated to the licensee that are in force at any time in the year; or
 (b) both:
 (i) the SGG licensee has been allocated a reserve HFC quota that is in force for a period (the reserve period) in a calendar year, but has not been allocated an HFC quota for the year; and
 (ii) the total quantity of HFCs, expressed in CO2e megatonnes, involved in regulated HFC activities engaged in by the licensee in the reserve period exceeds the reserve HFC quota.
Note 1: It is a condition of the SGG licence that the licensee comply with the direction: see subsection 18(1).
Note: 2: A person requires an SGG licence to export an HFC in most circumstances: see section 13.
 (2) The amount specified in the direction must not be greater than the amount of the excess.