Document ID: chunk:federal_register_of_legislation:F2010L02473:body:0:p2
Version: federal_register_of_legislation:F2010L02473
Segment Type: other
Provision Reference: 
Character Range: 2622–5563

this Protocol must be given in writing.

Note   Written notices may be given electronically: see section 9 of the Electronic Transactions Act 1999.

 (2) The Authority must, in consultation with each State Contracting Government and, where appropriate, any relevant licensing authority, determine the form and content of a notice required to be given to or by the Authority under this Protocol.

7 Processes and principles

  The Authority and each State Contracting Government and licensing authority must follow the processes and principles in the steps set out in Schedule 1.

8 Review of Protocol

 (1) An independent auditor appointed under subclause 16 (5) of Schedule D to the Agreement may consider the operation of this Protocol and, if the auditor considers it appropriate, recommend that the Authority review the Protocol.

 (2) The Authority must review, and if appropriate, consider amending this Protocol if:
 (a) the Agreement is amended in a way that may be relevant to interstate transfers; or
 (b) Commonwealth or State legislation, or an instrument under such legislation, is made or amended in a way that may affect interstate transfers; or
 (c) any report about the operation of Schedule D to the Agreement or the markets for interstate transfers, prepared under clause 18 of Schedule D to the Agreement, indicates that a review of this Protocol is appropriate; or
 (d) an independent auditor mentioned in subsection (1) recommends, in connection with his or her appointment as an independent auditor, that a review is appropriate.

Schedule 1 Processes and principles
(Section 7)

Step 1 Lodging applications

  An application to transfer an allocation is not to be processed unless:
 (a) the transferor has given the transferor's authority a duly completed and executed:
 (i) original of the transferor's authority's application form; and
 (ii) copy of the transferee's authority's application form; and
 (b) the transferee has given the transferee's authority a duly completed and executed:
 (i) original of the transferee's authority's application form; and
 (ii) copy of the transferor's authority's application form.

Step 2 Consideration of application by transferee's authority

 (1) When a transferee lodges the application forms mentioned in paragraph (b) of step 1 with the transferee's authority, the transferee's authority must promptly:
 (a) note the application in its records; and
 (b) assign a transaction identification number to the transfer; and
 (c) consider any protocol made under subclause 6 (1) of Schedule D to the Agreement, and any other matters which the transferee's authority is required to consider, to determine whether the transferor's application is prohibited.

 (2) A transferee's authority or transferor's authority for a transfer may, at any time, request the other authority for the transfer to provide a copy of any application form lodged with the other authority.

 (3) If