Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:237
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 237
Character Range: 156582–158321

237  Transfer of non‑QPS permits
 (1A) This regulation does not apply in relation to a non‑QPS permit granted in accordance with paragraph 235(2)(b).
 (1) A non‑QPS permit holder and another person (the transferee) may jointly apply to transfer the permit to the transferee.
 (2) The application must:
 (a) be in the approved form; and
 (b) be signed by both applicants; and
 (c) be given to the Minister.
 (3) The Minister:
 (a) may ask either or both applicants for any further information in relation to the application the Minister considers reasonably necessary; and
 (b) need not consider, or further consider, the application until such information is provided.
 (4) On application under this regulation, the Minister must, by notice in writing to each applicant:
 (a) transfer the permit to the transferee with effect from a date specified in the notice; or
 (b) refuse to transfer the permit.
 (5) The Minister may transfer the permit under this regulation only if:
 (a) the Minister considers it appropriate in the circumstances; and
 (b) the transfer would not be inconsistent with Australia's obligations under the Montreal Protocol.
 (6) If the Minister transfers the permit, the Minister must give a copy of the permit to the transferee with the notice under subregulation (4).
 (7) If the Minister refuses to transfer the permit, or transfers the permit with effect from a date other than that applied for, the notice under subregulation (4) must include a statement of:
 (a) the reasons for the decision; and
 (b) the effect of regulation 238 (non‑QPS permits—review of decisions).
 (8) If the Minister transfers the permit, the transferee is taken to be the permit holder on and after the date the transfer takes effect.