Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:1_36f
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 1 cl 36F
Character Range: 30217–31935

36F  Transfer of quotas

Transfer of HFC quota if SGG licence transferred
 (1) If the Minister transfers an SGG licensee's SGG licence under section 19B, the unused part of each HFC quota (if any) allocated to the first licensee for calendar years ending on or after the date of the transfer is taken to have been allocated to the transferee on that date.

Transfer of HFC quota without transferring SGG licence
 (2) An SGG licensee may, without transferring the licensee's SGG licence, transfer to another SGG licensee the unused part of:
 (a) an HFC quota allocated to the first licensee for a calendar year; and
 (b) each HFC quota (if any) allocated to the first licensee for later calendar years.
 (3) An SGG licensee may, instead of transferring the whole of the unused parts of the HFC quotas mentioned in subsection (2):
 (a) choose a particular percentage; and
 (b) without transferring the licensee's SGG licence, transfer to another SGG 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.
 (4) A transfer under subsection (2) or (3) has no effect until the transferor notifies the Minister of the transfer.
 (5) A notice must:
 (a) state the transferee's name, address and licence number; and
 (b) specify the amount of each HFC quota transferred.
 (6) After a transfer under subsection (2) or (3) takes effect:
 (a) each transferred HFC quota, or each transferred part of an HFC quota, is taken to have been allocated to the transferee; and
 (b) if only part of an HFC quota is transferred—the transferor is taken to have been allocated the untransferred part of the quota.

Division 3—Reserve HFC quotas