Document ID: chunk:federal_register_of_legislation:F2024C00941:reg:23
Version: federal_register_of_legislation:F2024C00941
Segment Type: reg
Provision Reference: reg 23
Character Range: 31718–33567

23  Revocation on application by approved participant etc.
 (1) This section applies if the approved participant, for a rental dwelling covered by an allocation, applies in the approved form for the Secretary to revoke the allocation.

Revoking the allocation
 (2) The Secretary may revoke the allocation.
 (3) If the Secretary revokes the allocation:
 (a) the Secretary must give the approved participant written notice of the revocation; and
 (b) the notice must state the day on which the revocation has effect, which must be the day the notice is prepared or a later day.
Note: No incentive is available for the part of the NRAS year that is after the day the revocation takes effect (see section 16 and subsection 51(2)).

Transferring the allocation instead of revoking it
 (4) Instead of revoking the allocation, the Secretary may transfer the allocation to another person.
 (5) However, the Secretary must not transfer the allocation unless the Secretary is satisfied that the other person:
 (a) is not a disqualified person; and
 (b) has the capacity to properly manage the allocation; and
 (c) is a suitable approved participant to hold the allocation; and
 (d) has agreed, in writing, to the transfer.
 (6) If the Secretary transfers the allocation:
 (a) the Secretary must give written notice of the transfer to:
 (i) the original approved participant; and
 (ii) the gaining approved participant; and
 (b) the notice must state the day on which the transfer has effect, which must be the day the notice is prepared or a later day; and
 (c) the Secretary may impose additional special conditions on the allocation, so long as the gaining approved participant agrees to the imposition of those conditions before the allocation is transferred.

Division 5—Transfer or revocation because of breach

Subdivision A—Determinations of breaches