Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:51
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 51
Character Range: 56554–58538

51  Non‑grandfathered quota

Entitlement
 (1) A person is entitled to an amount of non‑grandfathered quota for each of the calendar years in an HFC quota allocation period if:
 (a) the person applies in accordance with regulation 44 for HFC quotas for the years; and
 (b) the application states, under paragraph 44(2)(d), that the person wishes to be allocated non‑grandfathered quota for the years; and
 (c) the person holds an SGG licence that covers the whole of the period; and
 (d) a determination under subregulation (4) of this regulation is in force in relation to the period; and
 (e) the person meets the requirements prescribed by the determination in relation to the year.

Amount
 (2) The amount of non‑grandfathered quota to which a person is entitled for a calendar year in an HFC quota allocation period is the amount worked out under the determination made under subregulation (4).
 (3) The sum of all the amounts of non‑grandfathered quota to which persons are entitled for a calendar year in an HFC quota allocation period must not exceed the amount worked out using the following formula:

Determination
 (4) The Minister may, by legislative instrument, determine the following in relation to an HFC quota allocation period:
 (a) requirements for a person to be entitled to an amount of non‑grandfathered quota for each of the calendar years in the period;
 (b) the amount, or the method for working out the amount, of non‑grandfathered quota to which a person is entitled for each of the years.
 (5) In making a determination under subregulation (4), the Minister:
 (a) must have regard to Australia's international obligations, and the policies of the Commonwealth Government, in relation to the manufacture, importation or consumption of scheduled substances; and
 (b) may have regard to any other matters he or she thinks relevant.
 (6) A determination made under subregulation (4) may provide in relation to review of decisions made under the determination.