Document ID: chunk:federal_register_of_legislation:F2024C00941:reg:32:p1
Version: federal_register_of_legislation:F2024C00941
Segment Type: reg
Provision Reference: reg 32 (pt 1/3)
Character Range: 44497–47444

32  Transfer or revocation because of breach
 (1) This section applies if:
 (a) the Secretary has determined under Subdivision A that the approved participant for a rental dwelling covered by an allocation has committed an individual breach, a serious breach or a disqualifying breach (whether the breach related to the dwelling or not); and
 (b) either:
 (i) the Administrative Review Tribunal has confirmed the Secretary's decision to make the determination; or
 (ii) the period for making an application to the Administrative Review Tribunal for review of the Secretary's decision to make the determination has expired.

Individual breach—investor requested transfer
 (2) The Secretary must transfer the allocation covering the dwelling to another person if:
 (a) the determination of the breach was that the approved participant committed an individual breach; and
 (b) the individual breach:
 (i) related to the dwelling; or
 (ii) arose because the Secretary was satisfied that the approved participant was the subject of an insolvency event; and
 (c) an investor has requested the transfer, and that request has not been withdrawn.

Individual breach—determined on the Secretary's own initiative etc.
 (3) The Secretary may transfer the allocation covering the dwelling to another person if:
 (a) the determination of the breach was that the approved participant committed an individual breach; and
 (b) the individual breach:
 (i) related to the dwelling; or
 (ii) arose because the Secretary was satisfied that the approved participant was the subject of an insolvency event; and
 (c) the determination was made on the Secretary's own initiative (see paragraph 28(a)), or on a transfer request that was withdrawn.

Serious breach—investor requested transfer
 (4) The Secretary must transfer the allocation covering the dwelling to another person if:
 (a) the determination of the breach was that the approved participant committed a serious breach (whether the breach related to the dwelling or not); and
 (b) an investor has requested the transfer, and that request has not been withdrawn.

Serious breach—determined on the Secretary's own initiative etc.
 (5) The Secretary may transfer the allocation covering the dwelling to another person, or revoke the allocation, if:
 (a) the determination of the breach was that the approved participant committed a serious breach (whether the breach related to the dwelling or not); and
 (b) the determination was made on the Secretary's own initiative (see paragraph 28(a)), or on a transfer request that was withdrawn.

Disqualifying breach
 (6) If this section starts to apply (see subsection (1)) to the approved participant in relation to a determination of a disqualifying breach:
 (a) the Secretary must, during the next 6 months, endeavour to transfer to other persons all of the approved participant's allocations for rental dwellings; and
 (b) at the end of those 6 months, any of those