Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Secretary may, on the application of the approved participant, transfer an allocation from one rental dwelling (the original rental dwelling ) to another rental dwelling (the new rental dwelling ), so long as the new rental dwelling was not lived in as a residence before the incentive period for the allocation began.
(2) The application must be in the approved form.
(3) In deciding whether to transfer the allocation, the Secretary must have regard to the following:
(a) the views of the State or Territory in which the new rental dwelling is located, including in relation to the following:
(i) whether the new rental dwelling is in an area of need (that is, an area in which more affordable housing is required or would be of particular benefit);
(ii) the characteristics of the new rental dwelling, including its size and style;
(b) whether any investors in either rental dwelling have agreed to the transfer;
(c) whether the approved participant has complied with the approved participant's obligations to investors.
(4) If the Secretary transfers the allocation:
(a) the Secretary must give the approved participant written notice of the transfer; and
(b) the notice must state the day on which the transfer has effect, which must be the day the approved participant applied for the transfer or a later day; and
(c) the Secretary may impose additional special conditions on the allocation, so long as the approved participant agrees to the imposition of those conditions before the allocation is transferred.