Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsRequests
(1) A person who engaged in a licensed regulated HCFC activity in the base period for the first HFC quota allocation period may request that:
(a) the activity be taken to have been engaged in by another specified person; and
(b) all or part of an HCFC quota allocated to the first person for the quota period (within the meaning of section 23A of the Act) in which the licensed regulated HCFC activity was engaged in be taken to have been:
(i) allocated to the other person; and
(ii) not allocated to the first person.
(2) A person who engaged in a licensed regulated HFC activity in the base period for an HFC quota allocation period may request that:
(a) the activity be taken to have been engaged in by another specified person; and
(b) all or part of an HFC quota allocated to the first person for the calendar year in which the licensed regulated HFC activity was engaged in be taken to have been:
(i) allocated to the other person; and
(ii) not allocated to the first person.
(3) A request under subregulation (1) or (2) must be:
(a) in the approved form; and
(b) given to the Minister before the day on or before which, under paragraph 44(2)(b), applications for HFC quotas for the calendar years in the HFC quota allocation period must be made.
(4) If the Minister receives a request under subregulation (1) or (2) in accordance with subregulation (3), then, for the purposes of applying this Subdivision in allocating HFC quotas for the HFC quota allocation period mentioned in subregulation (1) or (2) (whichever is applicable) and later HFC quota allocation periods:
(a) the activity specified in the request is taken to have been engaged in by the person specified in the request, rather than by the person who makes the request; and
(b) all or part of the HCFC quota or HFC quota specified in the request is taken to have been allocated to the person specified in the request, rather than to the person who makes the request.
Variations and withdrawals
(5) A person who makes a request under subregulation (1) or (2) may vary or withdraw it.
(6) The variation or withdrawal must be:
(a) in the approved form; and
(b) given to the Minister no later than 30 days after the day mentioned in paragraph (3)(b).
Licence requirements
(7) To avoid doubt, for the purposes of this Subdivision, an activity that a person is taken under subregulation (4) to have engaged in at a time is a licensed regulated HCFC activity or licensed regulated HFC activity even if the person did not actually hold at that time a controlled substances licence or SGG licence that allowed the activity.