Australian Capital Territory Numbered Regulations

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ELECTRICITY (GREENHOUSE GAS EMISSIONS) REGULATION 2004 (NO 60 OF 2004) - REG 46

Registration of transfers of certificates

    (1)     An application for registration of the transfer of an abatement certificate must be made in the way approved by the scheme administrator.

Note 1     If a form is approved under the Act, s 65 for this provision, the form must be used.

Note 2     A fee may be determined under the Act, s 64 for this provision.

    (2)     The scheme administrator may refuse an application for registration of the transfer of an abatement certificate if—

        (a)     the application for registration is not properly made; or

        (b)     the scheme administrator considers the proposed transfer of the abatement certificate contravenes the Act.

Note 1     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 2     If the abatement certificate is a non-transferable abatement certificate, the scheme administrator must refuse an application for registration of a transfer of the certificate unless the transfer is associated with the sale of the business of the transferor to the transferee or the scheme administrator is otherwise authorised to register the transfer (see the Act, s 40).

    (3)     If the scheme administrator refuses an application for registration of the transfer of an abatement certificate, the scheme administrator must give the applicant written reasons for the refusal.



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