36Incoming international transfers of Kyoto units

#### 36 Incoming international transfers of Kyoto units (1) If: (a) there is in force a declaration under section 37 that Australia is in compliance with the emissions trading eligibility requirements under the Kyoto rules; and (b) the Regulator receives an instruction, in accordance with the relevant provisions of the Kyoto rules, for the transfer of a Kyoto unit from a foreign account; and (c) the Kyoto unit is not specified in the regulations as a unit that cannot be transferred to a Registry account; and (d) making an entry for the Kyoto unit in the relevant Registry account would not breach regulations made for the purposes of section 39 (Kyoto rules); and (e) making an entry for the Kyoto unit in the relevant Registry account would not breach regulations made for the purposes of section 44 (Commonwealth Registry accounts); the Regulator must make an entry for the Kyoto unit in the relevant Registry account. > Note: For specification by class, see subsection 13(3) of the Legislation Act 2003. (2) However, the Regulator may refuse to make an entry for the Kyoto unit in the relevant Registry account if the Regulator has reasonable grounds to suspect that the instruction is fraudulent.