23DDecisions on applications

23D Decisions on applications

(1) The Secretary may assess an application under this Division to vary the conditions of the reservation of an allocation using the same criteria as applied to the application under regulation 8 for the allocation. (2) In assessing the application, the Secretary may also take into account: (a) the documents and information mentioned in subregulation 23A(3); and (b) any answers or documents given under subregulation 23A(4); and (c) whether the documents, information or answers, if made public, would be likely to bring the Scheme into disrepute; and (d) whether the proposed variation would be consistent with the object of the Act. (3) After assessing the application, the Secretary may: (a) agree to vary the conditions of the reservation of the allocation, in whole or in part; or (b) refuse to vary the conditions of the reservation of the allocation, in whole or in part. (4) The Secretary must not agree to vary the location of a rental dwelling, or the agreed rental availability date for a rental dwelling, because of a natural disaster unless the Secretary is satisfied the variation is necessary because of the natural disaster.

21 Regulation 25

Repeal the regulation, substitute: