22BESecretary may determine breach on own initiative or on request by an investor

#### 22BE Secretary may determine breach on own initiative or on request by an investor (1) The Secretary may determine that an approved participant for an approved rental dwelling has committed an individual breach, a serious breach or a disqualifying breach: (a) on the Secretary’s own initiative; or (b) on a written request (the transfer request) by an investor for the allocation for the dwelling to be transferred because the approved participant has committed an individual breach, a serious breach or a disqualifying breach. (2) A transfer request: (a) must: (i) be in a form approved by the Secretary; and (ii) include details of the breach alleged by the investor; but (b) does not need to specify whether the breach is an individual breach, a serious breach or a disqualifying breach. (3) However, an investor must not make a transfer request unless: (a) the investor has given the approved participant written notice of the alleged breach; and (b) 90 days have passed since the notice was given; and (c) the investor is satisfied that the approved participant has not taken appropriate action in relation to the alleged breach. (4) Subsection (3) does not apply in relation to an insolvency event.