22BGTransfer or revocation because of breach

#### 22BG Transfer or revocation because of breach (1) This regulation applies if: (a) the Secretary has determined that an approved participant for an approved rental dwelling has committed an individual breach, a serious breach or a disqualifying breach; and (b) either: (i) the Administrative Appeals Tribunal has confirmed the Secretary’s decision to make the determination; or (ii) the period for making an application to the Administrative Appeals Tribunal for review of the Secretary’s decision to make the determination has expired. Individual breach (2) The Secretary must transfer the allocation for the dwelling to another person or entity if: (a) the Secretary has determined that the approved participant committed an individual breach; and (b) an investor has requested the transfer. Serious breach—investor requested transfer (3) The Secretary must transfer the allocation for the dwelling to another person or entity if: (a) the Secretary has determined that the approved participant committed a serious breach; and (b) an investor has requested the transfer. > Note: The investor may make this request under paragraph 22BB(2)(b) or 22BE(1)(b). Serious breach—determined on the Secretary’s own initiative (4) The Secretary may transfer or revoke the allocation for the dwelling to another person or entity if: (a) the Secretary has determined that the approved participant committed a serious breach; and (b) the determination was made on the Secretary’s own initiative under paragraph 22BB(1)(a). Disqualifying breach (5) If the Secretary determines that the approved participant committed a disqualifying breach, the Secretary must transfer or revoke all of the approved participant’s allocations for approved rental dwellings to other persons or entities within 6 months. Requirements for transfer (6) The Secretary must not transfer an allocation to a person or entity under this regulation unless: (a) the Secretary is satisfied that the person or entity: (i) has the capacity to properly manage the allocation; and (ii) is a suitable person or entity to whom the allocation may be transferred; and (b) the person or entity has agreed in writing to the transfer.