25Entitlement to receive incentives

#### 25 Entitlement to receive incentives (1) An approved participant for an approved rental dwelling is entitled to receive an incentive, under this Division, for the dwelling for the NRAS year, if: (a) the conditions of an allocation in relation to the approved rental dwelling are satisfied for the NRAS year; and (b) a determination under subregulation (2) is not in force in relation to the allocation. (2) The Secretary may, in accordance with this regulation, make a written determination that subregulation (1) does not apply in relation to a particular allocation if: (a) an investor has requested the transfer of the allocation under regulation 22BE and the request has not been finally determined; or (b) the Secretary believes on reasonable grounds that such a request will be made; or (c) less than 90 days have passed since a request to transfer the allocation under regulation 22BE was finally determined; or (d) a redirection of the incentive is made within the 90 days mentioned in paragraph (c) and less than 30 days have passed since the redirection of the incentive; or (e) an application relating to redirection of the incentive made to the Administrative Appeals Tribunal under paragraph 33(1)(ab) has not been finally determined. (3) The Secretary must revoke the determination if the Secretary is satisfied that the grounds on which the determination was made no longer apply and none of the other grounds for making a determination apply. (4) For the purposes of this regulation, a request or an application is finally determined when either: (a) the decision made in respect of the request or application is not subject to any form of appeal or review; or (b) the period within which such an appeal or review could be instituted has ended without an appeal or review having been instituted. (5) A determination made under subregulation (2) is not a legislative instrument.