32Transfer or revocation because of breach

32 Transfer or revocation because of breach

(1) This section applies if: (a) the Secretary has determined under Subdivision A that the approved participant for a rental dwelling covered by an allocation has committed an individual breach, a serious breach or a disqualifying breach (whether the breach related to the dwelling or not); and (b) either: (i) the Administrative Review Tribunal has confirmed the Secretary’s decision to make the determination; or (ii) the period for making an application to the Administrative Review Tribunal for review of the Secretary’s decision to make the determination has expired. Individual breach—investor requested transfer (2) The Secretary must transfer the allocation covering the dwelling to another person if: (a) the determination of the breach was that the approved participant committed an individual breach; and (b) the individual breach: (i) related to the dwelling; or (ii) arose because the Secretary was satisfied that the approved participant was the subject of an insolvency event; and (c) an investor has requested the transfer, and that request has not been withdrawn. Individual breach—determined on the Secretary’s own initiative etc. (3) The Secretary may transfer the allocation covering the dwelling to another person if: (a) the determination of the breach was that the approved participant committed an individual breach; and (b) the individual breach: (i) related to the dwelling; or (ii) arose because the Secretary was satisfied that the approved participant was the subject of an insolvency event; and (c) the determination was made on the Secretary’s own initiative (see paragraph 28(a)), or on a transfer request that was withdrawn. Serious breach—investor requested transfer (4) The Secretary must transfer the allocation covering the dwelling to another person if: (a) the determination of the breach was that the approved participant committed a serious breach (whether the breach related to the dwelling or not); and (b) an investor has requested the transfer, and that request has not been withdrawn. Serious breach—determined on the Secretary’s own initiative etc. (5) The Secretary may transfer the allocation covering the dwelling to another person, or revoke the allocation, if: (a) the determination of the breach was that the approved participant committed a serious breach (whether the breach related to the dwelling or not); and (b) the determination was made on the Secretary’s own initiative (see paragraph 28(a)), or on a transfer request that was withdrawn. Disqualifying breach (6) If this section starts to apply (see subsection (1)) to the approved participant in relation to a determination of a disqualifying breach: (a) the Secretary must, during the next 6 months, endeavour to transfer to other persons all of the approved participant’s allocations for rental dwellings; and (b) at the end of those 6 months, any of those allocations that were not so transferred is revoked by force of this subsection. Requirements for transfer (7) The Secretary must not transfer an allocation to a person under this section unless the Secretary is satisfied that the person: (a) is not a disqualified person; and (b) has the capacity to properly manage the allocation; and (c) is a suitable person to hold the allocation; and (d) has agreed, in writing, to the transfer. Notice of transfer and imposition of conditions (8) If the Secretary transfers an allocation under this section: (a) the Secretary must give written notice of the transfer to: (i) the original approved participant; and (ii) the gaining approved participant; and (iii) each investor for a rental dwelling covered by the allocation about whom the Secretary has been notified under section 48; and (b) the notice must state the day on which the transfer has effect, which must be the earliest of the following days or a later day: (i) the day the notice is prepared; (ii) if an investor has requested the transfer—the day the request was made; (iii) if an application for an identical transfer was made under section 21 before the breach referred to in paragraph (1)(a) of this section happens—the day that application was made; and (c) the Secretary may impose additional special conditions on the allocation, so long as the gaining approved participant agrees to the imposition of those conditions before the allocation is transferred.