46Secretary may refuse to extinguish or transfer units

46 Secretary may refuse to extinguish or transfer units

Scope (1) This section applies if a person requests, in accordance with section 42, 43 or 45, that the Secretary take an action that is one of the following: (a) extinguishing units for the purpose of reducing the person’s final emissions value for a year (but not below zero); (b) extinguishing units other than for the purpose of reducing the person’s final emissions value for a year; (c) transferring units from the person’s registry account to another registry account. Refusal to take action (2) The Secretary may refuse to take the action if the Secretary is satisfied that: (a) it is prudent to do so in order to: (i) ensure the integrity of the Registry; or (ii) prevent, mitigate or minimise abuse of the Registry; or (iii) prevent, mitigate or minimise criminal activity involving the Registry; or (b) the person has or may have: (i) committed an offence against Division 4 of Part 4 (offences and civil penalties in relation to the Registry etc.) or the Crimes Act 1914 or the Criminal Code, to the extent that it relates to this Act; or (ii) contravened a civil penalty provision of this Act (other than section 17); or (iii) committed an offence against Part 2 of the Road Vehicle Standards Act 2018; or (iv) contravened a civil penalty provision of Part 2 of the Road Vehicle Standards Act 2018. Notification (3) As soon as practicable after the Secretary refuses to take the action, the Secretary must give written notice of the refusal to the person. (4) The notice must invite the person to request the Secretary to cease to refuse to take the action. (5) A request under subsection (4) must: (a) be in writing; and (b) meet the requirements (if any) prescribed by the rules; and (c) set out the reason for the request. (6) If the person makes a request under subsection (4), the Secretary may, by written notice given to the person, require the person to give the Secretary, within the period specified in the notice, further information in connection with that request. Prior notice not required (7) The Secretary is not required to give any prior notice of a refusal under this section. Decision on request (8) If the Secretary receives a request under subsection (4), the Secretary must: (a) cease to refuse to take the action; or (b) decide to continue to refuse to take the action. (9) The Secretary must take all reasonable steps to ensure that a decision is made under subsection (8): (a) if the Secretary requires the person to give further information under subsection (6) in relation to the request—within 7 days after the person gave the Secretary the information; or (b) otherwise—within 7 days after the request was made. (10) As soon as practicable after the Secretary makes a decision under subsection (8), the Secretary must notify the person, in writing, of the decision.