36FTransfer of quotas

#### 36F Transfer of quotas Transfer of HFC quota if SGG licence transferred (1) If the Minister transfers an SGG licensee’s SGG licence under section 19B, the unused part of each HFC quota (if any) allocated to the first licensee for calendar years ending on or after the date of the transfer is taken to have been allocated to the transferee on that date. Transfer of HFC quota without transferring SGG licence (2) An SGG licensee (including the licensee for a suspended SGG licence) may, without transferring the licensee’s SGG licence, transfer to another SGG licensee the unused part of: (a) an HFC quota allocated to the first licensee for a calendar year; and (b) each HFC quota (if any) allocated to the first licensee for later calendar years. (3) An SGG licensee (including the licensee for a suspended SGG licence) may, instead of transferring the whole of the unused parts of the HFC quotas mentioned in subsection (2): (a) choose a particular percentage; and (b) without transferring the licensee’s SGG licence, transfer to another SGG licensee the lesser of the following percentages of each of those quotas: (i) the chosen percentage; (ii) the percentage of the quota that is unused. (4) A transfer under subsection (2) or (3) has no effect until the transferor notifies the Minister of the transfer. (5) A notice must: (a) state the transferee’s name, address and licence number; and (b) specify the amount of each HFC quota transferred. (6) After a transfer under subsection (2) or (3) takes effect: (a) each transferred HFC quota, or each transferred part of an HFC quota, is taken to have been allocated to the transferee; and (b) if only part of an HFC quota is transferred—the transferor is taken to have been allocated the untransferred part of the quota.