Transfer of Assessment Certificates and Registrations

 

This Section deals with the circumstances specified in the Act under which transfer of assessment certificates and registrations may occur.

Assessment Certificate

Under s73 of the Act, in certain circumstances a business may arrange to transfer any assessment certificates that it may hold where:

• The holder of the assessment certificate dies, the legal personal representative of his or her estate becomes the holder of that certificate;

• The holder of the assessment certificate becomes bankrupt, the person who becomes the trustee in bankruptcy of the estate of the bankrupt becomes the holder of the certificate;
  a corporate body that is being wound up, the liquidator of the body corporate becomes the holder of the certificate; and/or

• The business to which the certificate relates to is disposed of and it is a term of the agreement for the disposal of the business that the person who acquires the business becomes holder of the certificate, then that person will become the holder of the certificate.

It is important for those acquiring a business to make sure that there is a specific term in the acquisition agreement that specifies transfer of NICNAS assessment certificates with the acquisition. Permits are issued for limited periods and are not eligible for transfer.

When to notify the Director of changes to your circumstances?
Under s73 of the Act, the new holder must give notice to the Director of the transfer as soon as practicable. The Director may revoke a certificate if a person fails to provide notice of a transfer.

Registration

The registration of an importer or manufacturer under the Registration of Introducers of Industrial Chemicals provisions in Part 3A of the Act is not transferable except under the following circumstances if a:

• Registered person dies, the legal personal representative of the person's estate becomes the registered person;

• Registered person becomes bankrupt, the trustee of the estate of the bankrupt becomes the registered person; and/or

• Body corporate that is registered is being wound up, the person appointed to be the liquidator of the body corporate becomes the registered person.

When to notify the Director of changes to your circumstances?

Under s80R(5) of the Act, the Director must be notified in writing as soon as practicable if any of the above circumstances occur so that the Register of Industrial Chemical Introducers can be updated.

If a registered body corporate is taken over by another person (whether registered or not) and, as a result of the takeover, the body corporate ceases to exist, the Director must be notified of the particulars of the takeover within seven days after the takeover takes effectAlso, if a registered body corporate merges with

 another body corporate (whether registered or not) to form a new body corporate, the Director must be notified of the merger by the new corporate within seven days of the merger taking effect.

Forms

• Form 73 - Agreement to Transfer an Assessment Certificate