Transferring an assessment certificate
Last update 30 November 2016
Under Section 73 of the Industrial Chemicals (Notification and Assessment) Act 1989 (ICNA Act), in certain circumstances a business may arrange to transfer an assessment certificate it holds if:
- the holder dies, in which case the legal personal representing the estate becomes the certificate holder
- the holder becomes bankrupt, in which case the person who becomes the trustee of the estate becomes the certificate holder
- a corporate body is being wound up, in which case the liquidator of the body corporate becomes the certificate holder
- the business is disposed of and it is a term of the agreement for disposal that the person who acquires the business becomes the certificate holder.
NOTE: Permits are issued for limited periods and are not eligible for transfer.
When to notify NICNAS of changes to circumstances
Under Section 73 of the Act, the new holder must give notice to the NICNAS Director of the transfer as soon as practicable. The Director may revoke a certificate if a person fails to provide notice of a transfer.
If a registered body corporate is taken over by another person (whether registered or not) and if, as a result, the body corporate ceases, you must notify the NICNAS Director of the takeover particulars within seven days after the takeover takes effect.
If a registered body corporate merges with another body corporate (whether registered or not), you must notify the NICNAS Director of the new corporate body within seven days of the merger taking effect.
In all of these cases, please complete the Transfer of assessment certificate notice form.