Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95azm:p3
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AZM (pt 3/3)
Character Range: 70706–73354

the Tribunal must not make a determination revoking the authorisation unless the Tribunal is satisfied that it would, if the authorisation had not already been granted, be prevented under section 95AZH from granting the authorisation.

 (10) The Tribunal must not make a determination revoking an authorisation and substituting another authorisation unless it is satisfied that it would not be prevented under section 95AZH from making a determination granting the substituted authorisation, if it were a new authorisation sought under section 95AU.

Time limits for determining application

 (11) If the Tribunal has not made a determination on an application under subsection (1) or (6) within the relevant period, the Tribunal is taken to have refused to revoke the authorisation.

 (12) For the purposes of subsection (11), the relevant period is the period of 3 months beginning on the day the application was given to the Tribunal. However, if before the end of that 3 month period the Tribunal determines in writing that:
 (a) the matter cannot be dealt with properly within that period, either because of its complexity or because of other special circumstances; and
 (b) that period is extended by a specified period of not more than 3 months;
the relevant period is that period as so extended.

 (13) If the Tribunal makes a determination under subsection (12), it must notify the applicant in writing of its determination before the end of that 3 month period.

Withdrawal of application

 (14) The applicant may withdraw an application under subsection (1), and the Commission may withdraw an application under subsection (6), by notice in writing to the Tribunal at any time.

Powers and procedures of the Tribunal

 (15) The following sections apply in relation to an application for a revocation, or a revocation and substitution, of an authorisation in the same way as they apply in relation to an application for an authorisation:
 (b) section 95AZC (Tribunal may seek additional information from applicant);
 (c) section 95AZD (Tribunal may seek further information and consult others etc.);
 (ca) section 95AZEA (Tribunal must require Commission to give report);
 (d) section 95AZF (Commission to assist Tribunal);
 (e) section 95AZFA (Commission may make enquiries).

Substituted authorisations

 (16) The following sections apply in relation to an authorisation substituted under this section in the same way as they apply in relation to an authorisation granted under section 95AZG:
 (a) section 95AZJ (Authorisation subject to conditions);
 (b) section 95AZK (When authorisation is in force).

Subdivision D—Miscellaneous