Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:1_35
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 1 cl 35
Character Range: 177419–178406

35  Application for arbitral body determination

 (1) Any negotiation party may apply to the arbitral body for a determination under section 38 in relation to the act if:
 (a) at least 6 months have passed since the notification day (see subsection 29(4)); and
 (b) no agreement of the kind mentioned in paragraph 31(1)(b) has been made in relation to the act.

Withdrawal of application

 (2) At any time before a determination in relation to the act is made under section 36A or 38, the negotiation party may withdraw the application by giving notice to the arbitral body.

Negotiations for an agreement

 (3) Even though the application has been made, the negotiation parties may continue to negotiate with a view to obtaining an agreement of the kind mentioned in paragraph 31(1)(b) before a determination in relation to the act is made under section 36A or 38. If they make such an agreement before such a determination is made, the application is taken to have been withdrawn.