Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_38
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 35455–36147

38  Process for applications for notices
 (1) A party to a dispute may make an application for a notice under subsections 42(1) or 42(2) of the Act at any time after the Tribunal has been constituted to deal with the dispute.
 (2) An application is to be made in the approved form.
 (3) Before deciding whether to give a notice, the Tribunal member is to allow the other party or parties to the dispute a reasonable opportunity to make submissions in relation to whether the notice should be given.
 (4) The Tribunal member is to only give a notice where the requirement in subsection 36(3) or 37(3) is met.
 (5) The Tribunal member may decide an application for a notice without a hearing.