Document ID: chunk:federal_register_of_legislation:C2004A00932:clause:1_47
Version: federal_register_of_legislation:C2004A00932
Segment Type: clause
Provision Reference: sch 1 cl 47
Character Range: 30295–31056

47  Consent of the AOC to institute remedial proceedings

 (1) A licensed user must not:
 (a) make an application for an injunction (other than an interim injunction) under section 41; or
 (b) bring an action for damages under section 44; or
 (c) make an application for an order under section 45; or
 (d) make an application for an order under section 46;
except with the written consent of the AOC.

 (2) If:
 (a) a licensed user gives the AOC a written request for consent under subsection (1); and
 (b) the AOC neither gives nor refuses that consent before the end of the period of 8 days beginning on the day on which the request was given;
the AOC is taken to have given the consent.

 (3) Consent under subsection (1) must not be unreasonably refused.