Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_73
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 73
Character Range: 79800–81136

73  At the end of section 190D
Add:

Where all avenues for review of Registrar's decision exhausted

 (6) Subsection (7) applies in a case where:
 (a) the Registrar does not accept the claim for registration either because, in the opinion of the Registrar:
 (i) it does not satisfy all of the conditions in section 190B; or
 (ii) it is not possible to determine whether all of the conditions in section 190B have been satisfied because of a failure to satisfy section 190C; and
 (b) the Court is satisfied that the avenues for:
 (i) the review under this section of the Registrar's decision; and
 (ii) the review of orders made in the determination of an application under this section; and
 (iii) the review of the Registrar's decision under any other law;
  have all been exhausted without the registration of the claim.

 (7) The Court may, either on the application of a party or on its own motion, dismiss the application in which the claim was made (the application in issue) if:
 (a) the Court is satisfied that the application in issue has not been amended since consideration by the Registrar, and is not likely to be amended in a way that would lead to a different outcome once considered by the Registrar; and
 (b) in the opinion of the Court, there is no other reason why the application in issue should not be dismissed.