Document ID: chunk:federal_register_of_legislation:C2024C00851:section:98h
Version: federal_register_of_legislation:C2024C00851
Segment Type: section
Provision Reference: s 98H
Character Range: 314353–315768

98H  Procedure for dealing with application
 (1) In making a decision under this Division in relation to an application, the Registrar:
 (a) may act on the basis of:
 (i) the application and the documents accompanying it; and
 (ii) if action has been taken under section 98G—the reply (if any) to the application and the documents (if any) accompanying it; and
 (b) may, but is not required to, conduct any inquiry or investigation into the matter.
 (2) Except where the Registrar refuses to make a determination under section 98E or 98F or subsection 98J(2) in respect of an application, the Registrar must give an opportunity to the applicant and the other party to appear before the Registrar, and be heard by him or her, if they so wish.
Note: Sections 98E and 98F and subsection 98J(2) provide that the Registrar may refuse to make a determination in the circumstances set out in those provisions without taking any further action under this Part.
 (3) Nothing in subsection (2) empowers the Registrar to compel a party to the proceeding to appear before the Registrar in the presence of the other party.
 (4) Any hearing before the Registrar, and any inquiry or investigation carried out by the Registrar, is to be carried out as the Registrar thinks fit and the Registrar is not bound by any rules of evidence.
 (5) A party to the proceedings must not be represented by another person before the Registrar.