Document ID: chunk:federal_register_of_legislation:C2007C00532:clause:2_94c:p2
Version: federal_register_of_legislation:C2007C00532
Segment Type: clause
Provision Reference: sch 2 cl 94C (pt 2/2)
Character Range: 53951–55602

have the claim sought in the application resolved.

 (2) The Court must not dismiss the application without first ensuring that the person is given a reasonable opportunity to present his or her case about why the application should not be dismissed.

 (3) The Court must not dismiss the application if there are compelling reasons not to do so. However, the fact that:
 (a) a subsequent future act notice has been given that specifies all or part of an area that is included in the area covered by the application; and
 (b) paragraph (1)(d) is not satisfied in relation to each future act identified in the subsequent future act notice;
is not, of itself, a compelling reason.

 (4) To avoid doubt, the Court's dismissal of an application under this section does not affect any rights, liabilities or obligations of a person under:
 (a) an agreement of the kind mentioned in paragraph 31(1)(b); or
 (b) a determination made under subsection 32(4) or section 36A, 38 or 42; or
 (c) an agreement made in accordance with, or a determination made under, any alternative provisions that are equivalent to the provisions mentioned in paragraphs (a) and (b).

 (5) To avoid doubt, this section does not affect the Court's power to dismiss an application under the Federal Court of Australia Act 1976.

 (6) In this section:

alternative provisions means provisions provided for by a law of a State or Territory in respect of which the Commonwealth Minister has made a determination under paragraph 43(1)(b).

future act notice means:
 (a) a notice of a future act given under section 29; and
 (b) a notice of a future act given under alternative provisions.