Document ID: chunk:federal_register_of_legislation:C2024C00224:section:94c:p3
Version: federal_register_of_legislation:C2024C00224
Segment Type: section
Provision Reference: s 94C (pt 3/4)
Character Range: 448857–451518

expedited procedure;
 (c) a copy of an agreement that the act may be done, or may be done subject to conditions being complied with, is given to the arbitral body under section 34 of the pre‑1998 law;
 (d) a determination is made under section 38 of the pre‑1998 law that the act may be done, or may be done subject to conditions being complied with;
 (e) a determination is made under section 38 of the pre‑1998 law that the act must not be done;
 (f) a determination that the act may be done, or may be done subject to conditions being complied with or must not be done, is declared to be overruled in accordance with section 42 of the pre‑1998 law;
 (g) a circumstance occurs in which, under the regulations, the future act requirements are satisfied.
 (1F) The regulations may prescribe, for the purposes of paragraphs (1D)(h) and (1E)(g), other circumstances in which future act requirements are satisfied.
 (1G) The regulations may prescribe circumstances in which future act requirements are satisfied in relation to a future act notice given under alternative provisions.
 (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