Document ID: chunk:federal_register_of_legislation:C2024C00856:section:13:p2
Version: federal_register_of_legislation:C2024C00856
Segment Type: section
Provision Reference: s 13 (pt 2/3)
Character Range: 39208–41768

request within 28 days after the decision of the court.
 (4A) The Federal Court or the Federal Circuit and Family Court of Australia (Division 2) may, on the application of:
 (a) a person to whom a request is made under subsection (1); or
 (b) a person who has received a notice under subsection (3);
make an order declaring that the person who made the request concerned was, or was not, entitled to make the request.
 (5) A person to whom a request for a statement in relation to a decision is made under subsection (1) may refuse to prepare and furnish the statement if:
 (a) in the case of a decision the terms of which were recorded in writing and set out in a document that was furnished to the person who made the request—the request was not made on or before the twenty‑eighth day after the day on which that document was so furnished; or
 (b) in any other case—the request was not made within a reasonable time after the decision was made;
and in any such case the person to whom the request was made shall give to the person who made the request, within 14 days after receiving the request, notice in writing stating that the statement will not be furnished to him or her and giving the reason why the statement will not be so furnished.
 (6) For the purposes of paragraph (5)(b), a request for a statement in relation to a decision shall be deemed to have been made within a reasonable time after the decision was made if the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), on application by the person who made the request, declares that the request was made within a reasonable time after the decision was made.
 (7) If the Federal Court or the Federal Circuit and Family Court of Australia (Division 2), upon application for an order under this subsection made to it by a person to whom a statement has been furnished in pursuance of a request under subsection (1), considers that the statement does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the court may order the person who furnished the statement to furnish to the person who made the request for the statement, within such time as is specified in the order, an additional statement or additional statements containing further and better particulars in relation to matters specified in the order with respect to those findings, that evidence or other material or those reasons.