Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_39
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 39
Character Range: 31333–32789

39  Independent Assessor may determine that powers to obtain information do not apply in relation to particular building project
 (1) The Independent Assessor may, in accordance with this Subdivision, make a written determination that section 45 does not apply in relation to one or more building projects.
Note 1: Section 45 provides for the Director to make an application to a nominated AAT presidential member for the issue of an examination notice in relation to a person in respect of an investigation.
Note 2: A determination can be varied or revoked on application by an interested person (see subsection 33(3) of the Acts Interpretation Act 1901) or on request by the Director (see section 43 of this Act).
 (2) The Independent Assessor may make a determination under subsection (1) in relation to a building project only on application under section 40 by an interested person in relation to the building project.
 (3) The Independent Assessor must not make a determination under subsection (1) in relation to a particular building project unless the Independent Assessor is satisfied, in relation to that building project, that:
 (a) it would be appropriate to make the determination, having regard to:
 (i) the object of this Act; and
 (ii) any matters prescribed by the regulations; and
 (b) it would not be contrary to the public interest to make the determination.
 (4) A determination under subsection (1) is not a legislative instrument.