Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:90
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 90
Character Range: 116089–117646

90  Reference of existing licence scheme under section 155 of the Act
 (1) A reference of a licence scheme to the Tribunal under section 155 of the Act must:
 (a) state whether the person referring the scheme is:
 (i) the licensor operating the scheme; or
 (ii) an organization claiming to be representative of persons requiring licences in cases included in a class of cases to which the scheme applies; or
 (iii) a person claiming that he or she requires a licence in a case included in a class of cases to which the scheme applies; and
 (b) specify the class of cases to which the reference relates; and
 (c) state the name of the other party to the dispute that gave rise to the reference; and
 (d) set out details of the matter in dispute; and
 (e) request the Tribunal to make such order, confirming or varying the scheme or substituting for the scheme another scheme proposed by one of the parties, so far as it relates to the class of cases to which the reference relates, as the Tribunal considers reasonable in the circumstances.
 (2) If the reference is made by an organization claiming to be representative of persons requiring licences, the Tribunal must, before determining the question whether the organization is reasonably representative of the class of persons that it claims to represent, give each of the following an opportunity to present a case in relation to that question:
 (a) every other party to the reference;
 (b) every person who has applied to be made a party to the reference and whose application has not been determined.