Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:95
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 95
Character Range: 124196–125591

95  Application under subsection 157(3) of the Act
 (1) This section applies to an application to the Tribunal under subsection 157(3) of the Act relating to a claim that the applicant requires a licence in a case to which a licensing scheme does not apply and that a licensor:
 (a) has unreasonably refused or failed to grant, or procure the grant, of the licence; or
 (b) proposes that the licence should be granted subject to the payment of charges, or to conditions, that are unreasonable.
 (2) The application must set out the circumstances or events giving rise to the application and, in particular, must:
 (a) specify the case; and
 (b) state the name of the licensor; and
 (c) in the case of a refusal or failure to grant, or procure the grant of, the licence—specify the date or approximate date on which the applicant requested the licensor to grant, or procure the grant of, the licence; and
 (d) in the case of a proposal of unreasonable charges or conditions—specify those charges or conditions.
 (3) The application must request the Tribunal to make:
 (a) an order that the applicant be granted a licence in the terms proposed by the applicant, the licensor or another party to the application; or
 (b) an order stating the charges and the conditions that the Tribunal considers reasonable in the circumstances for the applicant.
 (4) The licensor is a party to the application.