Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_353c:p1
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 353C (pt 1/2)
Character Range: 224391–227226

353C  Dismissal of applications

Dismissal if parties consent
 (1) If each party to the review of an original determination consents, the Principal Member may dismiss the application for review without proceeding to review the original determination or, if the Board has started to review the original determination, without completing the review.

Dismissal if applicant discontinues or withdraws application
 (2) A person who has made an application to the Board for a review of an original determination may, in writing, notify the Board that the application is withdrawn or discontinued.
 (3) If notification is so given, the Principal Member is taken to have dismissed the application without proceeding to review the original determination.

Dismissal if applicant fails to appear
 (4) If the applicant for the review of an original determination fails to appear in person, or to appear by a representative, at:
 (a) a directions hearing for the review; or
 (b) an alternative dispute resolution process held under Division 4 in relation to the application; or
 (c) the hearing of the review;
the Principal Member may dismiss the application without proceeding to review the original determination.
 (5) For the purposes of subsection (4):
 (a) a person is taken to appear in person or by a representative at an alternative dispute resolution process if the person or representative participates in it by a means allowed under section 352Z; and
 (b) a person is taken to appear in person or by a representative at a directions hearing, or the hearing of the review, if the person or representative participates in it by a means allowed under section 352K.
 (6) The Principal Member must, before exercising a power under subsection (4), be satisfied that appropriate notice was given to the applicant for the review of the time and place of the directions hearing, the alternative dispute resolution process or the hearing of the review.

Dismissal if original determination not reviewable
 (7) If:
 (a) the applicant for the review of an original determination is notified in writing by the National Registrar that the original determination does not appear to be reviewable by the Board; and
 (b) before the end of the period prescribed in an instrument under subsection (8), the person is unable to show that the original determination is so reviewable;
the Principal Member may dismiss the application without proceeding to review the original determination.
 (8) The Minister must, by legislative instrument, prescribe a period for the purposes of paragraph (7)(b).

Dismissal if applicant fails to proceed or fails to comply with Board's direction
 (9) If the applicant for the review of an original determination fails within a reasonable time:
 (a) to proceed with the application; or
 (b) to comply with a direction given