Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:92
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 92
Character Range: 119834–122062

92  Application for leave under subsection 156(2) of the Act to refer licence scheme to the Tribunal
 (1) This section applies if a person:
 (a) wants the leave of the Tribunal under subsection 156(2) of the Act to refer to the Tribunal under subsection 156(1) of the Act a licence scheme reflecting an order of the Tribunal under section 154 or 155 of the Act so far as it relates to cases in a class; and
 (b) wants the leave granted before the preliminary hearing or the hearing of the reference.
 (2) The person must make an application to the Tribunal that:
 (a) describes the general nature of the scheme as previously confirmed, varied or substituted by the Tribunal; and
 (b) specifies the class of cases in relation to which the applicant wishes to refer the scheme to the Tribunal; and
 (c) specifies:
 (i) the date when the Tribunal last made an order with respect to the scheme in relation to that class of cases; and
 (ii) the relevant file number; and
 (d) if the proposed reference arises from a dispute:
 (i) states the name of the other party to the dispute; and
 (ii) sets out details of the matter in dispute; and
 (e) states the grounds on which leave is sought for the making of the reference; and
 (f) requests the Tribunal to grant leave to the applicant to refer the scheme to the Tribunal in so far as it relates to that class of cases.
 (3) The parties to the application are:
 (a) the applicant; and
 (b) if the application is not made by the licensor operating the scheme—that licensor; and
 (c) such other persons (if any) as apply to the Tribunal to be made parties to the application and are made parties to the application under subsection (4).
 (4) The Tribunal may make a person party to the application if the person:
 (a) applies to the Tribunal to be made a party to the application; and
 (b) appears to the Tribunal to have a substantial interest in the operation of the scheme so far as it relates to the class of cases specified in the application.
 (5) The Tribunal must:
 (a) consider the application; and
 (b) give the parties to the application an opportunity to present their cases; and
 (c) make such order, either granting or refusing the application, as the Tribunal thinks fit.