Document ID: chunk:federal_register_of_legislation:C2025A00017:clause:3_353c:p2
Version: federal_register_of_legislation:C2025A00017
Segment Type: clause
Provision Reference: sch 3 cl 353C (pt 2/2)
Character Range: 226991–228134

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 to the applicant under this Part or Chapter 8A in relation to the application;
the Principal Member may dismiss the application without proceeding to review the original determination.

Notice requirements
 (10) If the Principal Member dismisses an application under subsection (4), (7) or (9), the Principal Member must:
 (a) notify each party to the review of the dismissal; and
 (b) the notice must include a statement to the effect that, if the person is dissatisfied with the decision:
 (i) application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Tribunal under Part 5 of this Chapter for review of the decision; and
 (ii) except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the person may request a statement under section 28 of that Act.
 (11) A failure to comply with paragraph (10)(b) does not affect the validity of the decision.