Document ID: chunk:federal_register_of_legislation:C2004A04376:body:0:p10
Version: federal_register_of_legislation:C2004A04376
Segment Type: other
Provision Reference: 
Character Range: 23408–26274

the findings of fact were based.

Review by the Administrative Appeals Tribunal

"114ZH. Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of a decision by the Board made under this Division.

"Division 4—Investigations and decision-making by the Board

Investigations

"114ZJ. The Secretary may, at the request of the Board, arrange for the making of any investigation that the Board thinks necessary in order to fulfil its functions, and to give the Board a report of that

investigation together with any material relevant to the consideration by the Board of:

  (a)     a registration application; or

  (b)     a possible disciplinary action under section 114ZE.

Board may require agent to give information

  "114ZK.(1) The Board may at any time require a registered agent:

    (a)     to make a statutory declaration in answer to questions in writing by the Board; or

    (b)     to appear before the Board, or a single member of the Board, and to answer questions; or

    (c)     to provide the Board with specified documents or records relevant to the agent's continued registration.

"(2) A single member of the Board before whom a registered agent appears to answer questions must record the questions and answers and provide them to the Board.

Persons may make submissions

"114ZL.(1) If the Board is considering refusing a registration application, the Board must inform the applicant of that fact and the reasons for it and invite the applicant to make a further submission in support of his or her application.

"(2) If the Board is considering the cancellation or suspension of a registered agent's registration, or the cautioning of the agent, it must inform the agent of that fact and the reasons for it and invite the agent to make a submission on the matter.

  "(3) In this section:

'submission' means:

  (a)     a statutory declaration; or

  (b)     a written argument.

Persons may appear before Board

"114ZM.(1) This section applies where the Board has invited a submission on a matter under section 114ZL.

"(2) If the Board does not receive a submission, it may decide the matter on the information before it.

  "(3) If the Board receives a submission, it may:

  (a)     decide the matter; or

    (b)    give the person who made the submission the opportunity to appear before it and then decide the matter.

Board not bound by legal forms etc.

"114ZN. The Board, in considering a registration application or a possible disciplinary action under section 114ZE:

    (a)     is not bound by technicalities, legal forms or rules of evidence; and

    (b)     must act according to substantial justice and the merits of the case.

"Division 5—Obligations of registered agents

Notification obligations

"114ZP.(1) A registered agent must notify the