Document ID: chunk:federal_register_of_legislation:C2007C00533:clause:5_11:p3
Version: federal_register_of_legislation:C2007C00533
Segment Type: clause
Provision Reference: sch 5 cl 11 (pt 3/4)
Character Range: 592926–595475

the application:
 (i) contain or be accompanied by certain information or other things; or
 (ii) be certified or have other things done in relation to it;
  also allowed the information or other things to be provided, or the certification or other things to be done, by the applicant or another person after the application is made; and
 (c) for the purposes of paragraphs (a) and (b) of this subitem, advise the applicant that the Registrar is considering the claim, and allow the applicant a reasonable opportunity to provide any further information or other things, or to have any things done, in relation to the application.

Removal of claim from Register if it fails test in section 190A of the new Act

(9) If the claim does not satisfy all of the conditions in sections 190B and 190C of the new Act:
 (a) the Registrar must remove the details of the claim from the Register and give written notice as required by subsection 190D(1); and
 (b) the other provisions of sections 190A to 190D apply as if the notice mentioned in paragraph (a) were given under subsection 190D(1); and
 (c) after the Registrar has complied with subitems (3) to (8) and this subitem (in so far as they are applicable), he or she is taken to have complied with section 190A.

Removal of claim from Register if it fails new State/Territory test

(10) If:
 (a) a law of a State or Territory that deals with notifying the Registrar of claims for the purposes of paragraph 190(1)(c) of the old Act is amended so as to impose conditions for registration of claims equivalent to those set out in sections 190B and 190C of the new Act; and
 (b) a recognised State/Territory body of the State or Territory notifies the Registrar that a specified claim, of which details are on the Register when the amendment commences, does not satisfy the new conditions in the law of the State or Territory;
the Registrar must remove the details of the claim from the Register.

Consequences of removal of claim—pre‑27 June 1996 cases

(11) If:
 (a) the application was made before 27 June 1996; and
 (b) under subitem (9) or (10), the Registrar removes the details of the claim from the Register;
then the new "right to negotiate" provisions (including as modified by Part 2 of this Schedule) or the old "right to negotiate" provisions, as the case requires, apply in relation to any act of which notice was given under section 29 of the old Act, or a provision of a law of a State or Territory that is equivalent to that section, as if the details of the claim had not been removed from