Document ID: chunk:federal_register_of_legislation:C2006A00158:clause:11_12:p1
Version: federal_register_of_legislation:C2006A00158
Segment Type: clause
Provision Reference: sch 11 cl 12 (pt 1/2)
Character Range: 235637–238450

12  Subsection 157(6)
Repeal the subsection, substitute:

Letting parties present their cases

 (6) The Tribunal must give the applicant, the licensor concerned and each other party (if any) to the application an opportunity of presenting their cases.

Order dealing with application under subsection (1)

 (6A) If the Tribunal is satisfied that the claim of an applicant under subsection (1) is well‑founded, the Tribunal must either:
 (a) make an order specifying, in respect of the matters specified in the order, the charges, if any, and the conditions, that the Tribunal considers to be applicable in accordance with the licence scheme in relation to the applicant; or
 (b) order that the applicant be granted a licence in the terms proposed by the applicant, the licensor concerned or another party to the application.

Order dealing with application under subsection (2) or (3)

 (6B) If the Tribunal is satisfied that the claim of an applicant under subsection (2) or (3) is well‑founded, the Tribunal must either:
 (a) make an order specifying, in respect of the matters specified in the order, the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; or
 (b) order that the applicant be granted a licence in the terms proposed by the applicant, the licensor concerned or another party to the application.

Order dealing with application under subsection (4)

 (6C) If the Tribunal is satisfied that the claim of an applicant under subsection (4) is well‑founded, the Tribunal must either:
 (a) make an order specifying, in respect of the matters specified in the order, the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to persons who:
 (i) are specified in the order (whether by reference to a class or otherwise); and
 (ii) were represented by the applicant or were parties to the application; or
 (b) order that a licence be granted, in the terms proposed by the applicant, the licensor concerned or another party to the application, to each person who:
 (i) is specified in the order (whether by reference to a class or otherwise); and
 (ii) was represented by the applicant or was a party to the application.

Note 1: The following heading to subsection 157(1) is inserted "Refusal or failure to grant licence under licence scheme".

Note 2: The following heading to subsection 157(2) is inserted "Licence scheme sets unreasonable charges or conditions for case".

Note 3: The following heading to subsection 157(3) is inserted "No licence scheme and licensor refuses or fails to grant reasonable licence".

Note 4: The following heading to subsection 157(5) is inserted "Other parties to application".

Note 5: The following heading to subsection 157(7) is