Document ID: chunk:federal_register_of_legislation:C2004C01258:clause:1_14
Version: federal_register_of_legislation:C2004C01258
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 7334–8564

14  At the end of section 170CF
Add:

 (3) If:
 (a) the ground or one of the grounds of the application is the ground referred to in paragraph 170CE(1)(a); and
 (b) the Commission has indicated that the applicant's claim in respect of the ground so referred has no reasonable prospect of success;
the Commission must invite the applicant to provide further information in support of that ground within a period specified by the Commission.

 (4) If, in relation to an application to which subsection (3) applies:
 (a) the applicant does not provide further information regarding the applicant's claim in respect of the ground referred to in paragraph 170CE(1)(a); or
 (b) after consideration of the original application and the further material provided by the applicant in support of that ground;
the Commission concludes that the application has no reasonable prospect of success at arbitration, it must issue a certificate to that effect.

 (5) If the Commission issues a certificate under subsection (4) in respect of an applicant's claim in respect of the ground referred to in paragraph 170CE(1)(a), the application is dismissed, insofar as it relates to that ground, with effect from the date of issue of the certificate.