Document ID: chunk:federal_register_of_legislation:F2024C00262:reg:91
Version: federal_register_of_legislation:F2024C00262
Segment Type: reg
Provision Reference: reg 91
Character Range: 117646–119834

91  Reference under section 156 of the Act
 (1) A reference to the Tribunal under section 156 of the Act of a licence scheme reflecting an order of the Tribunal under section 154 or 155 of the Act so far as it relates to cases in a class must:
 (a) specify:
 (i) the date when the Tribunal last made an order with respect to the scheme that applies to the class; and
 (ii) the relevant file number for the Tribunal proceedings in which that order was made; and
 (b) specify the class; and
 (c) state whether the person referring the scheme is:
 (i) the licensor operating the scheme; or
 (ii) an organization claiming to be representative of persons requiring licences in cases included in the class; or
 (iii) a person claiming that he or she requires a licence in a case included in the class; and
 (d) if the reference arises from a dispute:
 (i) state the name of the other party to the dispute; and
 (ii) set out details of the matter in dispute; and
 (e) if leave of the Tribunal is required for the making of the reference:
 (i) if that leave has already been granted—specify the date when the Tribunal granted the leave and the relevant file number; and
 (ii) in any other case—state the grounds on which leave is sought for the making of the reference and request the Tribunal to grant leave for the making of the reference; and
 (f) request the Tribunal to make an order about the scheme as previously confirmed, varied or substituted, by confirming or varying the scheme or substituting for the scheme another scheme proposed by one of the parties, as the Tribunal considers reasonable in the circumstances.
Note: Section 92 deals with applications for leave.
 (2) If the reference is made by an organization claiming to be representative of persons requiring licences, the Tribunal must, before determining the question whether the organization is reasonably representative of the class of persons that it claims to represent, give each of the following an opportunity to present a case in relation to that question:
 (a) every other party to the reference;
 (b) every person who has applied to be made a party to the reference and whose application has not been determined.