Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_41
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 34247–35849

41  Consideration of application for determination

Opportunity for Director to make submissions in relation to application
 (1) If the Independent Assessor receives an application for a determination from an interested person (the applicant) under section 40, the Independent Assessor must:
 (a) as soon as practicable after receiving the application, give the Director a copy of the application; and
 (b) give the Director a reasonable opportunity to make submissions in relation to the application.

Independent Assessor may request further information
 (2) The Independent Assessor may request the applicant or the Director to give the Independent Assessor further information in relation to the application.
 (3) If a request for further information is made under subsection (2), the applicant or the Director (as the case requires) must give the further information to the Independent Assessor:
 (a) as soon as practicable after receiving the request; and
 (b) if the request specifies that the information must be given in writing—in writing.

Decision by Independent Assessor
 (4) The Independent Assessor must decide whether or not to make the determination. In making the decision, the Independent Assessor must have regard to:
 (a) the application and any further information given to the Independent Assessor under subsection (3); and
 (b) any submissions made by the Director.
 (5) As soon as practicable after the Independent Assessor makes a decision under subsection (4), the Independent Assessor must give written notice of the decision to:
 (a) the applicant; and
 (b) the Director.