Document ID: chunk:federal_register_of_legislation:C2024C00517:section:22
Version: federal_register_of_legislation:C2024C00517
Segment Type: section
Provision Reference: s 22
Character Range: 33662–35793

22  Rectification of Registry

Application for rectification by aggrieved person
 (1) If a person is aggrieved by any of the following:
 (a) the omission of an entry from the Registry;
 (b) an entry made in the Registry without sufficient cause;
 (c) an entry wrongly existing in the Registry;
 (d) an error or defect in an entry in the Registry;
 (e) an entry wrongly removed from the Registry;
the person may apply to the Federal Court for the rectification of the Registry.

Application for rectification by the Regulator
 (2) If the Regulator is concerned about any of the following:
 (a) the omission of an entry from the Registry;
 (b) an entry made in the Registry without sufficient cause;
 (c) an entry wrongly existing in the Registry;
 (d) an error or defect in an entry in the Registry;
 (e) an entry wrongly removed from the Registry;
the Regulator may apply to the Federal Court for the rectification of the Registry.

Court orders
 (3) If an application is made under subsection (1) or (2) to the Federal Court for the rectification of the Registry, the court may make such order as it thinks fit directing the rectification of the Registry.
 (4) An order made by the court must not be expressed to take effect before the order is made.
 (4A) The court must not make an order that is contrary to:
 (a) regulations made for the purposes of section 32A of this Act; or
 (aa) section 48A of this Act; or
 (b) section 150A of the Carbon Credits (Carbon Farming Initiative) Act 2011.
 (5) In proceedings under this section, the court may decide any question that it is necessary or expedient to decide in connection with the rectification of the Registry.

Appearance of Regulator
 (6) Notice of an application under subsection (1) must be given to the Regulator, whose representative:
 (a) may appear and be heard; and
 (b) must appear if so directed by the court.

Copy of order to be given to Regulator
 (7) An office copy of an order made by the court may be given to the Regulator.

Compliance with order
 (8) The Regulator must, on receipt of the order, rectify the Registry accordingly.

Division 7—Miscellaneous