Document ID: chunk:federal_register_of_legislation:C2004A00662:clause:1_3:p19
Version: federal_register_of_legislation:C2004A00662
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 19/20)
Character Range: 48959–51771

or tools of trade, needed to perform the work; and
 (c) for the entity to be liable for the cost of rectifying any defect in the work performed;
as the case requires.

 (7) Subsection (5) can apply whether or not the Commissioner is satisfied that the*personal services entity and the individual meet the requirements of paragraphs (3)(a) and (b).

87‑70  Applying etc. for personal services business determinations

 (1) An individual or a *personal services entity may apply to the Commissioner, in the *approved form:
 (a) for a *personal services business determination; or
 (b) for a variation of a personal services business determination.

 (2) The Commissioner may request the applicant to give the Commissioner specified information, or a specified document, that the Commissioner needs to decide the application.

 (3) If the Commissioner has not decided the application within 60 days after it is made, the applicant may, at any time, give the Commissioner written notice that the applicant wishes to treat the application as having been refused.

 (4) If the applicant gives notice under subsection (3), the Commissioner is taken, for the purposes of section 87‑85, to have refused the application on the day on which the notice is given.

 (5) For the purposes of measuring the 60 days mentioned in subsection (3), disregard each period (if any):
 (a) starting on the day when the Commissioner requests the applicant under subsection (2) to give the Commissioner specified information or a specified document; and
 (b) ending at the end of the day the applicant gives the Commissioner the specified information or document.

87‑75  When personal services business determinations have effect

 (1) The determination, or a variation of the determination, has effect, or is taken to have had effect, on and from:
 (a) the day specified in the notice as the day on which the determination or variation takes effect, or took effect; or
 (b) if a day is not specified—the day on which the notice is given.

 (2) The determination ceases to have effect at the end of the earliest day on which one or more of these occurs:
 (a) one or more conditions to which the determination is subject are not met;
 (b) the Commissioner revokes the determination;
 (c) the period for which the determination has effect comes to an end.

87‑80  Revoking personal services business determinations

  The Commissioner must, by giving written notice to the individual or *personal services entity on whose application a *personal services business determination was made, revoke the determination if the Commissioner is no longer satisfied that there are grounds on which the determination could be made.

87‑85  Review of decisions

  A person who is dissatisfied with;
 (a) a decision of the Commissioner to make, vary