Document ID: chunk:federal_register_of_legislation:C2012A00042:clause:1_40
Version: federal_register_of_legislation:C2012A00042
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 32789–34247

40  Interested person may apply for determination
 (1) Subject to subsection (5), an interested person in relation to a building project (or 2 or more such interested persons acting jointly) may apply in writing to the Independent Assessor for a determination that section 45 does not apply in relation to the building project.
Note: Section 45 provides for the Director to make an application to a nominated AAT presidential member for the issue of an examination notice in relation to a person in respect of an investigation.
 (2) An application under subsection (1) must:
 (a) state the grounds on which the application is made; and
 (b) if a form is prescribed by the regulations—be in that form; and
 (c) include any other information prescribed by the regulations.
 (3) An application under subsection (1) may relate to more than one building project.
 (4) An application under subsection (1) may be made at any time:
 (a) before or after the relevant building project has commenced; or
 (b) after the relevant building project is completed.
 (5) If an interested person has made an application (the original application) under subsection (1) in relation to a building project, the interested person may not make a further application under that subsection, in relation to the same building project and on the same grounds as the original application, unless the interested person becomes aware of new information in relation to the building project.