40AApplication to NTCAT by disqualified person

40A Application to NTCAT by disqualified person (1) A disqualified person may apply to NTCAT for an order revoking the declaration made under section 40 in respect of the person. (2) An application under subsection (1): (a) is a matter within NTCAT's original jurisdiction; and (b) must be made within 21 days after the day on which the notice of the declaration is given to the person under section 40(3). Associations Act 2003 29 (3) NTCAT may, at any time, extend the time allowed under subsection (2)(b) for making an application. (4) The Commissioner of Police and the Director are parties to a proceeding commenced under this section. (5) On an application under subsection (1), NTCAT must determine whether the applicant is a fit and proper person to be an officer of an incorporated association. (6) NTCAT may make its determination only on the evidence given by a party to the proceeding. (7) The Commissioner of Police cannot be compelled to give evidence in the proceeding relating to the issue of the certificate or the basis upon which the certificate was given to the Director under section 40. (8) If NTCAT is satisfied that the applicant is a fit and proper person to be an officer of an incorporated association, NTCAT must, by order, revoke the declaration. (9) If NTCAT is not satisfied that the applicant is a fit and proper person to be an officer of an incorporated association, NTCAT must dismiss the application. (10) In addition to any order made under subsection (8) or (9), NTCAT may make any consequential or ancillary orders that NTCAT considers appropriate in the circumstances.