104Certificate of failure to resolve retail tenancy claim

104 Certificate of failure to resolve retail tenancy claim (1) The Commissioner must issue a certificate to each party to an application if: (a) in relation to the application, either: (i) a preliminary conciliation conference has been held; or (ii) a preliminary conciliation conference was cancelled under section 88A(1); and (b) an inquiry has not been commenced in respect of the application; and Business Tenancies (Fair Dealings) Act 2003 66 (c) the Commissioner is satisfied that the parties have failed to resolve the retail tenancy claim and are unlikely to do so; and (d) the retail tenancy claim is within a court's jurisdiction mentioned in section 105. (2) The certificate is to be in the form prescribed by the Regulations. (4) When a certificate is issued in respect of an application, no further proceedings relating to that application are to be held under this Part but a party to the application is entitled to commence a proceeding in a court of competent jurisdiction.