55Advice or directions concerning provisions of this Part

#### 55 Advice or directions concerning provisions of this Part 55 Advice or directions concerning provisions of this Part > > (1) A liable entity or the SPF trustee may apply for advice or direction by the Supreme Court or the Minister on any matter relating to— > > > > > (a) the scope of the entity’s or trustee’s functions under this Part, or > > > > > (b) the exercise of any function by the entity or trustee under this Part, or > > > > > (c) any other matter relating to the operation of this Part. > > > (2) The Minister may apply for advice or direction by the Supreme Court on any matter relating to— > > > > > (a) the scope of the Minister’s, the SPF trustee’s or a liable entity’s functions under this Part, or > > > > > (b) the exercise of any function by the Minister, the SPF trustee or a liable entity under this Part, or > > > > > (c) any other matter relating to the operation of this Part. > > > (3) Without limiting subsection (1) or (2), an application may be made with respect to any of the following— > > > > > (a) the giving of, or failure to give, a direction to a liable entity under section 24, > > > > > (b) the failure or refusal of the Minister to grant approval to the SPF trustee to make an application to the Supreme Court under section 35, > > > > > (c) the issuing of a rationing direction by the SPF trustee under section 35, > > > > > (d) an application, or failure to make an application, to the Supreme Court for an order under section 35, > > > > > (e) the exercise, or failure to exercise, any function conferred on the SPF trustee under Division 8, > > > > > (f) the failure or refusal of the Minister to grant written consent to the SPF trustee to make an application to the Supreme Court under section 52. > > > (4) A written statement signed by the applicant is sufficient evidence of the matters set out in it. > > > (5) Unless the rules of court otherwise provide or the Supreme Court otherwise directs, it is not (except as provided by section 57) necessary to serve notice of an application under this section to the Supreme Court on any person, or to adduce evidence by affidavit or otherwise in support of the application. > > > (6) In determining any such application, the Supreme Court or Minister (as the case may be) may decide to— > > > > > (a) approve or disapprove of any act proposed to be done by the applicant, or > > > > > (b) give such advice or direction as the Supreme Court or Minister considers appropriate. > > > (7) An advice or direction given by the Supreme Court under this section is to be given by order. > > > > Note— > > > > Section 101 (Appeal in proceedings before the Court) of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) provides for appeals to the Court of Appeal from judgments or orders of the Supreme Court in a Division. > > > (8) Without limiting subsections (6) and (7), if an application is made under this section to the Supreme Court in respect of the issuing of a rationing direction under section 35, the Supreme Court may make an order setting aside that direction if it is satisfied that the direction should not have been given or is no longer required. > > > (9) An advice or direction given by the Minister under this section is to be given by order in writing. > > > (10) No proceedings lie, or civil or other liability arises, against an applicant for or on account of any act, matter or thing done or omitted to be done by the applicant in good faith and in accordance with any approval, advice or direction given under this section. > > > (11) In this section— > > > > applicant means a person who applies for advice or direction under this section.