65HIssue of notices where applications made to Tribunal

### 65H Issue of notices where applications made to Tribunal > [*\[Section 65H of Part 4 Inserted by No. 59 of 2013, s. 33, Applied:01 Feb 2015\]*](/view/html/inforce/2015-02-01/act-2013-059#GS33@EN) > > > (1)  If an application is made under [section 64](#GS64@EN) in relation to a contravention of, or failure to comply with, a provision of this Part, or a likely contravention of, or likely failure to comply with, a provision of this Part, a notice under this Division may not be issued and served on a person in relation to the contravention or failure until the application is determined by the Appeal Tribunal. > > > (2)  If – > > > > > > (a) an application is made under [section 64](#GS64@EN) in relation to a contravention of, or failure to comply with, a provision of this Part, or a likely contravention of, or likely failure to comply with, a provision of this Part; and > > > > > > > (b) the Appeal Tribunal makes an order in relation to the contravention or failure – > > > > a notice under this Division may not be issued and served on a person in relation to the contravention or failure unless a person contravenes, or fails to comply with, the order. > > > (3)  If the Appeal Tribunal has determined, on an application under [section 64](#GS64@EN) , that a contravention of, or failure to comply with, a provision of this Part, or a likely contravention of, or likely failure to comply with, a provision of this Part, has not occurred, a notice under this Division may not be issued and served on a person in relation to the contravention or failure. > > > (4)  If an appeal is made to the Appeal Tribunal under [section 61](#GS61@EN) in relation to a decision to issue to a person an enforcement notice under [section 65C](#GS65C@EN) in relation to a contravention of, or failure to comply with, a provision of this Part, a notice under this Division may not be issued and served on the person in relation to the contravention or failure until the appeal is determined.