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Residential Tenancies Act 1997
104Commissioner must decide application
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104 Commissioner must decide application
(1) Within 30 days after the day the application is received, the
commissioner for fair trading must—
(a) register the standard guarantee contract; or
(b) register the standard guarantee contract subject to conditions; or
(c) refuse to register the standard guarantee contract.
Note Failure to decide the application within the required time is taken to be a
decision not to register the applicant (see ACT Civil and Administrative
Tribunal Act 2008, s 12).
(2) Before making a decision under subsection (1), the commissioner
may ask an applicant to give the commissioner, within a stated time,
information about the applicant or about the standard guarantee
contract, that the commissioner reasonably needs to decide the
application.
(3) If the applicant does not give the commissioner the information
requested under subsection (2), the commissioner may refuse to
register the standard guarantee contract.
(4) If the commissioner refuses to register the standard guarantee
contract, or registers the standard guarantee contract subject to
conditions, the applicant may apply to the ACAT for a review of the
decision.
Note The commissioner for fair trading must take reasonable steps to give a
reviewable decision notice to any person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008,
s 67A).
Registration of standard guarantee contract for commercial guarantee Part 8