32AReview of current market rent determinations

32A Review of current market rent determinations

32A Review of current market rent determinations

(1) Application for review A party to a lease may apply to the Registrar for the appointment of two specialist retail valuers to conduct a review of a determination of the current market rent made by a specialist retail valuer made under section 31.

(2) The application for a review must be made within 21 days after the party first received a copy of the determination.

Note.

Subsection (13) provides another opportunity to make an application for a review if the decision on the review is set aside.

(3) Review by and decision of valuers The specialist retail valuers may conduct the review and may jointly—

(a) affirm the reviewed determination, or

(b) vary the reviewed determination.

(4) Sections 31 and 31A apply (with any necessary adaptations) to and in respect of the specialist retail valuers in the same way as those provisions apply to and in respect of the original specialist retail valuer.

(5) Without limiting subsection (4), the specialist retail valuers jointly and severally have the powers and obligations of the original specialist retail valuer in connection with obtaining information under the provisions referred to in that subsection.

(6) The specialist retail valuers are to conduct the review and reach their decision not later than one month after they are notified of their appointment.

(7) If the specialist retail valuers are unable to agree by the end of the month referred to in subsection (6), the valuers are taken to have decided to affirm the determination.

(8) Access to original determination and information It is the duty of the specialist retail valuer (the original valuer) who made the original determination, and of each party to the lease, to ensure that the specialist retail valuers reviewing the determination are given access to—

(a) the original determination, and

(b) information relating to the matters, specified in the original determination, to which the original valuer had regard to in making the original determination, to the extent that the information is available to the original valuer or party,

unless the specialist retail valuers indicate that they do not require access to the determination or information to be given to them under this subsection.