sec.302

sec.302 Applying for section 79E variation orders

An application for a section 79E variation order must be— made in the approved form; and accompanied by— an affidavit made by the applicant outlining why the variation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application. Without limiting subsection (1) (b) (ii) , if the reason for the application is the applicant has changed employer, the application must be accompanied by an affidavit made by the applicant’s new employer confirming the applicant— is currently employed by the new employer; and would be deprived of the applicant’s means of earning a living if the application were refused. Subsection (1) (b) does not prevent the applicant from giving or producing further evidence at the hearing of the application. The applicant must give the commissioner a copy of the application, including the affidavits and the information or details accompanying the application— if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or otherwise—as soon as practicable but at least 3 days before the day of the hearing. (sec.302-ssec.1) An application for a section 79E variation order must be— made in the approved form; and accompanied by— an affidavit made by the applicant outlining why the variation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application. (sec.302-ssec.2) Without limiting subsection (1) (b) (ii) , if the reason for the application is the applicant has changed employer, the application must be accompanied by an affidavit made by the applicant’s new employer confirming the applicant— is currently employed by the new employer; and would be deprived of the applicant’s means of earning a living if the application were refused. (sec.302-ssec.3) Subsection (1) (b) does not prevent the applicant from giving or producing further evidence at the hearing of the application. (sec.302-ssec.4) The applicant must give the commissioner a copy of the application, including the affidavits and the information or details accompanying the application— if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or otherwise—as soon as practicable but at least 3 days before the day of the hearing.

• (a) made in the approved form; and
• (b) accompanied by— (i) an affidavit made by the applicant outlining why the variation mentioned in the application is necessary; and (ii) the information, or details of the information, the applicant intends to rely on for the application.
• (i) an affidavit made by the applicant outlining why the variation mentioned in the application is necessary; and
• (ii) the information, or details of the information, the applicant intends to rely on for the application.
• (i) an affidavit made by the applicant outlining why the variation mentioned in the application is necessary; and
• (ii) the information, or details of the information, the applicant intends to rely on for the application.
• (a) is currently employed by the new employer; and
• (b) would be deprived of the applicant’s means of earning a living if the application were refused.
• (a) if the day of the hearing is within 4 days after the day the application is made—as soon as practicable but before the day of the hearing; or
• (b) otherwise—as soon as practicable but at least 3 days before the day of the hearing.