Chapter 5BRequirements for particular applications and nominations#

162Definitions for chapter#

In this chapter—

application

means an application made under section 77(1)(a) or (2)(b), 77A(1)(a)(ii), 79F, 91G or 91P.

information

includes a document.

nomination

means a nomination made under section 91L.

163Chief executive may publish a notice about applications or nominations#

The chief executive may, by publishing a notice on the department’s website—

1. (a)approve a way in which an application or nomination may be made; or
2. (b)require stated information to be given in or with an application or nomination.

A notice under subsection (1)(a) may include requirements for making an application or nomination in the approved way.

A notice under subsection (1)(b) may only require information that is reasonably necessary for—

1. (a)the chief executive to decide the application or consider the nomination; or
2. (b)another purpose related to the application, the thing being applied for or the nomination.

This section applies whether or not there is an approved form for making the application or nomination.

163AHow applications and nominations must be made#

An application or nomination must be made—

1. (a)if there is an approved form for the application or nomination—in that form; or
2. (b)if there is an approved way for making the application or nomination under section 163(1)(a)—in that way; or
3. (c)otherwise—in writing.

An application or nomination must include any information required under section 163(1)(b).

Subsection (2) does not limit another provision of this Act that requires an application or nomination to include, or be accompanied by, particular information.

163BChief executive may request further information from applicants#

The chief executive may give a person making an application a written notice asking for further information the chief executive reasonably needs to decide the application.

The notice—

1. (a)must state—
2. (i)the information required; and
3. (ii)the time, no earlier than 28 days after the notice is given, by which the information must be given; and
4. (iii)that, if the applicant does not comply with the notice, the chief executive may cancel the application; and
5. (b)may state a way in which the information must be given.

If the notice does not state a way in which the information must be given, the information must be given in writing.

If the applicant does not comply with the notice, the chief executive may give the applicant a further notice cancelling the application.

A notice cancelling the application—

1. (a)has effect on the day it is given to the applicant or a later day stated in it; and
2. (b)if it is given in relation to an application under section 91P, must state—
3. (i)the reasons for the decision to cancel the application; and
4. (ii)the prescribed review information for the decision.