Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 104

    (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 1     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).

Note 2     The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008

.