(1) Section 104(1)
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(1) The Commissioner must issue a certificate to each party to an application if:
(a) in relation to the application, either:
(i) a preliminary conciliation conference has been held; or
(ii) a preliminary conciliation conference was cancelled under section 88A(1); and
(b) an inquiry has not been commenced in respect of the application; and
(c) the Commissioner is satisfied that the parties have failed to resolve the retail tenancy claim and are unlikely to do so; and
(d) the retail tenancy claim is within a court's jurisdiction mentioned in section 105.
(2) Section 104(3)
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