Tasmanian Numbered Acts

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RETAIL LEASES ACT 2022 (NO. 39 OF 2022) - SECT 77

Director to give notice of mediation
(1)  As soon as practicable after an application for mediation is made to the Director under section 76(1) , the Director must –
(a) accept the application; or
(b) refuse to accept the application.
(2)  If the Director accepts an application for mediation under subsection (1)(a) , the Director must, as soon as practicable after that application is accepted –
(a) nominate a mediator to mediate the retail tenancy dispute; and
(b) give written notice to the parties to the retail tenancy dispute setting out –
(i) the mediator nominated to mediate the dispute; and
(ii) the time, date and place of the mediation conference to be conducted by the mediator; and
(iii) a brief description of the nature of the application.
(3)  A mediation conference date must be at least 7 days after the written notice is given in accordance with subsection (2)(b) .
(4)  The Director may refuse to accept an application under subsection (1)(b) only if the Director is satisfied that –
(a) the party to the retail lease that is making the application has not reasonably attempted to resolve the retail tenancy dispute; or
(b) the application does not contain relevant grounds for the retail tenancy dispute; or
(c) the application is frivolous or vexatious.
(5)  A person who is aggrieved by a decision made by the Director under subsection (4) may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.



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