39—Application may be made by Commissioner
(1) The Commissioner
may apply to the registrar for the registration of a corresponding
declaration.
(2) An application for
registration—
(a) must
be made in the prescribed manner; and
(b) must
be accompanied by a copy of the corresponding declaration to be registered.
(3) An application for
registration of a corresponding declaration does not need to be served on the
respondent.
(4) An application for
registration of a corresponding declaration cannot be made under this Division
if any of the following apply to the declaration:
(a) the
declaration is no longer in force;
(b) the
law of the jurisdiction in which the declaration was made specifies
requirements as to publication of the declaration or service of the
declaration that have not been complied with (or are not, in accordance with
that law, taken to have been complied with);
(c) the
law of the jurisdiction in which the declaration was made specifies a period
within which the respondent may appeal against the declaration, and that
period has not expired;
(d) the
determination of an application by the respondent for permission to appeal
against the declaration (whether made before or after any appeal period has
expired) is pending;
(e) the
determination of an appeal by the respondent against the declaration is
pending;
(f) the
application is of a kind, or is made in circumstances, prescribed by the
regulations for the purposes of this provision.