Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Registrar must not exercise a discretionary power under these Regulations adversely to a person without giving that person an opportunity to be heard.
Note Section 148 of the Act provides similarly for the exercise of discretionary power under the Act.
(2) For section 148 of the Act and subregulation (1), the Registrar must give notice of the date, time and place of the hearing to the person as required under subregulation 11.23 (2).
(3) The Registrar may exercise the discretionary power if the person:
(a) gives notice to the Registrar that he or she does not wish to be heard; or
(b) does not attend the hearing; or
(c) being an applicant or a registered owner -- requests the Registrar to exercise the power without the applicant or registered owner appearing at a hearing.
(4) A request under paragraph (3) (c):
(a) must be in the approved form; and
(b) may be accompanied by written submissions.
(5) The Registrar must, in exercising the discretionary power, have regard to any written submission given to him or her under paragraph (4) (b).
(6) The Registrar must notify a person who has given notice under paragraph (3) (a) of his or her decision in relation to the exercise of the discretionary power.
Note A person who wishes to be heard will be notified under regulation 11.23.