New South Wales Consolidated Acts

PROFESSIONAL STANDARDS ACT 1994 - SECT 15

15 Challenges to schemes

(1) A person who is or is reasonably likely to be affected by a scheme published as referred to in section 13 (including a person who is or is reasonably likely to be affected by a scheme that operates as a scheme of another jurisdiction) may apply to the Supreme Court for an order that the scheme is void for want of compliance with this Act.

(2) The Court may, on the making of the application or at any time before the scheme commences, order that the commencement of the scheme is stayed until further order of the Court.

(3) The Court, in relation to an application, may:

(a) make an order that a scheme is void for want of compliance with this Act, or

(b) decline to make such an order, or

(c) give directions as to the things that are required to be done in order that a scheme, the commencement of which is stayed under this section, may commence, or

(d) make any other order it thinks fit.

(4) The Court may not make an order that an interstate scheme is void for want of compliance with this Act on the ground that the scheme fails to comply with Division 2, but may do so on the ground that the scheme fails to comply with the provisions of the corresponding law of the jurisdiction in which it was prepared that relate to the contents of schemes prepared in that jurisdiction.

(5) This section does not prevent a scheme from being challenged or called into question otherwise than under this section.

(6) In this section, a reference to a scheme includes, in the case of an interstate scheme, a reference to an instrument amending that scheme.