(2) The applicant must give the chief
executive information and documents in the applicant’s possession to
identify the details of the notice applied for.
(3) If the applicant and the
person identified, or proposed to be identified, as the holder of the
lease entitlement under the replacement notice are not the same person, the
applicant must include with the application information to satisfy the chief
executive that it is reasonable in the circumstances for the applicant to be
making the application.
(4) The chief executive may ask the applicant to
provide further information to support the application within a stated
reasonable period.
(5) The chief executive must decide the application, and
advise the applicant of the decision, within—
(a) 6 months after the
application was made; or
(b) 6 months after the application was made together
with any time the chief executive reasonably requires to deal with additional
information given by the applicant.
(6) The chief executive may decide the
application if the applicant does not provide additional information within
the stated period.
(7) If the chief executive decides to grant the
application, it is not necessary for the decision to provide for a replacement
lease entitlement notice that is consistent in every respect with the details
included in the application.
(8) However, the chief executive must be
satisfied about the existence of the lease entitlement as identified in the
replacement lease entitlement notice as proposed by the chief executive.
(9)
If the chief executive grants the application, the chief executive must
publish a lease entitlement notice on the department’s website to replace
the existing lease entitlement notice.
(10) If the chief executive refuses
the application, or if the application is granted but the chief executive’s
decision provides for a replacement notice inconsistent with the application,
the chief executive must give a notice to the applicant advising of the
decision and include the chief executive’s reasons for the decision.
(11)
If, under this section, the chief executive decides to publish a replacement
lease entitlement notice, the chief executive must give a copy of the
replacement lease entitlement notice, and the chief executive’s reasons for
the decision, to—
(b) any person the
chief executive reasonably considers to be an affected person for the
decision, including, for example, a person named in the lease entitlement
notice proposed to be replaced.
