(1) After receipt of an application for an order under this part, other than
an application that pursuant to section 106(8) accompanied a notice of appeal
made pursuant to section 106, a referee—
(a) may require the applicant to
provide the referee with such further information in relation to the
application as, in the referee’s opinion, may assist the investigation of
the application; and
(b) may refuse to proceed with the application until a
requirement made by the referee pursuant to paragraph (a) has been complied
with; and
(c) shall give written notice of the application (setting out the
grounds specified therein) to the body corporate to which the application
relates and to any other person who, in the referee’s opinion, would be
affected if the order sought were made;
However, an applicant need not be given a notice under this paragraph; and
(d) shall, in a notice referred to in paragraph (c) , specify the order sought
and invite the body corporate and any member thereof and any other person to
whom the notice is given to make to the referee, within a time specified in
the notice, a written submission in respect of the matter to which the
application relates; and
(e) may, by further notice, allow the body corporate
and each person to whom a notice under paragraph (c) was given a longer time
within which to make a submission referred to in paragraph (d) ; and
(f) may
make such other investigations with respect to the application as the referee
thinks fit; and
(g) may enter upon any parcel to which a dispute relates for
the purpose of carrying out any investigation with respect to the application
at any reasonable time on notice given to every person who has been notified
of the application and to the body corporate.
(2) A person shall not obstruct
or hinder the referee or the referee’s delegate in the exercise of powers
under subsection (1) (g) .
