Court Proceedings (Delays) Act 2024

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Provision of further information to Assessor and deferment and discontinuation of assessment

15. (1) For the purposes of his or her examination of an assessment application, an Assessor may by notice in writing request the applicant to, within the period specified in the notice—

(a) clarify in writing any information or document submitted with, or

(b) provide further information in writing or documents relevant to,

the assessment application concerned.

(2) The period specified in a notice under subsection (1) may be extended by the Assessor.

(3) Where an applicant fails to comply with a request under subsection (1) within the time period specified in the notice under that subsection or as extended under subsection (2), the Assessor may, if he or she considers it necessary and appropriate to do so—

(a) defer further examination by him or her of the assessment application unless and until the applicant complies with the request concerned, and

(b) send the applicant a notice in writing—

(i) informing him or her of the deferral,

(ii) requiring him or her to provide, within such period as is specified in the notice, the clarification, information or document to which the request relates, and

(iii) informing him or her of the effect of subsections (4), (5) and (6).

(4) An applicant shall comply with a requirement under subsection (3)(b)(ii).

(5) Where an Assessor defers under subsection (3)(a) his or her further examination of an assessment application, he or she shall resume examination of the application only where he or she is satisfied that—

(a) the applicant has complied with the requirement under subsection (3)(b)(ii), or

(b) he or she is able to make an assessment without compliance by the applicant with the requirement.

(6) Where—

(a) the applicant has failed, without reasonable cause, to comply with the requirement under subsection (3)(b)(ii), and

(b) the Assessor is of the opinion that he or she is unable to make an assessment without compliance by the applicant with the requirement,

the Assessor shall—

(i) discontinue his or her examination of the assessment application concerned,

(ii) not make a declaration, determination or assessment under section 17 ,

(iii) not issue an authorisation under section 20 , and

(iv) not later than 10 working days after the discontinuing under subparagraph (i) of his or her examination of the assessment application, notify the applicant concerned and the Minister in writing of the discontinuance and the reasons therefor.

(7) Where an Assessor has, in accordance with subsection (6)(i), discontinued his or her examination of an assessment application (in this subsection referred to as the “first assessment application”), the applicant concerned shall not be entitled to make a further assessment application in respect of the alleged breach of the right under section 11 (1) to which the first assessment application relates.

(8) The information or documents referred to in this section and section 16 may include information or documents that came into existence, or into the possession of the person from whom the information or documents are requested or required, before the date of the coming into operation of this subsection.