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Date Published

Note: This information applies to oppositions commenced on or after 15 April 2013, and oppositions commenced before 15 April 2013 provided an evidentiary period commenced on or after 15 April 2013.

The former reg 5.10 continues to apply to extend an evidentiary period that commenced before 15 April 2013. (See 3.11.3 Extensions of Time – Regulation 5.10).

On receipt of a request for an extension of time, a delegate will consider the reasons provided.  

If the delegate is satisfied that the extension is appropriate, the delegate will allow a short period for the other party to comment or object to the extension.  If the other party formally opposes the extension, a hearing will be set.  The hearing will be conducted by an independent hearing officer.

If the delegate is not satisfied that there is sufficient justification for the extension of time, they can either request further information or immediately set a hearing.  If a hearing is set, the other party will have the opportunity to appear and make submissions.  If the other party objects to the extension of time and pays the appropriate fee for a hearing, the Commissioner will set a hearing.

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