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Date Published

If an applicant does not propose amendments to address the defects in an application within the time allowed and without good reason, the Commissioner will initiate action to refuse the application.

Wherever possible, the original hearing officer should deal with the matter. Before formally refusing the application, the applicant must have an opportunity to be heard. Any such hearing will be restricted to matters of why the amendments have not been proposed in the time allowed. Arguments to the effect that the original decision was wrong are inadmissible (see Ex parte Mole Engineering Pty Ltd [1981] HCA 25).

If a hearing is held, the opponent will be invited to attend.

Note: If the Commissioner refuses an application, the Commissioner becomes functus officio at the time the decision to refuse becomes operative, and any pending amendment requests are res nullae (see Kyowa's Application [1969] FSR 183).

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