Australian Capital Territory Repealed Acts

This legislation has been repealed.

TENANCY TRIBUNAL ACT 1994 NO 64 (REPEALED) - SECT 13

    (1)         If a dispute is referred to the registrar in accordance with section 12, the registrar shall consider whether it is a relevant dispute.

    (2)         Before making a decision as to whether there is a relevant dispute, the registrar shall give each party identified in the referral a notice about the reference under section 12, including—

        (a)     details of the dispute; and

        (b)     an invitation to the party to make a written submission about whether the dispute is a relevant dispute to the registrar within 7 days of receiving the notice.

    (3)         The registrar shall determine whether a relevant dispute exists in the way the registrar considers appropriate, in consideration of any submission made under the invitation mentioned in subsection (2) (b).

    (4)         If the registrar is not satisfied that there is a relevant dispute, he or she shall—

        (a)     take no further action in relation to the dispute; and

        (b)     give the parties to the dispute a review statement about the decision to take no further action.

    (5)         If the registrar is satisfied that a relevant dispute is frivolous or vexatious, or has not been referred in good faith, he or she shall—

        (a)     take no further action in relation to the dispute; and

        (b)     give the person who referred the dispute a review statement about the decision to take no further action.

    (6)         If the registrar is satisfied that there is a relevant dispute other than a dispute referred to in subsection (5), he or she shall—

        (a)     unless the code requires the dispute to be referred to the tribunal, or the registrar is satisfied that there is no reasonable likelihood of the dispute being resolved by mediation—

              (i)     refer the dispute to an approved mediator under section 14; or

              (ii)     hear the dispute under part 5; or

        (b)     refer the dispute to the tribunal under section 15.

    (7)         If the registrar refers a dispute to an approved mediator, he or she shall give written notice of the referral to the mediator specifying the time within which the mediator is to provide the registrar with a mediation report.

    (8)         In this section:

"relevant dispute" means a dispute to which this Act applies, arising out of conduct occurring, or the entry into, variation, renewal or extension under an option of a lease, within 6 years before the date of referral of the dispute to the registrar.