Application to court for extension of time to make submission
69C Application to court for extension of time to make submission
This section applies if—
a person applies for an extension of time under section 69B(3) (the extension application); and
the commission decides to refuse the extension application.
The commission must give the person an information notice for its decision.
Within 14 days after receiving the information notice, the person may apply to the Supreme Court to decide the extension application.
The commission must not give the commission report to a relevant person or make the public statement before—
the end of the period in which a person may apply to the Supreme Court under subsection (3); or
if an application is made under subsection (3)—the application is decided or withdrawn.
The Supreme Court must deal with an application under subsection (3) expeditiously.
The application may be heard in closed court.
The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh.
On hearing the application, the Supreme Court may—
affirm the commission’s decision; or
set aside the commission’s decision and grant an extension of time, of no more than 60 days unless there are exceptional circumstances, within which the person may make a submission to the commission on—
the draft report or extract from the draft report, or the draft statement or part of the draft statement; and
the related evidence or related evidence summary.
The Supreme Court must give reasons for the court’s decision, which may be given orally.
In this section—information notice, for a decision, means a written notice stating the following information—
the decision;
the reasons for the decision;
that the person to whom the notice is given may apply to the Supreme Court under subsection (3) in relation to the decision;
how, and the period within which, the application may be made;
the effect of subsection (4).
This Act’s bill:Explanatory memorandum
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