Tribunal’s power to make default determination
38B Tribunal’s power to make default determination
This section does not apply to —
a failure to comply with the determination of a dispute or matter by the Tribunal; or
an order made in, or as a consequence of, the determination of a dispute or matter by the Tribunal.
The Tribunal may make a determination (a default determination) against a party to the proceedings without a hearing if the party —
does not comply with a direction, order or declaration made by the Tribunal during the course of the proceedings; or
fails to file a response within the prescribed period.
The Tribunal may, upon making a default determination, make 1 or more of the orders or declarations set out in section 47A.
The Tribunal may set aside a default determination and may do so on conditions as to the payment of costs or as to other matters.
Despite section 43, the IR Act section 49 does not apply to a decision of the Tribunal —
to refuse to make a default determination; or
to set aside a default determination.
[Section 38B inserted: No. 36 of 2022 s. 21.]
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