4.3.1 Notice of intention to reject entry of memorandum

Section 176 of the Act states:

The Commissioner must not exercise any of the Commissioner’s discretionary or other powers under this Act or any regulations made under this Act adversely to any person without (if required to do so within the prescribed time) giving the person an opportunity of being heard.

In light of section 176 of the Act, where the Commissioner proposes to reject the entry, alteration or removal of a memorandum on the register, the applicant will be sent a Notice of Intention to Reject Entry, Alteration or Removal of Memorandum, advising that the application will be rejected and giving the applicant an opportunity to be heard. The Notice will state the grounds on which the Commissioner proposes to reject the application.

A time limit will be stipulated, being not less than one month from the date of the Notice, in which the applicant must indicate that it wishes to be heard before the Commissioner exercises his power to reject the application. The applicant will be advised that the application will be rejected at the end of that period if the applicant has not required a hearing.