Division 4 — Application and procedure for determination
Application for determination
20.—(1)  An application to appoint a rental waiver assessor to make any of the determinations mentioned in section 95(3) or (5) of the Act in relation to a prescribed property must be —
(a)made to the Registrar —
(i)where the applicant is a landlord of the property — within 14 calendar days after the applicant is served a copy of the notice of rental waiver and the PTO’s supporting documents under section 93 of the Act, or (where those documents are served on the applicant on different dates) within 14 calendar days after the latest of those dates;
(ii)where the applicant is a PTO of the property — within 14 calendar days after the applicant serves a copy of the notice of rental waiver and the PTO’s supporting documents on the applicant’s landlord under section 93 of the Act, or (where the applicant serves those documents on the applicant’s landlord on different dates) within 14 calendar days after the latest of those dates; or
(iii)where the applicant is a tenant of the property (other than a PTO of the property) — within 14 calendar days after the applicant is served a copy of the notice of rental waiver and the PTO’s supporting documents under section 93 of the Act, or (where those documents are served on the applicant on different dates) within 14 calendar days after the latest of those dates;
(b)in Form 1W (where the application is for a determination mentioned in section 95(3) of the Act) or Form 1AW (where the application is for a determination mentioned in section 95(5) of the Act); and
(c)accompanied by the documents and information specified in the Registrar’s directives.
(2)  In the case of an application for a determination mentioned in section 95(3)(c) of the Act in relation to a prescribed property with more than one owner, every owner who is beneficially entitled to the rental income (or part of the income) derived from the prescribed property during the period within the relevant period that the prescribed property is leased or licensed must —
(a)make an application for such determination; and
(b)provide a statutory declaration identifying all the owners of the property who are beneficially entitled to such rental income (or part of the income).
(3)  An application to appoint a rental waiver assessor to make the determination mentioned in section 100(3) of the Act in relation to a prescribed property must be —
(a)made to the Registrar before 6 December 2021;
(b)in Form 1W; and
(c)accompanied by the documents and information specified in the Registrar’s directives.
(4)  If the Registrar is satisfied that the application mentioned in paragraph (1) or (3) is in order, the Registrar must send to the applicant an acknowledgement of receipt of the application (called in this regulation and regulations 21 and 23 the Registrar’s acknowledgement).
(5)  The applicant for an application mentioned in paragraph (1) must, within 5 calendar days after receipt of the Registrar’s acknowledgement for the application, serve a copy of the application and the Registrar’s acknowledgement (called in this paragraph the documents) on every person mentioned in section 95(7) of the Act —
(a)by sending the documents to that person at that person’s last email address;
(b)if the applicant is for any reason unable to send the documents in the manner described in sub‑paragraph (a) — by sending the documents by prepaid registered post to that person’s last postal address; or
(c)if —
(i)the applicant is for any reason unable to send the documents in the manner described in sub‑paragraphs (a) and (b) to that person;
(ii)that person has an account for the use of an internet‑based messaging service; and
(iii)that service provides a mechanism for that person to receive electronic communications in that account,
by sending an electronic communication of the documents to that person using that mechanism.
(6)  In paragraph (5) —
(a)the last email address of a person is an email address by which the applicant corresponds with that person or (if there is no such email address) an email address which that person represents to the applicant or to the public as the email address to which communications to that person may be sent; and
(b)the last postal address of a person is —
(i)the person’s designated postal address; or
(ii)if the person has no designated postal address — the person’s ordinary address.
(7)  The applicant must, within one working day after service of the documents mentioned in paragraph (5) on the persons mentioned in section 95(7) of the Act, submit to the Registrar a declaration in Form 7W.
(8)  Paragraphs (5), (6) and (7) apply in respect of an application mentioned in paragraph (3) as they apply in respect of an application mentioned in paragraph (1), as if the reference to a person mentioned in section 95(7) of the Act were a reference to a person mentioned in section 100(4) of the Act.
Response
21.  The respondent may, no later than 5 working days after being served with a copy of the application for a specified determination and the Registrar’s acknowledgement, submit to the Registrar a response to the application in Form 8W, and serve on the applicant a copy of the response by the prescribed mode of service.
Amendment of application or response
22.—(1)  The Registrar may, at any stage before a specified determination and on the application of the applicant or the respondent, allow that party to amend that party’s application for the determination or response, as the case may be.
(2)  The application for amendment and (where the application is allowed by the Registrar) the amended document must be served on the other party to the determination by the prescribed mode of service.
Notice of appointment of assessor and hearing
23.  If the Registrar is satisfied that —
(a)the application for a specified determination is in order;
(b)a copy of the application and the Registrar’s acknowledgement have been duly served in accordance with —
(i)in the case of an application mentioned in regulation 20(1) — section 95(7) of the Act and regulation 20(5); or
(ii)in the case of an application mentioned in regulation 20(3) — regulation 20(5) as applied by regulation 20(8); and
(c)either —
(i)a response has been duly submitted and served by the respondent; or
(ii)the time for the submission of the response has expired without one being served, and the applicant has complied with any direction of the Registrar to contact the respondent by any means specified by the Registrar,
the Registrar must send to the applicant and the respondent —
(d)a notice of the appointment of a rental waiver assessor; and
(e)if applicable, a notice of the date and place for the hearing.
Hearing and determination by rental waiver assessor
24.—(1)  A rental waiver assessor must, when carrying out his or her duties or exercising his or her powers under these Regulations, act independently, impartially and in a timely manner.
(2)  A hearing is generally to be held in an asynchronous manner by exchange of email.
(3)  However, a rental waiver assessor may direct —
(a)the hearing be held via video conferencing, teleconferencing or other electronic means; or
(b)the parties to attend before the rental waiver assessor for a hearing,
if the rental waiver assessor is of the opinion that the interest of justice would be better served if the hearing is held in the manner mentioned in sub‑paragraph (a) or if the parties attend before him or her for the hearing.
(4)  A rental waiver assessor may —
(a)issue such directions as are necessary or expedient for the conduct of the hearing, including a direction to any party to a specified determination to provide further documents or information that the rental waiver assessor requires to make a determination; and
(b)allow a party to amend that party’s application for a specified determination or response, as the case may be.
(5)  A rental waiver assessor may permit a party to be accompanied by an interpreter at the hearing.
(6)  A rental waiver assessor may at any time adjourn a hearing or fix a date for a further hearing.
(7)  A rental waiver assessor may dispense with a hearing and make a specified determination solely by reference to the forms and documents submitted by the applicant to the determination, if the rental waiver assessor is of the opinion that those forms and documents are sufficient for the rental waiver assessor to make his or her determination.
(8)  The applicant must serve the specified determination, by the prescribed mode of service —
(a)in the case of a determination mentioned in regulation 20(1) — on every other person mentioned in section 95(7) of the Act; or
(b)in the case of a determination mentioned in regulation 20(3) — on every other person mentioned in section 100(4) of the Act.
Where assessor unable to continue with proceedings
25.—(1)  If a rental waiver assessor who is hearing or determining an application for a specified determination is unable for any reason to continue with the hearing or determination, the Registrar may appoint one or more new rental waiver assessors in place of that rental waiver assessor to hear and determine the application.
(2)  The new rental waiver assessor or rental waiver assessors (as the case may be) may, as the justice of the case requires —
(a)continue with the hearing or determination from where it had previously stopped; or
(b)hear or determine the application afresh.
Where one party is absent from hearing
26.—(1)  Where a party to a specified determination is absent from the hearing, the rental waiver assessor may —
(a)decline to make a determination, and dismiss the application for the determination; or
(b)hear and make a determination on the application.
(2)  A dismissal or determination made under paragraph (1) may, on an application by the party who was absent from the hearing (called in this regulation the absent party), be set aside by the rental waiver assessor or another rental waiver assessor if that rental waiver assessor is satisfied that the absent party had a good reason for being absent from the hearing, and that it is just in the circumstances to set aside the dismissal or determination.
(3)  An application under paragraph (2) must —
(a)state the reasons for the absent party’s absence from the hearing;
(b)be accompanied by supporting documents; and
(c)be submitted to the Registrar, and served on the other party to the specified determination by the prescribed mode of service, within 5 working days (or such longer period as the Registrar may allow) after the date the notice of the rental waiver assessor’s dismissal or determination made under paragraph (1) is sent to the parties to the determination.
(4)  If the other party to the specified determination wishes to oppose the application for setting aside made under paragraph (2), the other party must, within a period directed by the Registrar, submit to the Registrar and serve on the absent party by the prescribed mode of service, a reply stating the reasons why the dismissal or determination should not be set aside.
(5)  Where the rental waiver assessor hearing the application made under paragraph (2) decides to set aside the dismissal or determination made under paragraph (1) —
(a)he or she may do so on such terms as he or she considers just; and
(b)he or she may proceed to hear the application for a specified determination and make a determination on that application.
Determination must be unanimous where more than one rental waiver assessor
27.  Where more than one rental waiver assessor is appointed to make a specified determination on an application, the determination must be unanimous.