Commonwealth Consolidated Regulations

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Extension of time for filing evidence

  (1)   The Commissioner may extend an evidentiary period mentioned in regulation   5.8:

  (a)   if requested in writing by a party; or

  (b)   on the Commissioner's own initiative.

  (2)   The Commissioner may extend the period only if the Commissioner is satisfied that:

  (a)   the party who intended to file evidence in the period:

  (i)   has made all reasonable efforts to comply with all relevant filing requirements under this Chapter; and

  (ii)   despite acting promptly and diligently at all times to ensure the appropriate evidence is filed within the period, is unable to do so; or

  (b)   there are exceptional circumstances that warrant the extension.

  (3)   The Commissioner must determine the length of the extended period having regard to what is reasonable in the circumstances.

  (4)   The Commissioner must notify the parties of the extension as soon as practicable.

  (5)   In this regulation:

"exceptional circumstances" includes the following:

  (a)   a circumstance beyond the control of a party that prevents the party from complying with a filing requirement under this Chapter;

  (b)   an error or omission by the Commissioner that prevents a party from complying with a filing requirement under this Chapter;

  (c)   an order of a court, or a direction by the Commissioner, that the opposition be stayed pending the completion of a related proceeding or action under the Act.

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