Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 178

Dealing with application

             (1)  This section applies in relation to an application made under section 177 for a permit, unless the application is withdrawn.

Time within which decision must be made

             (2)  The Director of Biosecurity must make a decision in relation to the application within the period (the decision-making period ) that:

                     (a)  starts when the Director receives the application; and

                     (b)  is the period prescribed by the regulations, as extended under subsections (4) and (5) if relevant.

             (3)  If the Director of Biosecurity does not make a decision in relation to the application within the decision-making period, the Director is taken to have refused under subsection 179(1) to grant the permit at the end of that period.

Extension of period for deciding on application

             (4)  The period prescribed by the regulations for the purposes of paragraph (2)(b) is extended, for each request made under subsection (6), by the number of days falling within the period:

                     (a)  starting on the day the request was made; and

                     (b)  ending on:

                              (i)  the day the information or documents requested were received by the Director of Biosecurity; or

                             (ii)  if the information or documents were not given within the period specified in the request--the last day of that period.

             (5)  The period prescribed by the regulations for the purposes of paragraph (2)(b) is also extended, for each activity that relates to an application and is prescribed by the regulations, by the number of days falling within the period:

                     (a)  starting on the day the activity starts; and

                     (b)  ending on the day the activity ends.

Director of Biosecurity may request further information etc.

             (6)  For the purpose of making a decision in relation to an application, the Director of Biosecurity may, within the decision-making period, request:

                     (a)  the applicant; or

                     (b)  any other person who the Director considers may have information relevant to the application;

to give the Director further specified information or documents relevant to the application.

             (7)  A request under subsection (6):

                     (a)  must be in writing; and

                     (b)  must specify the period (which must not be longer than the period prescribed by the regulations for the purposes of this paragraph) within which the information or documents must be given.



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