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BIOSECURITY ACT 2015 - SECT 435

Dealing with applications

Time within which decision must be made

             (1)  The relevant Director must make a decision in relation to an application within the consideration period for the application, unless the application is withdrawn.

             (2)  If the relevant Director does not make a decision in relation to an application within the consideration period for the application, the Director is taken to have refused to approve the arrangement to which the application relates at the end of that period, unless the application is withdrawn.

Consideration period

             (3)  The consideration period for an application is the period (the initial consideration period ) prescribed by the regulations for an application of that kind, as extended under subsection (4). The consideration period starts on the day the relevant Director receives the application.

             (4)  The initial consideration period is extended, for each request made under subsection (5), 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 relevant Director; or

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

Relevant Director may request further information etc.

             (5)  For the purpose of making a decision in relation to an application, the relevant Director may, within the consideration period, request:

                     (a)  the applicant; or

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

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

             (6)  A request under subsection (5):

                     (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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