Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Tribunal must make a decision on a review under this Part within the consideration period.
(2) The consideration period is a period of 180 days (the expected period ), starting at the start of the day the application for review is received, unless the consideration period is extended under subsection (7).
(3) In working out the expected period in relation to an application for review, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:
(a) starting on the day referred to in column 2 of the item; and
(b) ending on the day referred to in column 3 of the item.
Stopping the clock | |||
Item | Column 1 Situation | Column 2 Start day | Column 3 End day |
1 | An agreement is made in relation to the application under subsection (5) | The first day of the period specified in the agreement | The last day of the period specified in the agreement |
2 | A notice is given under subsection 44ZZOAAA(5) requesting information in relation to the decision to which the application relates | The day on which the notice is given | The last day of the period specified in the notice for the giving of the information |
3 | A notice is given under subsection 44K(6A), 44L(5A), 44LJ(6), 44LK(6), 44O(5A), 44PG(5A), 44PH(5A), 44ZP(5A), 44ZX(5A) or 44ZZBF(5A) requiring information or a report to be given in relation to the review | The day on which the notice is given | The last day of the period specified in the notice for the giving of the information or the report |
(4) Despite subsection (3), do not disregard any day more than once.
Stopping the clock by agreement
(5) The following may agree in writing that a specified period is to be disregarded in working out the expected period:
(a) the Tribunal;
(b) the person who applied for review;
(c) if the application is made under section 44K, 44L, 44LJ, 44LK or 44O--the Council;
(d) if the application is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF--the Commission;
(e) any other person who has been made a party to the proceedings for review by the Tribunal.
(6) The Tribunal must publish, by electronic or other means, the agreement.
Extension of time for making decision
(7) If the Tribunal is unable to make a decision on an application for review within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the designated Minister, extend the consideration period by a specified period.
(a) specify when the Tribunal must now make its decision on the application for review; and
(b) include a statement explaining why the Tribunal has been unable to make a decision on the review within the consideration period.
(9) The Tribunal must give a copy of the notice to:
(a) the person who applied for review; and
(b) if the application for review is made under section 44K, 44L, 44LJ, 44LK or 44O--the Council; and
(c) if the application for review is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF--the Commission; and
(d) any other person who has been made a party to the proceedings for review by the Tribunal.
(10) If the Tribunal extends the consideration period under subsection (7), it must publish a notice in a manner that results in the notice being accessible to the public and reasonably prominent:
(a) stating that it has done so; and
(b) specifying the day by which it must now make a decision on the application for review.
Failure to comply with time limit does not affect validity
(11) Failure by the Tribunal to comply with a time limit set in
this section does not affect the validity of a decision made by the Tribunal
under this Part.