Document ID: chunk:federal_register_of_legislation:C2025C00029:section:4:p9
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 4 (pt 9/95)
Character Range: 5570194–5573382

or
 (b) funded by a grant from an Australian government agency.
 (4) The application must:
 (a) be in a form (if any) approved by the *Infrastructure CEO; and
 (b) be accompanied by the fee (if any) prescribed by the *infrastructure project designation rules.
 (5) A fee prescribed as mentioned in paragraph (4)(b) is payable to the *Infrastructure CEO, on behalf of the Commonwealth.

415‑60  Dealing with applications

Dealing with applications
 (1) The *Infrastructure CEO must deal with applications made under this Division:
 (a) in accordance with the requirements prescribed by the *infrastructure project designation rules; or
 (b) if the infrastructure project designation rules do not prescribe any requirements—in the order in which the applications are made.
 (2) Without limiting paragraph (1)(a), the requirements the *infrastructure project designation rules may prescribe for the purposes of that paragraph include:
 (a) requirements relating to the time at which or by which the *Infrastructure CEO must deal with an application; and
 (b) requirements relating to applications that, in the opinion of the Infrastructure CEO, are incomplete or do not contain sufficient information for the Infrastructure CEO to deal with the applications.
 (3) For the purposes of subsection (1), the *Infrastructure CEO deals with an application by:
 (a) designating the infrastructure project provisionally under section 415‑65, or deciding not to designate the infrastructure project provisionally under that section; or
 (b) designating the infrastructure project under section 415‑70 or deciding not to designate the infrastructure project under that section (whether or not the Infrastructure CEO has previously dealt with the application by designating the infrastructure project provisionally under section 415‑65).
 (4) Paragraph (1)(b) does not apply to the *Infrastructure CEO deciding whether to designate a *provisionally designated infrastructure project under section 415‑70.

No designation after 30 June 2017 or later prescribed day
 (5) Despite anything else in this Subdivision, the *Infrastructure CEO must not provisionally designate the infrastructure project under section 415‑65, or designate the infrastructure project under section 415‑70, after:
 (a) 30 June 2017; or
 (b) a later day (if any) prescribed by the *infrastructure project designation rules.

415‑65  Provisional designation

Provisional designation
 (1) The *Infrastructure CEO must, by instrument in writing, designate the infrastructure project provisionally for the purposes of this Division if:
 (a) the entity applies to have the Infrastructure CEO designate the infrastructure project in accordance with section 415‑55; and
 (b) the Infrastructure CEO accepts the estimate of the *infrastructure project capital expenditure under section 415‑80; and
 (c) the provisional designation would not breach the infrastructure project capital expenditure cap under section 415‑75; and
 (d) the following conditions are satisfied:
 (i) the conditions prescribed by the *infrastructure project designation rules;
 (ii) if the infrastructure project designation rules do not prescribe any conditions—in