Document ID: chunk:federal_register_of_legislation:C2007A00098:clause:1_109:p2
Version: federal_register_of_legislation:C2007A00098
Segment Type: clause
Provision Reference: sch 1 cl 109 (pt 2/2)
Character Range: 108451–110727

the day on which the application for review is made and ending on the day on which it is finalised is not to be included in the consideration period.

 (9) If the Council notifies the Authority that it is formulating policy guidelines for the purposes of paragraph 18(2)(e):
 (a) the Authority may, subject to subsections (9A) and (9B), suspend its consideration of any application which, in the opinion of the Authority, would be affected by the guidelines once formulated; and
 (b) if the Authority suspends its consideration of an application, notify the applicant of the suspension, and the period of the suspension.

 (9A) If:
 (a) an applicant has applied for the development or variation of a standard; and
 (b) an exclusive capturable commercial benefit would be conferred on the applicant if the standard were made or varied in the manner sought in the application; and
 (c) either:
 (i) the charge fixed under subparagraph 146(6)(b)(ii) in relation to the application is paid; or
 (ii) in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid;
the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension.

 (9B) If:
 (a) an applicant elects to have the consideration of his or her application expedited; and
 (b) either:
 (i) the charge fixed under subparagraph 146(6)(b)(ii) in relation to the application is paid; or
 (ii) in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid;
the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension.

 (10) The suspension begins on the day on which the Authority is notified by the Council and ends on the day on which:
 (a) the Council notifies the Authority of the policy guidelines; or
 (b) the Council notifies the Authority that it has decided not to proceed with the policy guidelines; or
 (c) a period of 18 months, beginning on the day on which the Authority was notified under subsection (9), has elapsed.

 (11) The period during which the consideration of the application is suspended is not to be included in the consideration period.