Document ID: chunk:federal_register_of_legislation:C2007A00098:clause:1_109:p1
Version: federal_register_of_legislation:C2007A00098
Segment Type: clause
Provision Reference: sch 1 cl 109 (pt 1/2)
Character Range: 105937–108667

109  Period within which consideration of applications for standards or variations must be completed

Applications must be considered within the consideration period

 (1) If the Authority accepts an application under section 26 for the development of a standard or the variation of a standard, the Authority must complete the procedure that the Authority must, under Subdivision C of Division 1, adopt in the consideration of the application within the consideration period.

Consideration period

 (2) The consideration period begins:
 (a) if an exclusive capturable commercial benefit would be conferred on the applicant as a result of the development of the resulting standard or variation—on the day on which the charge fixed under subparagraph 146(6)(b)(i) is paid or, if the charge is payable in instalments, the first instalment is paid; and
 (b) if the applicant elects to have the consideration of the application expedited—on the day on which the charge fixed under subparagraph 146(6)(b)(ii) is paid or, if the charge is payable in instalments, the first instalment is paid; and
 (c) in any other case, on the day on which the Authority begins its assessment of the application under section 29.

 (3) The consideration period ends 12 months after it begins or, if a shorter period is prescribed, at the end of that shorter period.

Extension for consideration of new standard or major variation

 (4) If the application is one to which Subdivision F of Division 1 applies (an application for the development of a new standard or a major variation), the Authority may extend the consideration period, if it is not practicable for the general procedure, as modified by that Subdivision, to be completed within the period specified under subsections (2) and (3).

 (5) The maximum period for which an extension may be given under subsection (4) is 6 months.

Stopping the clock

 (6) If the Authority requests an applicant to provide it with further information under section 108, the time taken by the applicant to provide the information is not to be included in the consideration period.

 (7) If an instalment of a charge fixed under section 146 is due, but not paid, the time during which it remains unpaid is not to be included in the consideration period.

 (8) If an application is made to the Administrative Appeals Tribunal for the review of a decision of the Authority made in connection with the preparation of a draft standard or a draft variation of a standard, the period beginning on 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