Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95as:p2
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AS (pt 2/3)
Character Range: 40009–42898

it.

Commission must make a determination

 (7) The Commission must make a determination in writing:
 (a) revoking the clearance, or revoking the clearance and substituting a new clearance for the one revoked; or
 (b) refusing to revoke the clearance.
The Commission must notify, in writing, the person to whom the clearance was granted of its determination and give written reasons for it.

 (7A) In making its determination, the Commission must take into account:
 (a) any submissions invited under subsection (4) or (6) that are received within the period specified under that subsection; and
 (b) any information received under section 95AJ within the period specified in the relevant notice under that section (as that section applies because of subsection (13) of this section); and
 (c) any information received under subsection 95AK(1) within the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (13) of this section); and
 (d) any information obtained from consultations under subsection 95AK(2) (as that subsection applies because of subsection (13) of this section).

 (7B) In making its determination, the Commission may disregard:
 (a) any submissions invited under subsection (4) or (6) that are received after the period specified under that subsection; and
 (b) any information received under section 95AJ after the period specified in the relevant notice under that section (as that section applies because of subsection (13) of this section); and
 (c) any information received under subsection 95AK(1) after the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (13) of this section).

When revocation etc. must not be granted

 (8) If an objection (other than an objection that, in the Commission's opinion, is vexatious or frivolous) to a revocation of a clearance is made in a submission:
 (a) that was invited under subsection (4) or (6); and
 (b) that is received within the period specified;
the Commission must not make a determination revoking the clearance unless it is satisfied that it would, if the clearance had not already been granted, be prevented under section 95AN from granting the clearance.

 (9) The Commission must not make a determination revoking a clearance and substituting another clearance unless it is satisfied that it would not be prevented under section 95AN from granting the substituted clearance, if it were a new clearance sought under section 95AD.

Time limits for determining application

 (10) If the Commission has not made a determination on an application made under subsection (1) within the period that begins on the day the application was given to the Commission and ends on the 40th business day after that day, the Commission is, subject to subsection (11A), taken to have made a determination