Document ID: chunk:federal_register_of_legislation:C2015A00150:clause:1_77:p1
Version: federal_register_of_legislation:C2015A00150
Segment Type: clause
Provision Reference: sch 1 cl 77 (pt 1/2)
Character Range: 112148–114645

77  Time limit on making orders and decisions

Application of this section
 (1) This section applies if the Treasurer receives a notice from a person stating that a significant action (including a significant action that is a notifiable action) is proposed to be taken.
Note 1: If a fee is payable by a person under section 113, the notice is taken not to have been given until the fee has been paid, waived or remitted (see section 114).
Note 2: For withdrawal of notices, see section 136.

Time limit on making orders or decisions
 (2) The Treasurer must not make an order or decision under Division 2 relating to the action if:
 (a) the decision period ends; and
 (b) the person has not taken the action by the end of the decision period; and
 (c) either:
 (i) the Treasurer has not made such an order or decision relating to the action by the end of the decision period; or
 (ii) if the Treasurer has made such an order or decision by the end of the decision period—the Treasurer has not published the order in the Gazette in accordance with section 72 or given a notification in accordance with subsection 74(3) or 75(3).
Note: For the definition of decision period, see subsection (5) of this section.

Time limit on making orders or decisions after interim orders made
 (3) If the Treasurer makes an interim order relating to the significant action, the Treasurer must not make an order under section 67 or 69 or a decision under section 74 or 75 relating to the action if:
 (a) the Treasurer makes the interim order before the end of the decision period; and
 (b) the interim order is published in the Gazette in accordance with section 72; and
 (c) the period specified in the interim order ends; and
 (d) by the end of that period, the Treasurer has not:
 (i) made an order under section 67 or 69 relating to the action and published the order in the Gazette in accordance with section 72; or
 (ii) made a decision and given a no objection notification relating to the action in accordance with section 74 or 75; and
 (e) the person has not taken the action by the end of that period.

Notice given under section 133
 (4) If a notice is given to a person under section 133 requiring a person to give information or produce a document, a decision period, or a period specified in an interim order, does not include any day in the period:
 (a) beginning on the day the notice is given; and
 (b) ending on the day the person gives the information or produces the document in accordance with