Document ID: chunk:federal_register_of_legislation:F2015L01736:body:0:p2
Version: federal_register_of_legislation:F2015L01736
Segment Type: other
Provision Reference: 
Character Range: 3026–6121

period to give any response (including under section 269SMG);

      the Commissioner must:

               1. take into account the responsibility to conduct cases in a timely and efficient manner;

               2. reject a request for a longer period if the request has not been made before the legislated period has ended; and

               3. in considering any reasons provided to support the request by any interested party, have regard to the matters specified at 5(b).

      b)     When the Commissioner is considering any reasons provided to support the request by any interested parties under 5(a)(i)(3) or (ii)(3), the Commissioner must have regard to whether:

           1. an interested party has provided reasons why it could not provide its response within the whole legislated period and not only the period remaining between the request and the end of the legislated period;

           2. the reasons provided are acceptable, taking into account ordinary business practices or ordinary commercial principles;

           3. the reasons provided are consistent with the Commissioner's understanding of the relevant industry; and

           4. the reasons provided are consistent with previous correspondence from the party, previous dealings with the party, or information provided by other interested parties,

    6.             Insufficient responses – section 296SMG

     a)   If:

           1. an interested party has provided a response within the legislated period;

           2. that response has deficiencies that could, in the Commissioner's view, be quickly and easily rectified in a further response; and

           3. the Commissioner considers a further response may be relevant to the case or necessary to the proper conduct of the case,

     then the Commissioner should notify that party of the deficiencies and request that they be addressed in a further response within a reasonable timeframe specified by the Commissioner.

     b)   If:
          1. an interested party has provided a response within the legislated period;
          2. that response has deficiencies that could not, in the Commissioner's view, be rectified quickly and easily in a further response; and
          3. the Commissioner considers a further response is relevant to the case or necessary to the proper conduct of the case,
    then the Commissioner will notify the party of this view as soon as practicable.
    Note: In these circumstances the Commissioner is not, required to provide the interested party with any further extension of time and is not precluded from being satisfied that the party has significantly impeded an investigation for the purposes of subsection 269T(1) or section 269TAACA.

    7.             Considering late responses

a)      If a response has been received by the Commissioner outside the legislated period, the Commissioner must, when determining whether to have regard to that response, consider if taking the response into account would delay a key aspect of the case.

b)     If taking the response into account would delay a