Document ID: chunk:federal_register_of_legislation:C2024C00688:section:18
Version: federal_register_of_legislation:C2024C00688
Segment Type: section
Provision Reference: s 18
Character Range: 26015–27668

18  Secretary's decision on temporary reduction application
 (1) If an entity makes an application in accordance with section 17, and gives any further information as required under section 78, the Secretary must decide whether to:
 (a) grant the application by reducing the quantity as applied for or by less than applied for; or
 (b) refuse the application.

 (2) If the Secretary decides to grant the application, the Secretary must, by written notice given to the entity, specify the reduced quantity of stocks of the product the entity must hold on the obligation days for which the notice is in force.

 (3) The notice is in force for obligation days that occur during the period specified in the notice (the temporary reduction period). The temporary reduction period may start before the notice is given.

 (4) During the temporary reduction period, a notice that would otherwise be in force for the entity in relation to the product under section 10 or 15 ceases to be in force. Any such notice comes back into force at the end of the temporary reduction period.

 (5) If the Secretary decides to reduce the quantity by less than applied for, or to refuse the application, the Secretary must give the entity written notice of the decision.

            Note: A decision to refuse the application, or to grant it by reducing the quantity by less than applied for, is a reviewable decision and reasons and notice of review rights must be given (see sections 72 and 73).

 (6) The Secretary's decision under this section must be in accordance with any rules made for the purposes of this subsection.

Division 5—Holding stocks of an MSO product