Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_26
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 26
Character Range: 1523288–1524905

26  Deemed refusal of facility installation permit
 (1) If:
 (a) the ACMA receives an application for a facility installation permit; and
 (b) 10 business days pass and the ACMA has neither:
 (i) notified the applicant in writing that the ACMA has decided to refuse to issue the permit; nor
 (ii) notified the applicant in writing that the ACMA has decided to hold a public inquiry in relation to the permit;
the ACMA is taken, at the end of that period of 10 business days, to have decided to refuse to issue the permit.
 (2) If:
 (a) the ACMA receives an application for a facility installation permit; and
 (b) 65 business days pass and the ACMA has neither:
 (i) notified the applicant in writing that the ACMA has decided to refuse to issue the permit; nor
 (ii) notified the applicant in writing that the ACMA has decided to issue the permit;
the ACMA is taken, at the end of that period of 65 business days, to have decided to refuse to issue the permit.
 (3) The ACMA may, by written instrument, determine that subclause (2) has effect, in relation to a specified application for a facility installation permit, as if a reference in that subclause to 65 business days were a reference to such greater number of business days, not exceeding 85 business days, as is specified in the determination. The determination has effect accordingly.
 (4) In determining the validity of any action taken by the ACMA under Part 25 in relation to the holding of a public inquiry in relation to in a permit, regard must be had to the ACMA's need to act with sufficient speed to meet the time limit imposed by subclause (2).