Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p94
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 94/133)
Character Range: 297477–300267

as a known consignor.
 (2) The application may only be made within the last 12 months of the period for which the known consignor's approval is in force.
 (3) The application must:
 (a) be in the form approved, in writing, by the Secretary; and
 (b) include the information required by the form.

Further information
 (4) The Secretary may request, in writing, that the known consignor provide:
 (a) further information in relation to the application; or
 (b) access for inspection of one or more of the known consignor's sites to gather further information in relation to the application.
 (5) The notice must specify the period within which the further information or access is to be provided.
 (6) An inspection under paragraph (4)(b) may be conducted by any of the following:
 (a) an APS employee;
 (b) a person who is engaged as a consultant or contractor to perform services for the Department;
 (c) a law enforcement officer.
 (7) The Secretary may refuse to consider the application until the known consignor provides the further information or access.

4.41S  Decision on re‑approval application
 (1) The Secretary may, in relation to an application made by a known consignor under regulation 4.41R:
 (a) re‑approve the known consignor as a known consignor; or
 (b) refuse to re‑approve the known consignor as a known consignor.

Matters to be taken into account
 (2) In making a decision on the application, the Secretary may take into account:
 (a) any further information provided by the known consignor under paragraph 4.41R(4)(a); and
 (b) any further information obtained as a result of any inspections carried out under paragraph 4.41R(4)(b); and
 (c) any other information the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the known consignor, in writing, of the decision; and
 (b) do so within 90 days of the application being made.
Note: If the Secretary re‑approves the known consignor as a known consignor, the notice must include the duration of the re‑approval—see regulation 4.41U.
 (4) If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application
 (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to re‑approve the known consignor as a known consignor at the end of that period
 (6) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock
 (7) If the Secretary has requested:
 (a) further information under paragraph 4.41R(4)(a); or
 (b) access for inspection of one or more of the known consignor's sites under paragraph 4.41R(4)(b);
then, for the purposes of paragraph (3)(b)