Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_269aa:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 269AA (pt 2/2)
Character Range: 271824–273913

to subsection (6), the comments the Minister receives in response to the notice referred to in paragraph (b).

 (6) The Minister is not required to take a comment referred to in subparagraph (5)(c)(ii) into account if:
 (a) the Minister does not receive the comment until after the cut‑off date specified in the notice under paragraph (5)(b); or
 (b) the Minister considers that regulations referred to in paragraph (8)(b) have not been complied with in relation to the comment.

 (7) The notice referred to in paragraph (5)(b):
 (a) must be published in accordance with the regulations referred to in paragraph (8)(a); and
 (b) must set out the decision the Minister proposed to make; and
 (c) must invite people to make comments, to the Minister, about the proposed decision; and
 (d) must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
 (e) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (8)(b), apply to making comments; and
 (f) may also include any other information that the Minister considers appropriate.

 (8) The regulations must provide for the following:
 (a) how a notice referred to in paragraph (5)(b) is to be published;
 (b) the manner and form for making comments.

General publication requirements

 (9) The Minister must publish the following:
 (a) the Minister's initial recovery plan decision, and the reasons for it;
 (b) each subsequent recovery plan decision (if any), and the reasons for it.
The regulations may specify how the publication is to be made. Subject to any such regulations, the publication must be made in a way that the Minister considers appropriate.

Note: This subsection must be complied with, even if the Minister has already published notice of the proposed decision in accordance with subsections (5) and (7).

Decisions not legislative instruments

 (10) An instrument making a decision under subsection (1) is not a legislative instrument.