Document ID: chunk:federal_register_of_legislation:C2024C00524:section:109:p2
Version: federal_register_of_legislation:C2024C00524
Segment Type: section
Provision Reference: s 109 (pt 2/3)
Character Range: 124598–127272

draft variation of a standard, the period beginning on the day on which the application for review is made and ending on the day on which it is finalised is not to be included in the consideration period.
 (8A) If an application is made under section 123 of the Administrative Review Tribunal Act 2024 for the President of the Administrative Review Tribunal to refer a decision to the guidance and appeals panel for review, the consideration period does not include the period:
 (a) beginning on the day on which the application is made; and
 (b) ending on the day on which the President refers the decision to the guidance and appeals panel or refuses the application, as the case may be.
 (9) If the Forum on Food Regulation notifies the Authority that it is formulating policy guidelines for the purposes of paragraph 18(2)(e):
 (a) the Authority may, subject to subsections (9A) and (9B), suspend its consideration of any application which, in the opinion of the Authority, would be affected by the guidelines once formulated; and
 (b) if the Authority suspends its consideration of an application, notify the applicant of the suspension, and the period of the suspension.
 (9A) If:
 (a) an applicant has applied for the development or variation of a standard; and
 (b) an exclusive capturable commercial benefit would be conferred on the applicant if the standard were made or varied in the manner sought in the application; and
 (c) either:
 (i) the charge under section 146 in relation to the application is paid; or
 (ii) in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid;
the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension.
 (9B) If:
 (a) an applicant elects to have the consideration of his or her application expedited; and
 (b) either:
 (i) the charge under section 146 in relation to the application is paid; or
 (ii) in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid;
the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension.
 (10) The suspension begins on the day on which the Authority is notified by the Forum on Food Regulation and ends on the day on which:
 (a) the Forum notifies the Authority of the policy guidelines; or
 (b) the Forum notifies the Authority that it has decided not to proceed with the policy guidelines; or
 (c) a period of 18 months, beginning on the day on which the Authority was notified under subsection (9), has elapsed.
 (11)