Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p92
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 92/133)
Character Range: 292461–295185

(b) refuse to approve the applicant 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 applicant under paragraph 4.41M(3)(a); and
 (b) any further information obtained as a result of any inspections carried out under paragraph 4.41M(3)(b); and
 (c) any other information the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the applicant, in writing, of the decision; and
 (b) do so within 90 days of the application being made.
Note: If the Secretary approves the applicant as a known consignor:
(a) the notice must include the duration of the approval—see regulation 4.41P; and
(b) the Secretary must also provide the known consignor with a security program—see regulation 4.41Z.
 (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 approve the applicant 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 4.41M(3)(a); or
 (b) access for inspection of one or more of the applicant's sites under paragraph 4.41M(3)(b);
then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.41M(3), by the number of days falling within the period:
 (c) starting on the day on which the notice was given; and
 (d) ending on:
 (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or
 (ii) if the information or access was not provided within the period specified in the notice—the last day of that period.

4.41P  Duration of approval
 (1) A known consignor's approval as a known consignor commences on the day specified in the notice under subregulation 4.41N(3).
 (2) The day specified in the notice must not be earlier than:
 (a) the day the notice is given; or
 (b) if the applicant is not already carrying on a business that engages in originating cargo—the day on which the applicant commences carrying on such a business.
 (3) The approval continues in force until the earlier of:
 (a) the end of the period specified in the notice; and
 (b) if the approval is revoked under regulation 4.41V, 4.41W or 4.41X—the day the