Document ID: chunk:federal_register_of_legislation:C2017A00047:clause:5_26be
Version: federal_register_of_legislation:C2017A00047
Segment Type: clause
Provision Reference: sch 5 cl 26BE
Character Range: 33428–35722

26BE  Variation of section 26BB determination—application by person
 (1) A person may apply to the Secretary for a recommendation that the Minister vary a section 26BB determination.
 (2) An application under subsection (1) must:
 (a) be made in accordance with a form approved, in writing, by the Secretary; and
 (b) set out the recommendation sought; and
 (c) be delivered to an office of the Department specified in the form; and
 (d) be accompanied by the prescribed application fee (if any).

Decision by Secretary whether to make recommendation
 (3) If:
 (a) an application is made under subsection (1); and
 (b) any applicable prescribed evaluation fee has been paid;
the Secretary must carry out an evaluation of whether to make the recommendation.
 (4) After carrying out the evaluation, the Secretary must:
 (a) make the recommendation; or
 (b) refuse to make the recommendation.
 (5) In deciding whether to make the recommendation, the Secretary must have regard to:
 (a) the quality and safety of the ingredients concerned; and
 (b) such other matters (if any) as the Secretary considers relevant.

Minister may vary determination
 (6) If the Secretary makes a recommendation under paragraph (4)(a), the Minister must:
 (a) by legislative instrument, vary the section 26BB determination; or
 (b) refuse to vary the section 26BB determination.
 (7) In making a decision under subsection (6), the Minister must have regard to:
 (a) the recommendation made under paragraph (4)(a); and
 (b) such other matters (if any) as the Minister considers relevant.

Further information
 (8) The Secretary may, by written notice given to a person who has made an application under subsection (1), require the person to:
 (a) give the Secretary such further information in connection with the application as is specified in the notice; and
 (b) do so within such reasonable time as is specified in the notice.

Applications or information may be given electronically
 (9) An approval of a form mentioned in paragraph (2)(a), or a notice mentioned in subsection (8), may require or permit an application or information to be given in accordance with specified software requirements:
 (a) on a specified kind of data processing device; or
 (b) by way of a specified kind of electronic transmission.