Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p118
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 118/133)
Character Range: 357650–360417

accreditation as an AACA.

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 AACA under paragraph 4.51A(4)(a); and
 (b) any further information obtained as a result of any inspections carried out under paragraph 4.51A(4)(b); and
 (c) any other information the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the AACA, in writing, of the decision; and
 (b) do so within 90 days of the application being made.
Note: If the Secretary renews the AACA's accreditation as an AACA, the notice must include the duration of the renewed accreditation—see regulation 4.51CA.
 (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 renew the AACA's accreditation as an AACA 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 4.51A(4)(a); or
 (b) access for inspection of one or more of the AACA's sites under paragraph 4.51A(4)(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 4.51A(4), 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.

4.51C  Accreditation continues until decision on renewal application
  If:
 (a) an AACA makes an application for renewal of the AACA's accreditation as an AACA under regulation 4.51A; and
 (b) the Secretary has not made a decision on the application before the AACA's accreditation is due to cease to be in force;
the AACA's accreditation is taken to continue until:
 (c) if the Secretary renews the AACA's accreditation as an AACA—the day specified in the notice under subregulation 4.51B(3) as the day on which the renewed accreditation commences; or
 (d) if the Secretary refuses to renew the AACA's accreditation as an AACA—the day the Secretary makes the decision to refuse the application.

4.51CA  Duration of renewed accreditation
 (1) An AACA's renewed accreditation as an AACA commences on the day