Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_90
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 90
Character Range: 51937–53682

90  At the end of section 152BY
Add:

Commission to make decision within 6 months

 (7) If the Commission does not make a decision under subsection (3) about the variation within 6 months after receiving the variation, the Commission is taken to have made, at the end of that 6‑month period, a decision under subsection (3) to accept the variation.

 (8) In calculating the 6‑month period referred to in subsection (7), disregard:
 (a) if the Commission has published the variation under paragraph 152BV(2)(a)—a day in the period:
 (i) beginning on the date of publication; and
 (ii) ending at the end of the time limit specified by the Commission when it published the variation; and
 (b) if the Commission has requested further information under section 152BZ in relation to the variation—a day during any part of which the request, or any part of the request, remains unfulfilled.

Extension of decision‑making period

 (9) The Commission may, by written notice given to the person, extend or further extend the 6‑month period referred to in subsection (7), so long as:
 (a) the extension or further extension is for a period of not more than 3 months; and
 (b) the notice includes a statement explaining why the Commission has been unable to make a decision on the variation within that 6‑month period or that 6‑month period as previously extended, as the case may be.

 (10) As soon as practicable after the Commission gives a notice under subsection (9), the Commission must cause a copy of the notice to be made available on the Internet.

Note 1: The following heading to subsection 152BY(3) is inserted "Decision to accept or reject variation".

Note 2: The following heading to subsection 152BY(5) is inserted "Notice of decision".