Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_11a:p1
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 11A (pt 1/2)
Character Range: 13597–16321

11A  Preliminary assessment of application

 (1) The NRA must, within one month after an application is lodged under section 11, make a preliminary assessment as to whether the application complies with subsection 11(1).

 (2) If it appears to the NRA from the preliminary assessment that the application complies with subsection 11(1), the NRA must, as soon as practicable, give notice in writing to an approved person stating that the application has passed a preliminary assessment and will be given a full evaluation in due course.

 (3) If it appears to the NRA from the preliminary assessment that the application does not comply with subsection 11(1) but the defects in the application can reasonably be rectified:
 (a) the NRA must, as soon as practicable, give to an approved person notice in writing:
 (i) stating that the application does not comply with subsection 11(1); and
 (ii) giving particulars of the defects in the application; and
 (iii) requiring the defects to be rectified within one month or within such further period as the NRA allows; and
 (b) if the defects are not rectified to the satisfaction of the NRA within the period referred to in subparagraph (a)(iii), the NRA may:
 (i) defer consideration of the application; or
 (ii) treat the application as having been withdrawn;
  and, if it does either of those things, it must immediately give to the approved person notice in writing of its decision.

 (4) If it appears to the NRA from the preliminary assessment that the application does not comply with subsection 11(1) and that the defects in the application cannot reasonably be rectified, it may reject the application on the ground that the application has not been properly made and, if it does so, any fee paid in respect of the application (other than a component of the fee identified by the regulations as being in respect of the preliminary assessment) is repayable.

 (5) If the NRA rejects the application under subsection (4):
 (a) it must, as soon as practicable, give notice in writing to an approved person:
 (i) stating that the application has been rejected on the ground that it has not been properly made; and
 (ii) setting out the defects in the application; and
 (iii) giving brief particulars of the reasons why it considers that the application cannot reasonably be rectified; and
 (iv) telling the approved person that any fee paid in respect of the application (other than a component of the fee identified by the regulations as being in respect of the preliminary assessment) is repayable; and
 (b) it may return the application with the notice.

 (6) Section 168 provides for additional matters to be included in a notice under paragraph (3)(b) or (5)(a).

 (7)