Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_61
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 61
Character Range: 31235–33778

61  Subsection 152AT(10)
Repeal the subsection, substitute:

Commission to make decision within 6 months

 (10) If the Commission does not make a decision on an application under subsection (1) within 6 months after receiving the application, the Commission is taken to have made, at the end of that 6‑month period, an order under paragraph (3)(a) in accordance with the terms of the application.

 (11) In calculating the 6‑month period referred to in subsection (10), disregard:
 (a) if the Commission has published the application under subsection (9)—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 application; and
 (b) if the Commission has requested further information under section 152AU in relation to the application—a day during any part of which the request, or any part of the request, remains unfulfilled.

Extension of decision‑making period

 (12) The Commission may, by written notice given to the applicant, extend or further extend the 6‑month period referred to in subsection (10), 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 application within that 6‑month period or that 6‑month period as previously extended, as the case may be.

 (13) As soon as practicable after the Commission gives a notice under subsection (12), the Commission must cause a copy of the notice to be made available on the Internet.

Notification of refusal of application

 (14) If the Commission makes a decision refusing an application under subsection (1), the Commission must give the applicant a written statement setting out the reasons for the refusal.

Note: For variation and revocation of orders, see subsection 33(3) of the Acts Interpretation Act 1901.

Note 1: The following heading to subsection 152AT(1) is inserted "Application for exemption order".

Note 2: The following heading to subsection 152AT(3) is inserted "Commission must make exemption order or refuse application".

Note 3: The following heading to subsection 152AT(4) is inserted "Criteria for making exemption order".

Note 4: The following heading to subsection 152AT(5) is inserted "Exemption orders".

Note 5: The following heading to subsection 152AT(8) is inserted "Expiry date for exemption order".

Note 6: The following heading to subsection 152AT(9) is inserted "Consultation".