Document ID: chunk:federal_register_of_legislation:F2025C00036:reg:4:p1
Version: federal_register_of_legislation:F2025C00036
Segment Type: reg
Provision Reference: reg 4 (pt 1/2)
Character Range: 258981–262228

4                                                                                                                         IN4 application      Within 40 working days after the Secretary receives the application  The period of 180 working days beginning on the later of the following days:
                                                                                                                                                                                                                    (a) the day the Secretary notifies the applicant that the application has passed preliminary assessment;
                                                                                                                                                                                                                    (b) the day the evaluation fee is paid for the application

 (1A) If:
 (a) an application (the current application) is made under subsection 26BD(1) of the Act in relation to an ingredient; and
 (b) the Secretary gives a notice under subsection 26BD(5) of the Act to the applicant stating that the current application has passed preliminary assessment; and
 (c) at the time the Secretary gives the notice, there is no determination in force under subsection 26BB(1) of the Act in relation to that ingredient; and
 (d) at the time the Secretary gives the notice, there are one or more other applications (each of which is a related application) that:
 (i) have already been made under subsection 26BD(1) of the Act in relation to that ingredient; and
 (ii) have already been the subject of notices given under subsection 26BD(5) of the Act; and
 (iii) have not been finally determined;
then a decision on whether to make a recommendation on the current application must be made within the period of:
 (e) if the current application is an IN1 application—70 working days beginning on the later of the start day and the day the evaluation fee is paid for the current application; or
 (f) if the current application is an IN2 application—120 working days beginning on the later of the start day and the day the evaluation fee is paid for the current application; or
 (g) if the current application is an IN3 application—150 working days beginning on the later of the start day and the day the evaluation fee is paid for the current application; or
 (h) if the current application is an IN4 application—180 working days beginning on the later of the start day and the day the evaluation fee is paid for the current application.
 (1B) For the purposes of this regulation, the start day is:
 (a) the day after all the related applications have been finally determined, unless paragraph (b) applies; or
 (b) if a determination is made under subsection 26BB(1) of the Act in relation to the ingredient—the day on which that determination commences.
 (1C) For the purposes of this regulation, an application is finally determined when the application, and any applications for review or appeals arising out of it, have been finally determined or otherwise disposed of.
 (2) A failure to make a decision on whether to make a recommendation on an application within the period applicable under this regulation does not make the Commonwealth,