Document ID: chunk:federal_register_of_legislation:C2004A01067:clause:1_94
Version: federal_register_of_legislation:C2004A01067
Segment Type: clause
Provision Reference: sch 1 cl 94
Character Range: 21868–23475

94  Director taken to have made a decision after 12 months

 (1) If:
 (a) the Director decides to review the provision of services by a person; and
 (b) before the end of the period of 12 months after making the decision, the Director has not:
 (i) made a decision under section 91 to take no further action in relation to the review; or
 (ii) entered into an agreement with the person under section 92 (whether or not the agreement has been ratified by the Determining Authority); or
 (iii) referred the provision of one or more of the services to a Committee;
then, the Director is taken to have made a decision at the end of that period to take no further action in relation to the review.

Note: Sections 92A and 106R set out time limits for the ratification of agreements made under section 92.

 (2) If the review is suspended:
 (a) under paragraph 89A(2)(b); or
 (b) because of an injunction or other court order;
the Director may determine, in writing, that the period of 12 months referred to in subsection (1) is extended by a specified period that is not longer than the period of the suspension.

 (3) If a notice is given under subsection 89B(2) to the person under review, or to another person, and the person concerned fails to comply with a requirement of the notice, the Director may determine, in writing, that the period of 12 months referred to in subsection (1) is extended by a specified period that is not longer than the period during which the person fails to comply with the requirement.

 (4) This section does not apply in relation to a review undertaken because of section 89.