Document ID: chunk:federal_register_of_legislation:C2025C00189:section:4
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 4
Character Range: 262532–264747

4                   A notice is given under subsection 44NBB(1) requesting information in relation to the application or consideration  The day on which the notice is given                    The last day of the period specified in the notice for the giving of the information

 (4) Despite subsection (3):
 (a) do not disregard any day more than once; and
 (b) the total period that is disregarded under that subsection must not exceed 60 days.

Stopping the clock by agreement
 (5) The Council, the applicant (if the Commission is not acting on its own initiative under paragraph 44NBA(1)(a)) and the provider of the service (if the provider is not the applicant) may agree in writing that a specified period is to be disregarded in working out the expected period.
 (6) The Council must publish, by electronic or other means, the agreement.

Council may extend time for making recommendation
 (7) If the Council is unable to make a recommendation within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the Commonwealth Minister, extend the consideration period by a specified period.
 (8) The notice must:
 (a) specify when the Council must now make its recommendation; and
 (b) include a statement explaining why the Council has been unable to make a decision on the recommendation within the consideration period.
 (9) The Council must give a copy of the notice to:
 (a) if the Commission is not acting on its own initiative under paragraph 44NBA(1)(a)—the applicant; and
 (b) if the applicant is not the provider of the service—the provider.

Publication
 (10) If the Council extends the consideration period under subsection (7), it must publish a notice in a manner that results in the notice being accessible to the public and reasonably prominent:
 (a) stating that it has done so; and
 (b) specifying the day by which it must now make a recommendation on the application.

Failure to comply with time limit does not affect validity
 (11) Failure by the Council to comply with a time limit set in this section does not affect the validity of a recommendation made under this section.