Document ID: chunk:federal_register_of_legislation:F2023C00357:reg:30
Version: federal_register_of_legislation:F2023C00357
Segment Type: reg
Provision Reference: reg 30
Character Range: 27057–29150

30  Secretary's decision on suspension
 (1) This section prescribes requirements for subsection 29(2) of the Act.
 (2) The Secretary may grant an application only if satisfied that:
 (a) compliance with the MSO would mean that the supply of one or more MSO products to fuel users has been, or is likely to be, disrupted; and
 (b) the applicant substantiates the need to suspend the MSO.
 (3) The Secretary must refuse an application if satisfied that:
 (a) the likely breach of the MSO by the applicant was caused, wholly or partially, by deficiencies in the entity's MSO compliance plan; or
 (b) the reasons for the suspension would be more appropriately dealt with by a decision under section 18 of the Act to reduce the quantity of stocks for one or more entities under the MSO.
Note: Each entity would need to make their own application under section 17 of the Act for this to occur.
 (4) In deciding whether to grant or refuse an application in circumstances covered by subsection (2), the Secretary must take into account:
 (a) the likelihood and impacts of disruption to fuel supply without a suspension; and
 (b) whether the applicant has taken all reasonable steps to avoid the need to suspend the MSO, including through arrangements under section 24 of the Act; and
 (c) any impacts on competition in the markets for MSO products from the suspension; and
 (d) that the period of any suspension should be no longer than reasonably necessary to address the reasons for suspension; and
 (e) whether implementing the MSO compliance plan will bring the applicant back into compliance in a timely manner; and
 (f) any other matters the Secretary considers relevant.
 (5) The Secretary must take all reasonable steps to make a decision on an application:
 (a) if further information has been required—within 30 days of that information being provided; and
 (b) otherwise—within 30 days after the application was made.
 (6) If appropriate, the Secretary may start the suspension period from a time after the reason for the suspension arose but before the decision on the suspension is made.