Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41eh
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41EH
Character Range: 674622–675534

41EH  Treating applications as having been refused
 (1) The applicant for an application for a conformity assessment certificate may give the Secretary written notice that the applicant wishes to treat the application as having been refused if:
 (a) a period is prescribed under paragraph 63(2)(dc) for making a decision on the application; and
 (b) at the end of the period, the applicant has not been notified of a decision whether to issue the certificate.
 (2) The notice may be given at any time before the applicant is notified of the decision.
 (3) If a notice has been given, this Act (except for subsection 60(5)) has effect as if:
 (a) the Secretary had decided not to issue the certificate; and
 (b) the Minister had made a decision under subsection 60(3) confirming the decision of the Secretary; and
 (c) the Minister's decision had been made on the day on which notice was given to the Secretary.