Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95ar:p1
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AR (pt 1/3)
Character Range: 31243–34156

95AR  Minor variations of clearances

Application for variation

 (1) A person to whom a clearance was granted may apply to the Commission for a minor variation of the clearance.

Requirements for valid application

 (2) To be valid, the application must:
 (a) be in a form prescribed by the regulations and contain the information required by the form; and
 (b) be accompanied by such other information or documents as are prescribed by the regulations; and
 (c) be accompanied by the fee (if any) prescribed by the regulations.

 (2A) The regulations may prescribe that the application form contain a requirement that the applicant give an undertaking under section 87B that the applicant will not make the acquisition while the application is being considered by the Commission.

Commission to notify if application is invalid

 (3) If the Commission receives a purported application that it considers is not a valid application, it must, within 5 business days of receiving the purported application, give the person who made the purported application a written notice:
 (a) stating that the person has not made a valid application; and
 (b) giving reasons why the purported application does not comply with this Division.

Application to be published on the Internet

 (4) The Commission must, if it is satisfied that the variation sought in the application is a minor variation:
 (a) subject to section 95AI (confidentiality), put a copy of the application on its website; and
 (b) by notice on its website, invite submissions in respect of the application within a period specified by it.

Commission must make a determination on the application

 (5) The Commission must make a determination in writing:
 (a) varying the clearance; or
 (b) refusing to vary the clearance.
The Commission must notify the applicant in writing of its determination and give written reasons for it.

 (5A) In making its determination, the Commission must take into account:
 (a) any submissions received within the period specified under subsection (4); and
 (b) any information received under section 95AJ within the period specified in the relevant notice under that section (as that section applies because of subsection (11) of this section); and
 (c) any information received under subsection 95AK(1) within the period specified in the relevant notice under that subsection (as that subsection applies because of subsection (11) of this section); and
 (d) any information obtained from consultations under subsection 95AK(2) (as that subsection applies because of subsection (11) of this section).

 (5B) In making its determination, the Commission may disregard:
 (a) any submissions received after the period specified under subsection (4); and
 (b) any information received under section 95AJ after the period specified in the relevant notice under that section (as that section applies because of subsection (11)