Document ID: chunk:federal_register_of_legislation:C2004A00849:clause:1_84
Version: federal_register_of_legislation:C2004A00849
Segment Type: clause
Provision Reference: sch 1 cl 84
Character Range: 183617–184938

84  At the end of section 70
Add:

Deemed referral of proposal

 (3) If:
 (a) the Minister has made a request under subsection (1); and
 (b) the period for compliance with the request has ended; and
 (c) the requested person has not referred the proposal to the Minister in accordance with the request;
the Minister may, within 20 business days after the end of that period, determine in writing that this Act has effect as if:
 (d) if paragraph (1)(a) applies—the requested person had referred the proposal to the Minister under subsection 68(1) at the time the determination was made; or
 (e) if paragraph (1)(b) applies—the requested person had referred the proposal to the Minister under subsection 69(1) at the time the determination was made.

 (4) A determination under subsection (3) has effect accordingly.

 (5) A copy of a determination under subsection (3) is to be given to the requested person.

 (6) Subsection 68(3) and section 72 do not apply to a referral covered by subsection (3) of this section.

 (7) Despite subsection 74(4), section 74 applies to a referral covered by subsection (3) of this section.

 (8) Subsection 74(3) applies to a referral covered by subsection (3) of this section as if the reference in paragraph 74(3)(a) to the referral were a reference to the determination concerned.