Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:2_12
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 25675–27419

12  After subsection 26BE(5)
Insert:
 (5A) If the Secretary refuses to make the recommendation, the Secretary must:
 (a) notify the applicant in writing of his or her decision; and
 (b) state in the notice the reasons for the decision.

Partial refund of application fee in certain circumstances
 (5B) If:
 (a) an application fee is prescribed for the purposes of paragraph (2)(d); and
 (b) regulations made for the purposes of paragraph 63(2)(daaa) prescribe a period within which recommendations under this section must be made; and
 (c) the Secretary makes a recommendation in relation to an application under subsection (1), but not within that period;
then 25% of the application fee must be refunded to the applicant.

Deemed refusal of applications in certain circumstances
 (5C) If:
 (a) regulations made for the purposes of paragraph 63(2)(daaa) prescribe a period within which recommendations under this section must be made; and
 (b) at the end of that period, the Secretary has not made a recommendation in relation to an application under subsection (1);
the applicant may give the Secretary written notice that the applicant wishes to treat the application as having been refused.
 (5D) A notice under subsection (5C) may be given at any time before the recommendation in relation to the application is made.
 (5E) If a notice has been given under subsection (5C), this Act (except subsection 60(5)) has effect as if:
 (a) the Secretary had decided not to make a recommendation under this section; 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 under subsection (5C).