Document ID: chunk:federal_register_of_legislation:C2024C00813:section:92
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 92
Character Range: 300595–302075

92  Consideration of application for extension of time to apply for ART review
 (1) If a person makes an extension application under section 91 in relation to an application for ART review, the ART must:
 (a) consider the extension application; and
 (b) within 60 days after the extension application is received by the ART, grant or refuse the extension application; and
 (c) if the extension application is granted—deal with the application for ART review.
 (1A) However, if the person applying is a resident of a reciprocating jurisdiction, the ART has 90 days, instead of 60 days, to act under paragraph (1)(b).
 (3) The ART must give written notice of the decision granting or refusing the extension application to the person who made the extension application.
 (4) If the ART refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect that:
 (a) subject to this Act and the ART Act, the person may apply to the ART for second review of the decision; and
 (b) the person may, under section 268 of the ART Act, request a statement of reasons for the decision.
 (5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
 (6) If an extension application under section 91 is granted, the applicant is, for the purposes of this Act and the ART Act, taken to have validly made the application for ART review in which the extension application was included.