Document ID: chunk:federal_register_of_legislation:F2024C00913:reg:8:p106
Version: federal_register_of_legislation:F2024C00913
Segment Type: reg
Provision Reference: reg 8 (pt 106/133)
Character Range: 327880–330610

RACA's designation as a RACA; or
 (b) refuse to renew the RACA's designation as a RACA.

Matters to be taken into account
 (2) In making a decision on the application, the Secretary may take into account:
 (a) any further information provided by the RACA under paragraph 4.43D(4)(a); and
 (b) any further information obtained as a result of any inspections carried out under paragraph 4.43D(4)(b); and
 (c) any other information the Secretary considers relevant.

Notice of decision
 (3) The Secretary must:
 (a) notify the RACA, in writing, of the decision; and
 (b) do so within 90 days of the application being made.
Note: If the Secretary renews the RACA's designation as a RACA, the notice must include the duration of the renewed designation—see regulation 4.43G.
 (4) If the decision is to refuse the application, the notice must include the reasons for the decision.

Deemed refusal of application
 (5) If the Secretary does not make a decision under subregulation (1) within 90 days of the application being made the Secretary is taken to have refused to renew the RACA's designation as a RACA at the end of that period.
 (6) Paragraph (3)(a) does not apply to a decision that is taken to have been made because of subregulation (5).

Stopping the clock
 (7) If the Secretary has requested:
 (a) further information under paragraph 4.43D(4)(a); or
 (b) access for inspection of one or more of the RACA's sites under paragraph 4.43D(4)(b);
then, for the purposes of paragraph (3)(b) of this regulation and subregulation (5) of this regulation, the 90 day period is extended, for each request made under subregulation 4.43D(4), by the number of days falling within the period:
 (c) starting on the day on which the notice was given; and
 (d) ending on:
 (i) the day on which the information requested in the notice was received by the Secretary, or the inspection was conducted; or
 (ii) if the information or access was not provided within the period specified in the notice—the last day of that period.

4.43F  Designation continues until decision on renewal application
  If:
 (a) a RACA makes an application for renewal of the RACA's designation as a RACA under regulation 4.43D; and
 (b) the Secretary has not made a decision on the application before the RACA's designation is due to cease to be in force;
the RACA's designation is taken to continue until:
 (c) if the Secretary renews the RACA's designation as a RACA—the day specified in the notice under subregulation 4.43E(3) as the day on which the renewed designation commences; or
 (d) if the Secretary refuses to renew the RACA's designation as a RACA—the day the Secretary makes the decision to refuse the application.

4.43G  Duration of renewed designation