Document ID: chunk:federal_register_of_legislation:C2024C00632:section:26be:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 26BE (pt 1/2)
Character Range: 268777–271583

26BE  Evaluation of whether to make recommendation for variation of a section 26BB determination

Decision by Secretary whether to make recommendation
 (3) If:
 (a) an application is made under subsection 26BD(1) for a recommendation by the Secretary that the Minister vary a section 26BB determination; and
 (aa) the application has passed preliminary assessment; and
 (b) any applicable prescribed evaluation fee has been paid; and
 (c) if further information is required to be given under subsection (3A) within a specified period—the information is given within that period;
the Secretary must carry out an evaluation of whether to make the recommendation.
 (3A) The Secretary may, by written notice given to a person who has made an application under subsection 26BD(1), require the person to:
 (a) give the Secretary such further information in connection with the application as is specified in the notice; and
 (b) do so within such reasonable period as is specified in the notice.
 (4) After carrying out the evaluation, the Secretary must:
 (a) make the recommendation; or
 (b) refuse to make the recommendation.
 (5) In deciding whether to make the recommendation, the Secretary must have regard to:
 (a) the quality and safety of the ingredients concerned; and
 (b) such other matters (if any) as the Secretary considers relevant.
 (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 evaluation fee in certain circumstances
 (5B) If:
 (a) an evaluation fee is prescribed for the purposes of paragraph (3)(b); and
 (b) regulations made for the purposes of paragraph 63(2)(daaa) prescribe a period within which a decision under paragraph (4)(a) or (b) must be made; and
 (c) the Secretary makes a decision under paragraph (4)(a) or (b) in relation to an application under subsection 26BD(1), but not within that period;
then 25% of the evaluation 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 a decision under paragraph (4)(a) or (b) must be made; and
 (b) at the end of that period, the Secretary has not made a decision under paragraph (4)(a) or (b) in relation to an application under subsection 26BD(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 a decision under paragraph (4)(a) or (b) in relation to the application is made.
 (5E) If a notice has been given under subsection (5C), this Act (except subsection 60(5))