Document ID: chunk:federal_register_of_legislation:C2024C00598:section:194q:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 194Q (pt 1/2)
Character Range: 520369–523017

194Q  Decision about inclusion of an item in the Subdivision A List

Minister to decide whether or not to include item
 (1) After receiving from the Scientific Committee an assessment under section 194N of an item, the Minister must:
 (a) include the item in the Subdivision A List concerned; or
 (b) in writing, decide not to include the item in the Subdivision A List concerned.
Note 1: Under this subsection the Minister can transfer an item already on a Subdivision A List to a different category in the List (see subsection 194B(1)).
Note 2: Sections 186, 187 and 188 contain rules about including items in a Subdivision A List.
 (2) If, under subsection (1), the Minister transfers an item to a category of the Subdivision A List, the Minister must at the same time delete the item from the category in which it was included before the transfer.
 (3) Subject to subsection (4), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.
 (4) The Minister may, in writing, extend or further extend the period for complying with subsection (1).
 (5) Particulars of an extension or further extension under subsection (4) must be published on the internet and in any other way required by regulations.
 (6) For the purpose of deciding what action to take under subsection (1) in relation to the item:
 (a) the Minister must have regard to:
 (i) the Scientific Committee's assessment of the item; and
 (ii) the comments (if any), a copy of which were given to the Minister under subsection 194N(1) with the assessment; and
 (b) the Minister may seek, and have regard to, information or advice from any source.

Additional requirements if Minister decides to include item
 (7) If the Minister includes the item in the Subdivision A List, he or she must, within a reasonable time:
 (a) if the item was nominated by a person in response to a notice under subsection 194E(1)—advise the person that the item has been included in the Subdivision A List; and
 (b) publish a copy of the instrument referred to in paragraph (1)(a) on the internet; and
 (c) publish a copy or summary of that instrument in accordance with any other requirements specified in the regulations.

Additional requirements if Minister decides not to include item
 (8) If the Minister decides not to include the item in the Subdivision A List, the Minister must, within 10 business days after making the decision:
 (a) publish the decision on the internet; and
 (b) if the item was nominated by a person in response to a notice under subsection 194E(1)—advise the person of the decision, and of the reasons for