Document ID: chunk:federal_register_of_legislation:C2024C00855:section:40a:p2
Version: federal_register_of_legislation:C2024C00855
Segment Type: section
Provision Reference: s 40A (pt 2/2)
Character Range: 88128–89593

business days worked out using the following formula (rounding up to the nearest whole number):
where:
application cap means the number applicable under subparagraph (4)(b)(i) or (ii).
items requested means the number of items that the Director‑General reasonably believes describe the records covered by the one or more applications mentioned in paragraph (4)(b) in relation to the extension.
unextended initial period means the number of business days in the initial period under subparagraph (1)(a)(i) or (ii), disregarding any extensions under this section.

Varying or revoking extensions under subsection (4)
 (7) The Director‑General may vary or revoke an extension under subsection (4) by written notice given to the applicant before the end of the period of the extension. This subsection does not limit subsection 33(3) of the Acts Interpretation Act 1901.
 (8) For the purposes of applying subsection (6) in relation to an extension that is varied under subsection (7), the number of items mentioned in paragraph (4)(b) is to be determined on the basis of applications made by the applicant as at the time of the variation.

Matters to be taken into account for extensions under subsection (4)
 (9) The Director‑General must take into account the matters (if any) prescribed by the regulations for the purposes of this subsection in:
 (a) extending an application's initial period under subsection (4); or
 (b) varying an extension under that subsection.