Document ID: chunk:federal_register_of_legislation:C2010A00102:clause:1_3
Version: federal_register_of_legislation:C2010A00102
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 46619–49190

3                   A notice is given under subsection 44K(6A), 44L(5A), 44LJ(6), 44LK(6), 44O(5A), 44PG(5A), 44PH(5A), 44ZP(5A), 44ZX(5A) or 44ZZBF(5A) requiring information or a report to be given in relation to the review  The day on which the notice is given                    The last day of the period specified in the notice for the giving of the information or the report

 (4) Despite subsection (3), do not disregard any day more than once.

Stopping the clock by agreement
 (5) The following may agree in writing that a specified period is to be disregarded in working out the expected period:
 (a) the Tribunal;
 (b) the person who applied for review;
 (c) if the application is made under section 44K, 44L, 44LJ, 44LK or 44O—the Council;
 (d) if the application is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF—the Commission;
 (e) any other person who has been made a party to the proceedings for review by the Tribunal.
 (6) The Tribunal must publish, by electronic or other means, the agreement.

Extension of time for making decision
 (7) If the Tribunal is unable to make a decision on an application for review within the consideration period (whether it is the expected period or the consideration period as previously extended under this subsection), it must, by notice in writing to the designated Minister, extend the consideration period by a specified period.
 (8) The notice must:
 (a) specify when the Tribunal must now make its decision on the application for review; and
 (b) include a statement explaining why the Tribunal has been unable to make a decision on the review within the consideration period.
 (9) The Tribunal must give a copy of the notice to:
 (a) the person who applied for review; and
 (b) if the application for review is made under section 44K, 44L, 44LJ, 44LK or 44O—the Council; and
 (c) if the application for review is made under section 44PG, 44PH, 44ZP, 44ZX or 44ZZBF—the Commission; and
 (d) any other person who has been made a party to the proceedings for review by the Tribunal.

Publication
 (10) If the Tribunal extends the consideration period under subsection (7), it must publish a notice in a national newspaper:
 (a) stating that it has done so; and
 (b) specifying the day by which it must now make a decision on the application for review.

Failure to comply with time limit does not affect validity
 (11) Failure by the Tribunal to comply with a time limit set in this section does not affect the validity of a decision made by the Tribunal under this Part.

Part 2—Application of amendments