Document ID: chunk:federal_register_of_legislation:C2007A00099:clause:1_72c
Version: federal_register_of_legislation:C2007A00099
Segment Type: clause
Provision Reference: sch 1 cl 72C
Character Range: 10258–12715

72C  Period of effect of emergency dealing determination

 (1) An emergency dealing determination takes effect:
 (a) on the day on which the emergency dealing determination is made; or
 (b) on a later day that is specified in the emergency dealing determination.

 (2) An emergency dealing determination ceases to have effect:
 (a) subject to subsection (3), at the end of the period of 6 months starting when the emergency dealing determination takes effect; or
 (b) at the end of the period specified by the Minister in the emergency dealing determination; or
 (c) when the emergency dealing determination is revoked;
whichever occurs first.

 (3) The Minister may, by legislative instrument, extend the period of effect of an emergency dealing determination.

 (4) The Minister may extend the period of effect of an emergency dealing determination under subsection (3) more than once, but each single such extension must not exceed 6 months.

 (5) The Minister may extend the period of effect of an emergency dealing determination only if:
 (a) the Minister has received advice from the original adviser in relation to the emergency dealing determination that the threat to which the determination relates still exists, and that the proposed extension would, or would be likely to, adequately address the threat; and
 (b) the Minister is satisfied that the threat still exists, and that the proposed extension would, or would be likely to, adequately address that threat; and
 (c) the Minister has received advice from the Regulator that any risks posed by the proposed extension are able to be managed in such a way as:
 (i) to protect the health and safety of people; and
 (ii) to protect the environment; and
 (d) the Minister is satisfied that any risks posed by the proposed extension are able to be managed in such a way as:
 (i) to protect the health and safety of people; and
 (ii) to protect the environment; and
 (e) a majority of jurisdictions agree to the extension.

 (6) A legislative instrument extending the period of effect of an emergency dealing determination takes effect at the time when the determination would have ceased to have effect but for the extension.

 (7) In subsection (5):

original adviser, in relation to an emergency dealing determination, means the person who gave the advice mentioned in paragraph 72B(2)(a) in relation to the determination.

Division 3—Effect and conditions of emergency dealing determination