Document ID: chunk:federal_register_of_legislation:C2024C00632:section:26be:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 26BE (pt 2/2)
Character Range: 271351–272662

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)) has effect as if:
 (a) the Secretary had decided not to make a recommendation under this section; and
 (b) the Minister had made a decision under subsection 60(3) confirming the decision of the Secretary; and
 (c) the Minister's decision had been made on the day on which notice was given to the Secretary under subsection (5C).

Minister may vary determination
 (6) If the Secretary makes a recommendation under paragraph (4)(a), the Minister must:
 (a) by legislative instrument, vary the section 26BB determination; or
 (b) refuse to vary the section 26BB determination.
 (7) In making a decision under subsection (6), the Minister must have regard to:
 (a) the recommendation made under paragraph (4)(a); and
 (b) such other matters (if any) as the Minister considers relevant.

Information may be given electronically
 (9) A notice mentioned in subsection (3A) may require or permit information to be given in accordance with specified software requirements:
 (a) on a specified kind of data processing device; or
 (b) by way of a specified kind of electronic transmission.