165Period within which APVMA is to determine applications

#### 165 Period within which APVMA is to determine applications (1) When an application is made under this Code to the APVMA, the APVMA must determine the application within a period stated in, or determined in accordance with, the regulations. (1A) The APVMA may make a legislative instrument setting out criteria for working out which period stated in, or determined in accordance with, the regulations made for the purposes of subsection (1) applies in a particular case. (2) In working out the period within which an application has to be determined, no regard is to be had to: (b) if the APVMA has, before the application was made, published a notice in the Gazette under subsection 69EP(2) of the Agricultural and Veterinary Chemicals (Administration) Act 1992 in relation to a hearing that is relevant to the determination of the application and the hearing did not finish before the application was made—the period beginning when the application was made and ending when the hearing finished; and (c) if the APVMA has, after the application was made, published such a notice in the Gazette—the period beginning when the notice was published and ending when the hearing finished; and (d) if the APVMA has given written notice to an applicant under subsection 8S(1)—the 28 day period after the notice is given, or such further period as is specified in the notice, within which submissions may be made. (3) If, at the end of the period referred to in subsection (1), the application has not been determined, the applicant may give the APVMA written notice that the applicant wishes to treat the application as having been refused. (4) The notice may be given at any time after the end of the period referred to in subsection (1) and before the application is determined. (5) If the notice is given, this Code has effect as if: (a) the APVMA had refused the application; and (b) the APVMA had confirmed the refusal under section 166; and (c) the decisions mentioned in paragraphs (a) and (b) had been made on the day on which notice was given to the APVMA under subsection (3).