QLDIn ForceAct
Biosecurity Act 2014
sec.351Day for making and advising of decision
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### sec.351 Day for making and advising of decision
The chief executive must give an applicant for statutory compensation the chief executive’s decision on the application—
if the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or
if paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or
if neither paragraph (a) nor paragraph (b) applies—within 60 days after the chief executive receives the application.
Despite subsection (1) , the chief executive may, by notice given to the applicant, extend the period for making and advising a decision on the application by a further 60 days if the chief executive considers that the extension is justified because of the complexity of matters required to be considered in reaching the decision.
When the chief executive makes a decision on the application, it must be given to the applicant in the form of an information notice.
If the decision is that the applicant is entitled to be paid compensation, the information notice must state the amount of the compensation.
If the chief executive fails to give the applicant notice of the decision by the day required under subsection (1) or (2) —
the chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and
the applicant is entitled to receive an information notice for the decision under paragraph (a) .
(sec.351-ssec.1) The chief executive must give an applicant for statutory compensation the chief executive’s decision on the application— if the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or if paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or if neither paragraph (a) nor paragraph (b) applies—within 60 days after the chief executive receives the application.
(sec.351-ssec.2) Despite subsection (1) , the chief executive may, by notice given to the applicant, extend the period for making and advising a decision on the application by a further 60 days if the chief executive considers that the extension is justified because of the complexity of matters required to be considered in reaching the decision.
(sec.351-ssec.3) When the chief executive makes a decision on the application, it must be given to the applicant in the form of an information notice.
(sec.351-ssec.4) If the decision is that the applicant is entitled to be paid compensation, the information notice must state the amount of the compensation.
(sec.351-ssec.5) If the chief executive fails to give the applicant notice of the decision by the day required under subsection (1) or (2) — the chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and the applicant is entitled to receive an information notice for the decision under paragraph (a) .
- (a) if the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or
- (b) if paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or
- (c) if neither paragraph (a) nor paragraph (b) applies—within 60 days after the chief executive receives the application.
- (a) the chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and
- (b) the applicant is entitled to receive an information notice for the decision under paragraph (a) .