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Biosecurity Act 2014
sec.402Failure to decide application
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### sec.402 Failure to decide application
Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.
Subsection (3) applies if—
a person has made an application to enter into a compliance agreement; and
the chief executive has, under section 399 (1) , required the applicant to give the chief executive further information or a document.
The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.
If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.
(sec.402-ssec.1) Subject to subsections (2) and (3) , if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.
(sec.402-ssec.2) Subsection (3) applies if— a person has made an application to enter into a compliance agreement; and the chief executive has, under section 399 (1) , required the applicant to give the chief executive further information or a document.
(sec.402-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.
(sec.402-ssec.4) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.
- (a) a person has made an application to enter into a compliance agreement; and
- (b) the chief executive has, under section 399 (1) , required the applicant to give the chief executive further information or a document.