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Biosecurity Act 2014
sec.458Failure to decide application
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### sec.458 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—
an auditor has made an application for renewal of the auditor’s approval; and
the chief executive has, under section 457 (1) , required the auditor 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 auditor is entitled to be given an information notice by the chief executive for the decision.
(sec.458-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.458-ssec.2) Subsection (3) applies if— an auditor has made an application for renewal of the auditor’s approval; and the chief executive has, under section 457 (1) , required the auditor to give the chief executive further information or a document.
(sec.458-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.458-ssec.4) If the application is taken to be refused under this section, the auditor is entitled to be given an information notice by the chief executive for the decision.
- (a) an auditor has made an application for renewal of the auditor’s approval; and
- (b) the chief executive has, under section 457 (1) , required the auditor to give the chief executive further information or a document.