35Deemed refusal of application for approval

35 Deemed refusal of application for approval

35 Deemed refusal of application for approval

(1) For the purposes of section 63(6) of the Act, the Secretary is taken to have refused approval if the Secretary fails to give the applicant for approval notice of a decision to grant or refuse approval within a period of 60 business days after the application is made or any longer period that the applicant consents to in writing.

(2) In calculating a period for the purposes of subclause (1), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.

(3) Subclause (1) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.