40Issue of OTN as the result of an application

#### 40 Issue of OTN as the result of an application Scope (1) This section applies if an application under section 38 has been made for an OTN. Issue of OTN (2) After considering the application, the Regulator may issue an OTN to the applicant. Criteria for issue of OTN (3) The Regulator must not issue the OTN unless: (a) the Regulator is satisfied that the applicant is, or is likely to be, permitted or required by this Act to quote the person’s OTN in relation to the supply to the person of an amount of natural gas, liquefied petroleum gas or liquefied natural gas; and (b) the Regulator has carried out the applicable identification procedure in respect of the applicant. Timing (4) The Regulator must take all reasonable steps to ensure that a decision is made on the application: (a) if the Regulator requires the applicant to give further information under subsection 39(1) in relation to the application—within 90 days after the applicant gave the Regulator the information; or (b) otherwise—within 90 days after the application was made. Refusal (5) If the Regulator decides to refuse to issue the OTN, the Regulator must give written notice of the decision to the applicant.