52JDetermination of applications for variation of conditions on recognition

#### 52J Determination of applications for variation of conditions on recognition 52J Determination of applications for variation of conditions on recognition > > (1) The Secretary must give an applicant for variation of a condition on recognition written notice of a decision to grant or refuse an application for variation within 28 business days of making the decision. > > > (2) If the Secretary fails to give the applicant notice of a decision to grant or refuse the variation within 60 business days after the application is made, the Secretary is taken to have refused to grant the variation. > > > (3) In calculating the period under subclause (2), a period beginning on the day on which the Secretary makes a written request for further information from the applicant and ending on the day on which the information is provided, or the applicant refuses to provide the information, must not be included. > > > (4) Subclause (2) does not prevent the Secretary from continuing to deal with an application after the expiry of the period. > > > (5) A variation of a condition on recognition takes effect— > > > > > (a) at the time specified in the written notice, or > > > > > (b) when the notice is served on the recognised engineering body if— > > > > > > > (i) no time is specified in the notice, or > > > > > > > (ii) the notice is served on the recognised engineering body after the time specified in the notice. > > **cl 52J:** Ins 2022 (62), Sch 1\[8\].