74AMinister may request referral of a larger action

74A  Minister may request referral of a larger action  (1) If the Minister receives a referral in relation to a proposal to take an action by a person, and the Minister is satisfied the action that is the subject of the referral is a component of a larger action the person proposes to take, the Minister may decide to not accept the referral.  (2) If the Minister decides to not accept a referral under subsection (1), the Minister:  (a) must give written notice of the decision to the person who referred the proposal to the Minister; and  (b) must give written notice of the decision to the person who is proposing to take the action that was the subject of the referral; and  (c) may, under section 70, request of the person proposing to take the action that was the subject of the referral, that they refer the proposal, to take the larger action, to the Minister.  (3) To avoid doubt, sections 73 and 74 do not apply to a referral that has not been accepted in accordance with subsection (1).  (4) If the Minister decides to accept a referral under subsection (1), the Minister must, at the time of making a decision under section 75:  (a) give written notice of the decision to the person who referred the proposal to the Minister;  (b) publish in accordance with the regulations (if any), a copy or summary of the decision. 74AA  Offence of taking action before decision made in relation to referral etc. Referral made: taking action while decision making process still going on  (i) a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister by the person under section 68; or  (ii) a proposal to take the action (or a larger action of which the action is a component) has been referred to the Minister under section 69 or 71 and the person has been informed of the referral under section 73; and  (c) the referral has not been withdrawn under section 170C; and  (d) the Minister has not decided under subsection 74A(1) not to accept the referral; and  (e) provisions of this Chapter are not stopped by Division 1A from applying in relation to the referral; and  (f) provisions of this Chapter are not stopped by section 155 from applying because of the referral in relation to the action (or a larger action of which the action is a component); and  (g) no decision that the action (or a larger action of which the action is a component) is not a controlled action is in operation under section 75 in relation to the referral; and  (ga) either:  (i) no determination that the action may continue to be taken is in force under section 79E; or  (ii) such a determination is in force, but the action has been taken otherwise than in accordance with one or more of the conditions (if any) specified in the determination; and  (h) no decision is in operation under Part 9 in relation to the referral approving, or not approving, the taking of the action (or a larger action of which the action is a component). Penalty: 500 penalty units.  (2) Subsection (1) does not apply to the taking of an action by a person if:  (a) the taking of the action is reasonably necessary in order to comply with a requirement or request made under this Part or Part 8 or 9 in relation to the action (or a larger action of which the action is a component); and  (b) before taking the action, the person gave the Minister written notice of the taking of the action; and  (c) the notice was given in accordance with any applicable requirements of the regulations. Note: A defendant bears an evidential burden in relation to the matters in subsection (1): see subsection 13.3(3) of the Criminal Code. Referral requested: taking action before requested referral is made  (b) the Minister, under section 70, has requested the referral by the person of a proposal to take the action (or a larger action of which the action is a component) to the Minister; and  (c) the request has not been revoked; and  (d) the referral has not been made. Penalty: 500 penalty units.