79EDetermination that certain reconsidered actions may continue to be taken

79E  Determination that certain reconsidered actions may continue to be taken

When determination may be made

 (1) If all of the following apply:

 (a) the Minister makes a decision (the first decision) under subsection 75(1) that an action that is the subject of a proposal (the original proposal) referred to the Minister is not a controlled action;

 (b) the Minister revokes the first decision under subsection 78(1) or 79C(1) and substitutes the first decision with a decision (the subsequent decision) under subsection 75(1) that:

 (i) the action is a controlled action; and

 (ii) one or more provisions of Part 3 are controlling provisions for the action;

 (c) the taking of the action commences before the subsequent decision is made;

 (d) the Minister is satisfied, based on information before the Minister at the time of making the determination, that allowing the action to continue in accordance with any conditions specified under subsection (2) would not be inconsistent with Australia’s obligations under a designated international agreement;

then the Minister may determine, in writing, that the action may continue to be taken.

Note: In some cases the first decision may have been that an action is not a controlled action because the Minister believed the action would be taken in the manner identified under subsection 77A(1) in the notice given under section 77.

Content of determination

 (2) The determination may specify conditions to which the taking of the action is subject.

 (3) The Minister must be satisfied that any conditions specified for the purposes of subsection (2) are necessary or convenient for:

 (a) protecting from the action any matter protected by a provision of Part 3 of this Act that the Minister has decided is a controlling provision for the action; or

 (b) repairing or mitigating damage that may or will be, or has been, caused by the action to any matter protected by a provision of Part 3 that the Minister has decided is a controlling provision for the action.

 (4) The determination must specify a day on which the determination ceases to be in force.

Note: The determination may cease to be in force earlier than the specified day (see paragraphs (7)(a) to (g)).

 (5) The determination must specify a period within which the original proposal may be withdrawn and a new proposal referred.

Note: This period is relevant to the determination continuing despite withdrawal of the original proposal (see paragraph 170C(5)(b)).

Variation of determination

 (6) The Minister may, in writing, vary the determination to specify: