379Dealing with applications

379  Dealing with applications

Period within which decision must be made

 (1) The Secretary must make a decision in relation to an application to which this Division applies (the relevant application) within the consideration period for the application if:

 (a) the application complies with the requirements referred to in subsections 377(1) and (2) for the application; and

 (b) the application has not been withdrawn.

Note: An application that does not comply with the requirements referred to in subsection 377(1) or (2) for the application is taken not to have been made (see subsection 377(4)).

 (2) If the Secretary does not make a decision in relation to the relevant application within the consideration period for the application, the Secretary is taken to have refused the application at the end of that period.

Consideration period—general

 (3) The consideration period for the relevant application is the period (the initial consideration period) prescribed by the rules for an application of that kind, as extended under subsection (5), (6), (7) or (8).

 (4) The consideration period for the relevant application starts on the day after the day the Secretary receives the application.

 (5) The initial consideration period for the relevant application is extended:

 (a) for each request made under paragraph (9)(a), (b), (c) or (e)—by the number of days in the period starting on the day the request was made and ending on:

 (i) the day the request was complied with; or

 (ii) if the request was not complied with within the period specified in the request—the last day of that period; and

 (b) for each thing referred to in paragraph (9)(b) that is done—by the number of days in the period during which the thing was done; and

 (c) for each test or analysis of samples taken under subparagraph (9)(b)(iv)—by the number of days in the period during which the testing or analysis was carried out; and

 (d) for each thing done under paragraph (9)(f)—by the number of days in the period during which the thing was done; and

 (e) for any other reason prescribed by the rules—by the number of days in the period prescribed by the rules in relation to that reason.

Consideration period—related applications

 (i) an application under section 111 to register an establishment for a kind of export operations in relation to a kind of prescribed goods; and

 (ii) an application under section 150 to approve a proposed arrangement for the same kind of export operations in relation to the same kind of prescribed goods; and

 (ii) the applications are not received at the same time but the second application is received before the end of the consideration period for the first application;