12‑9 Application for approval as auditor12‑9 Application for approval as auditor not decided, or notice of decision not given, before commencement time

12‑9 Application for approval as auditor not decided, or notice of decision not given, before commencement time

(1) This section applies in relation to an application to the Secretary by an individual for approval as an approved auditor that had been made under subclause 2.1 of Schedule 10 to the old Export Control (Milk) Orders if: (a) no decision on the application had been made before the commencement time; or (b) a decision on the application had been made before the commencement time but written notice of the decision had not been given to the applicant before that time. Decision not made before commencement time (2) If no decision on the application had been made before the commencement time: (a) the application is taken after the commencement time to be an application made under subsection 9‑8(1) of this instrument to the Secretary to approve the individual, under subsection 273(1) of the Act, to conduct audits; and (b) subsections 9‑8(2) and (3) of this instrument do not apply in relation to the application. Decision made before commencement time but notice not given before that time (3) If a decision on the application had been made before the commencement time but the Secretary had not notified the applicant of the decision before that time, the Secretary must, as soon as practicable after that time, give the applicant written notice of the decision. (4) If the decision referred to in subsection (3) was to approve the applicant as an approved auditor: (a) the decision is taken to be a decision under paragraph 9‑9(1)(a) of this instrument; and (b) the Secretary must give the applicant a written notice in accordance with section 9‑12 of this instrument. (5) If the decision referred to in subsection (3) was to refuse to approve the applicant as an approved auditor, the decision is taken to be a decision under paragraph 9‑9(1)(b) of this instrument.

Note: A decision under paragraph 9‑9(1)(b) of this instrument to refuse to approve the applicant to conduct audits is a reviewable decision (see section 11‑1 of this instrument) and the Secretary must give the applicant written notice of the decision (see section 382 of the Act).