109Period within which consideration of applications for standards or variations must be completed

#### 109 Period within which consideration of applications for standards or variations must be completed Applications must be considered within the consideration period (1) If the Authority accepts an application under section 26 or 47 for the development of a standard or the variation of a standard, the Authority must complete the procedure that the Authority must, under Subdivision C of Division 1, adopt in the consideration of the application within the consideration period. Consideration period (2) The consideration period begins: (a) if an exclusive capturable commercial benefit would be conferred on the applicant as a result of the development of the resulting standard or variation—on the day on which the charge under section 146 in relation to the application is paid or, if the charge is payable in instalments, the first instalment is paid; and (b) if the applicant elects to have the consideration of the application expedited—on the day on which the charge under section 146 in relation to the application is paid or, if the charge is payable in instalments, the first instalment is paid; and (c) in any other case, on the day on which the Authority begins its assessment of the application under section 29. (3) The consideration period ends 12 months after it begins or, if a shorter period is prescribed, at the end of that shorter period. Extension for consideration of new standard or major variation (4) If the application is one to which Subdivision F of Division 1 applies (an application for the development of a new standard or a major variation), the Authority may extend the consideration period, if it is not practicable for the general procedure, as modified by that Subdivision, to be completed within the period specified under subsections (2) and (3). (5) The maximum period for which an extension may be given under subsection (4) is 6 months. Stopping the clock (6) If the Authority requests an applicant to provide it with further information under section 108, the time taken by the applicant to provide the information is not to be included in the consideration period. (7) If an instalment of a charge under section 146 is due, but not paid, the time during which it remains unpaid is not to be included in the consideration period. (8) If an application is made to the Administrative Review Tribunal for the review of a decision of the Authority made in connection with the preparation of a draft standard or a draft variation of a standard, the period beginning on the day on which the application for review is made and ending on the day on which it is finalised is not to be included in the consideration period. (8A) If an application is made under section 123 of the Administrative Review Tribunal Act 2024 for the President of the Administrative Review Tribunal to refer a decision to the guidance and appeals panel for review, the consideration period does not include the period: (a) beginning on the day on which the application is made; and (b) ending on the day on which the President refers the decision to the guidance and appeals panel or refuses the application, as the case may be. (9) If the Forum on Food Regulation notifies the Authority that it is formulating policy guidelines for the purposes of paragraph 18(2)(e): (a) the Authority may, subject to subsections (9A) and (9B), suspend its consideration of any application which, in the opinion of the Authority, would be affected by the guidelines once formulated; and (b) if the Authority suspends its consideration of an application, notify the applicant of the suspension, and the period of the suspension. (9A) If: (a) an applicant has applied for the development or variation of a standard; and (b) an exclusive capturable commercial benefit would be conferred on the applicant if the standard were made or varied in the manner sought in the application; and (c) either: (i) the charge under section 146 in relation to the application is paid; or (ii) in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid; the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension. (9B) If: (a) an applicant elects to have the consideration of his or her application expedited; and (b) either: (i) the charge under section 146 in relation to the application is paid; or (ii) in a case where the charge is payable in instalments—each instalment that is due and payable in relation to the application is paid; the Authority must not suspend its consideration of the application unless the applicant first consents to that suspension. (10) The suspension begins on the day on which the Authority is notified by the Forum on Food Regulation and ends on the day on which: (a) the Forum notifies the Authority of the policy guidelines; or (b) the Forum notifies the Authority that it has decided not to proceed with the policy guidelines; or (c) a period of 18 months, beginning on the day on which the Authority was notified under subsection (9), has elapsed. (11) The period during which the consideration of the application is suspended is not to be included in the consideration period.