8BSecond instalment for certain withdrawn or rejected applications

8B Second instalment for certain withdrawn or rejected applications

(1) For the purposes of subsection 146(1A) of the Act, this regulation applies, despite subregulations 8A(3) and (4), to an application described in subregulation 8A(1) that: (a) is withdrawn under section 24 of the Act before the Authority makes a decision relating to the application under whichever of the following subsections of the Act applies in relation to the application (of its own force or because of section 43 of the Act): (i) subsection 33(1); (ii) subsection 35(1); (iii) subsection 52(1); or (b) is rejected by the Authority under paragraph 30(1)(b) or subparagraph 52(1)(a)(ii) of the Act (applying of its own force or because of section 43 of the Act). (2) The second instalment is: (a) if the Authority personnel variable work cost for the application, immediately before notice of the withdrawal is given to the Authority or notice of the rejection is given to the applicant, exceeds the amount of the first instalment attributable to column 2 of the relevant item of the table in subregulation 8(2) (variable component)—the excess; or (b) if paragraph (a) does not apply—nil. (3) The Authority must give the applicant a written notice that sets out the amount (if any) of the second instalment. (4) The second instalment is (if more than nil) due and payable 20 business days after the day the notice of withdrawal or rejection is given.