77Time limit on making orders and decisions

77 Time limit on making orders and decisions

Time limit on making orders or decisions (1) If a decision period starts in relation to an action (see subsection (6)), the Treasurer must not (subject to subsections (2) to (5)) make an order or decision under Division 2 relating to the action after the end of the decision period.

Note 1: For when the Treasurer may vary or revoke an order or no objection notification, see sections 74, 76, 76A and 79G.

Note 2: For further powers the Treasurer has after the expiry of the time limit in this section, see Division 3 of Part 3 (about last resort powers).

Longer time limit where interim order is made (2) However, if: (a) the Treasurer makes, or purports to make, an interim order in relation to the action on or before the end of the decision period; and (b) the interim order is registered in accordance with section 79M; the Treasurer must not make an order under section 67 or 69 or a decision under section 74 or 75 relating to the action after the end of the period specified in the interim order. No time limit if action taken during period (3) Subsections (1) and (2) do not apply if: (a) the decision period started because the Treasurer received a notice from a person stating that the action was proposed to be taken; and (b) the person took the action before the end of: (i) for a case to which subsection (1) applies—the decision period; or (ii) for a case to which subsection (2) applies—the period specified in the interim order. No time limit if order made during period (4) Subsections (1) and (2) do not apply if: (a) the Treasurer made an order (other than an interim order) or decision under Division 2 relating to the action on or before the end of: (i) for a case to which subsection (1) applies—the decision period; or (ii) for a case to which subsection (2) applies—the period specified in the interim order; and (b) the Treasurer also registers the order in accordance with section 79M, or gives a notification in accordance with subsection 74(3) or 75(3). Later decision periods (5) Subsections (1) and (2) do not prevent the Treasurer from making an order or decision in relation to an action at a time after the end of a period if the time is in: (a) another decision period that has started in relation to the action under subsection (6); or (b) a period specified in an interim order made, or purported to be made, during another decision period that has started in relation to the action under subsection (6).

Note: Under the table in subsection (6), there may be more than one decision period for an action. For example, a decision period might start in relation to an action under item 1 of the table and then later another decision period might start under item 5 of the table.