40Decision on application

40 Decision on application

(1) If a person makes an application in accordance with section 39, and gives any further information as required under section 78, the Minister must decide whether to grant or refuse the application. (2) The Minister must, by written notice given to the person, grant the application if: (a) the person is a constitutional corporation; and (b) the person refines FSSP fuel at a refinery in Australia; and (c) the refining meets the requirements (if any) prescribed by the rules; and (d) any other requirements prescribed by the rules are met in relation to the application. (3) The notice must specify: (a) the refinery (the committed refinery); and (b) the person’s commitment period in relation to the committed refinery.

Note: A decision about the duration of a person’s commitment period is a reviewable decision and reasons and notice of review rights must be given (see sections 72 and 73).

(4) If the Minister decides to refuse the application, the Minister must give the person written notice of the decision.

Note: A decision to refuse an application is a reviewable decision and reasons and notice of review rights must be given (see sections 72 and 73).

(5) The Minister must take all reasonable steps to ensure that a decision is made on the application: (a) if the Minister required further information under subsection 78(1) in connection with the application—within 60 days after the person gave the Minister the information; or (b) otherwise—within 60 days after the application was made.