41Varying the assessment certificate

41 Varying the assessment certificate

(1) This section applies in relation to an application under section 43 of the new law to vary a term of the assessment certificate (other than an application that is taken to have been made under section 43 of the new law in accordance with section 38 of this instrument). (2) Paragraph 44(2)(a) of the new law applies in relation to the application as if the reference in that paragraph to 70 working days were instead a reference to 20 working days.

Note: For circumstances affecting the calculation of the consideration period, see section 83 of this instrument, and section 169 of the new law.

(3) Paragraphs 44(3)(c), (d) and (e), and sections 46, 47 and 48, of the new law do not apply in relation to the application. (4) Section 49 of the new law applies in relation to the application as if: (a) subsection 49(4) were limited to a requirement to give written notice of the decision; and (b) if the assessment certificate is issued under the new law in accordance with item 21 of Schedule 2 to the transitional Act—subsection 49(6) does not apply.

Note: Subsection 49(6) of the new law also does not apply in relation to an assessment certificate that is taken to be issued under the new law in accordance with item 19 of Schedule 2 to the transitional Act: see item 20 of that Schedule.