98Deferral of approvals

98  Deferral of approvals

 (1) A decision-maker must consider whether it is appropriate, in the circumstances, to defer all or part of a decision to grant an approval.

Note: For instance, deferral may be appropriate where the decision-maker does not have enough information to give the request proper consideration, or to be satisfied that granting an approval would be consistent with this Part, but has reason to believe that the necessary information will become available in due course.

 (2) Where a request relates to criminal proceedings, the decision-maker must, unless they consider this inappropriate in the circumstances, defer the decision as to whether to grant an approval to the eligible person for any damages, fines, penalties or costs awarded against them until the proceedings are concluded.

Parties must have separate representation while decision deferred

 (3) Where:

 (a) a decision is wholly or partly deferred; and

 (b) the responsible entity is or becomes a party to the proceedings, inquest, inquiry or the matter giving rise to the compulsory notice in question;

the entity must not, during the deferral period, have the same legal representation as the eligible person.