12Withdrawal of application

12 Withdrawal of application

12 Withdrawal of application

(1) An applicant for a clearance may withdraw an application at any time by notice in writing to the Screening Agency in the form approved by the Screening Agency but the withdrawal of an application only has effect if the Screening Agency consents to its withdrawal.

(2) The Screening Agency must consent to the withdrawal of an application except in the following circumstances (and must refuse consent in those circumstances)—

(a) a clearance currently held by the applicant under this Act or a corresponding law is under suspension,

(b) the applicant’s most recent previous application for a clearance under this Act or a corresponding law was refused or the clearance most recently held by the applicant under this Act or a corresponding law was cancelled (other than cancellation at the request of the holder),

(c) the applicant is subject to an interim bar,

(d) the Screening Agency has notified or is proposing to notify the applicant that it proposes to refuse to grant a clearance to the applicant and has not yet determined the application,

(e) the Screening Agency is of the opinion that there is a reasonable likelihood that a risk assessment of the applicant will determine that the applicant poses a risk of harm to persons with disability.

(3) The Screening Agency may give written notice of the withdrawal of an application to any person that the Screening Agency reasonably believes to be a notifiable person in relation to the applicant.