38Determination whether to refer submissions to panel

38 Determination whether to refer submissions to panel (1) The Minister must determine whether— (a) to refer the submissions to a panel; or (b) to proceed to determine the application under Division 3. (2) A determination under subsection (1) must be made— (a) within 28 days after the receipt of the request under section 37(1); or (b) if the Minister has requested further details under section 37(2), within 28 days after the receipt of those details.