sec.99Directions to referral agency

### sec.99 Directions to referral agency The Minister may, before or after the end of the period for a referral agency to assess an application, direct the referral agency— to reissue the referral agency’s response— if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or if the Minister considers the referral agency has contravened a period for taking an action under the process for administering the application—to take the action within a stated reasonable period. At the same time as the Minister gives the direction to the referral agency, the Minister must give a copy of the direction to— the applicant; and any other referral agency; and the decision-maker. s 99 amd 2025 No. 14 s 20 (sec.99-ssec.1) The Minister may, before or after the end of the period for a referral agency to assess an application, direct the referral agency— to reissue the referral agency’s response— if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or if the Minister considers the referral agency has contravened a period for taking an action under the process for administering the application—to take the action within a stated reasonable period. (sec.99-ssec.2) At the same time as the Minister gives the direction to the referral agency, the Minister must give a copy of the direction to— the applicant; and any other referral agency; and the decision-maker. - (a) to reissue the referral agency’s response— (i) if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or (ii) if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or (iii) if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or - (i) if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or - (ii) if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or - (iii) if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or - (b) if the Minister considers the referral agency has contravened a period for taking an action under the process for administering the application—to take the action within a stated reasonable period. - (i) if the Minister considers the response directs the imposition of a condition that does not comply with section 65 , 65AA or 66 —without the condition or with another condition; or - (ii) if the Minister considers the response is not within the referral agency’s functions—in a stated way to ensure the response is within the referral agency’s functions; or - (iii) if the Minister considers the referral agency has not adequately assessed the application—in a stated way that the Minister considers reflects an adequate assessment of the application; or - (a) the applicant; and - (b) any other referral agency; and - (c) the decision-maker.