sec.168BInformation to be considered by authority in making decisions

### sec.168B Information to be considered by authority in making decisions This section applies to the making of any of the following decisions by the authority— a decision to make a recommendation to the Minister under section 79 , 87A or 88 ; an access determination; a decision to approve, or refuse to approve, a draft access undertaking under section 134 , 136 , 140 or 142 ; a decision about whether to make a ruling under division 7A . Subsection (3) applies if a person makes a submission, or gives information, ( late information ) to the authority after the period for making the submission or giving the information stated by the authority. The authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances. For subsection (3) , in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account— whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ; the length, complexity and relevance of the late information; how much time has elapsed since the period mentioned in subsection (2) ended; how advanced the authority’s decision making process is when the late information is received. Subsection (6) applies if— the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and the person fails to comply with the requirement. The authority may make the decision on the basis of the information available to it at the time. s 168B ins 2010 No. 32 s 58 amd 2013 No. 39 s 43 sch 1 (sec.168B-ssec.1) This section applies to the making of any of the following decisions by the authority— a decision to make a recommendation to the Minister under section 79 , 87A or 88 ; an access determination; a decision to approve, or refuse to approve, a draft access undertaking under section 134 , 136 , 140 or 142 ; a decision about whether to make a ruling under division 7A . (sec.168B-ssec.2) Subsection (3) applies if a person makes a submission, or gives information, ( late information ) to the authority after the period for making the submission or giving the information stated by the authority. (sec.168B-ssec.3) The authority may make the decision without taking late information into account if doing so is reasonable in all of the circumstances. (sec.168B-ssec.4) For subsection (3) , in deciding whether it is reasonable in all of the circumstances, the following factors must be taken into account— whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ; the length, complexity and relevance of the late information; how much time has elapsed since the period mentioned in subsection (2) ended; how advanced the authority’s decision making process is when the late information is received. (sec.168B-ssec.5) Subsection (6) applies if— the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and the person fails to comply with the requirement. (sec.168B-ssec.6) The authority may make the decision on the basis of the information available to it at the time. - (a) a decision to make a recommendation to the Minister under section 79 , 87A or 88 ; - (b) an access determination; - (c) a decision to approve, or refuse to approve, a draft access undertaking under section 134 , 136 , 140 or 142 ; - (d) a decision about whether to make a ruling under division 7A . - (a) whether the late information was available, or ought reasonably to have been available, to the person during the period mentioned in subsection (2) ; - (b) the length, complexity and relevance of the late information; - (c) how much time has elapsed since the period mentioned in subsection (2) ended; - (d) how advanced the authority’s decision making process is when the late information is received. - (a) the authority has required a person to give information, or produce a document, to it for the purpose of making the decision; and - (b) the person fails to comply with the requirement.