Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 44LD

Council to make recommendation within the consideration period

  (1)   The Council must make a recommendation on an application under section   44LB within the consideration period.

  (2)   The consideration period is a period of 180 days (the expected period ), starting at the start of the day the application is received, unless the consideration period is extended under subsection   (7).

Stopping the clock

  (3)   In working out the expected period in relation to a recommendation on an application under section   44LB, in a situation referred to in column 1 of an item of the following table, disregard any day in a period:

  (a)   starting on the day referred to in column 2 of the item; and

  (b)   ending on the day referred to in column 3 of the item.

 

Stopping the clock
Item	Column 1 Situation	Column 2 Start day	Column 3 End day
1	An agreement is made in relation to the application under subsection   (5)	The first day of the period specified in the agreement	The last day of the period specified in the agreement
2	A notice is given under subsection   44LC(1) requesting information in relation to the application	The day on which the notice is given	The last day of the period specified in the notice for the giving of the information

  (4)   Despite subsection   (3):

  (a)   do not disregard any day more than once; and

  (b)   the total period that is disregarded under that subsection must not exceed 60 days.

Stopping the clock by agreement

  (5)   The Council and the applicant may agree in writing that a specified period is to be disregarded in working out the expected period.

  (6)   The Council must publish, by electronic or other means, the agreement.

Extension of time for making decision

  (7)   If the Council is unable to make a recommendation within the consideration period (whether it is the expected period or it has been previously extended under this subsection), it must, by notice in writing to the designated Minister, extend the consideration period by a specified period.

  (8)   The notice must:

  (a)   specify when the Council must now make a recommendation on the application; and

  (b)   include a statement explaining why the Council has been unable to make a decision on the recommendation within the consideration period.

  (9)   The Council must give a copy of the notice to:

  (a)   the applicant; and

  (b)   if the applicant is not the person who is, or expects to be, the provider--that person.

Publication

  (10)   If the Council extends the consideration period under subsection   (7), it must publish a notice in a manner that results in the notice being accessible to the public and reasonably prominent:

  (a)   stating that it has done so; and

  (b)   specifying the day by which it must now make a recommendation on the application.

Failure to comply with time limit does not affect validity

  (11)   Failure by the Council to comply with a time limit set in this section does not affect the validity of a recommendation made under this section.