(1) The Secretary must consider a nomination made in accordance with this Division and must either:
(a) approve the nomination; or
(b) approve the nomination subject to conditions imposed under regulation 4BE; or
(c) refuse to approve the nomination.
(2) If the Secretary does not approve or refuse to approve the nomination within the decision period for the nomination, the Secretary is taken to have approved the nomination at the end of the decision period.
(3) However, subregulation (2) does not apply to a nomination which lapses under subregulation 4BB(4).
(4) If the Secretary refuses to approve a nomination, the Secretary must give to the applicant written notice of:
(a) the refusal; and
(b) reasons for the refusal.
(5) In subregulation (2):
"decision period" , for a nomination, means:
(a) if information about the nomination is not requested under either subregulation 4BB(1) or (3) within a period of 30 days beginning on the day on which the nomination is received by the Secretary--that period of 30 days; and
(b) in any other case--30 days beginning on the day on which the last information requested under regulation 4BB is received by the Secretary.
Note: An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation--see regulation 4CN.