(1) The Secretary is not required to consider or decide an application for approval as an approved course provider:
(a) if the application does not comply with section 28; or
(b) in circumstances set out in the rules.
(2) If the Secretary does not consider or decide an application, the Secretary must:
(a) give the applicant written notice of, and reasons for, not so considering or deciding; and
(b) refund any application fee for the application.
(3) The notice must be given within 30 days after the application is made, otherwise the Secretary must consider and decide the application.