Queensland Consolidated Acts

FOOD ACT 2006 - SECT 108

108 Further consideration of application

(1) This section applies if the local government considers more time is needed to make a decision about the application because of the complexity of the matters that need to be considered in deciding the application.

(2) The local government may at any time before the final consideration day give notice to the applicant that—

(a) because of the complexity of the matters that need to be considered in deciding the application, the local government needs more time to decide the application; and

(b) the period within which the local government must decide the application is extended to a day (the
"extended day" ) that is 30 days after the final consideration day.

(3) Also, the applicant and local government may at any time before the final consideration day agree in writing on a day (the
"agreed extended day" ) by which the application must be decided.

(4) The local government is taken to have refused to accredit the food safety program if the local government does not decide the application by the latest of the following days—

(a) if the local government has given a notice to the applicant under subsection (2) —the extended day;

(b) if there is an agreement between the applicant and the local government under subsection (3) —the agreed extended day;

(c) if both subsections (2) and (3) apply—the later of the extended day and the agreed extended day.

(5) In this section—

"final consideration day" means the latest of the following days—

(a) the day that is 30 days after receipt of the application;

(b) if the local government has, under section 105 (1) , required the applicant to give the local government further information or a document—the day that is 30 days after the local government receives the further information or document.