Queensland Consolidated Acts

FOOD ACT 2006 - SECT 134A

134A Further consideration of application

(1) This section applies if the chief executive 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.

Example of an application likely to raise complex matters—

an application requiring the chief executive to obtain and consider further information about the applicant from an entity administering a corresponding law

(2) The chief executive 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 chief executive needs more time to decide the application; and

(b) the period within which the chief executive 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 chief executive 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 chief executive is taken to have refused to grant the application if the chief executive does not decide the application by—

(a) if the chief executive has given a notice to the applicant under subsection (2) —the extended day; or

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

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

(5) If the application is refused under subsection (4) , the applicant is entitled to be given an information notice by the chief executive for the decision.

(6) In this section—

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

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

(b) if the chief executive has, under section 132 (1) (b) , required the applicant to give the chief executive further information or a document—the day that is 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.