Queensland Consolidated Acts

FOOD ACT 2006 - SECT 61

61 Failure to decide application

(1) Subject to subsections (2) and (3) , if the local government fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the local government to refuse to grant the application.

(2) Subsection (3) applies if—

(a) a person has made an application for a licence; and

(b) the local government has, under section 59 (1) (b) , required the applicant to give the local government further information or a document.

(3) The local government is taken to have refused to grant the application if the local government does not decide the application within 30 days after the local government receives the further information or document verified, if required, by statutory declaration.

(4) If the application is refused under this section, the applicant is entitled to be given an information notice by the local government for the decision.

(5) This section is subject to sections 62 and 66 .

Note—

Under section 66 , the period for consideration of the application may be extended to the end of the term of a provisional licence issued for the food business to which the application relates.