Biosecurity Act 2015

This section applies in relation to an application made under section 177 for a permit, unless the application is withdrawn.

The Director of Biosecurity must make a decision in relation to the application within the period (the decision‑making period) that:

starts when the Director receives the application; and

is the period prescribed by the regulations, as extended under subsections (4) and (5) if relevant.

If the Director of Biosecurity does not make a decision in relation to the application within the decision‑making period, the Director is taken to have refused under subsection 179(1) to grant the permit at the end of that period.

The period prescribed by the regulations for the purposes of paragraph (2)(b) is extended, for each request made under subsection (6), by the number of days falling within the period:

starting on the day the request was made; and

ending on:

the day the information or documents requested were received by the Director of Biosecurity; or

if the information or documents were not given within the period specified in the request—the last day of that period.

The period prescribed by the regulations for the purposes of paragraph (2)(b) is also extended, for each activity that relates to an application and is prescribed by the regulations, by the number of days falling within the period:

starting on the day the activity starts; and

ending on the day the activity ends.

For the purpose of making a decision in relation to an application, the Director of Biosecurity may, within the decision‑making period, request:

the applicant; or

any other person who the Director considers may have information relevant to the application;

A request under subsection (6):

must be in writing; and

must specify the period (which must not be longer than the period prescribed by the regulations for the purposes of this paragraph) within which the information or documents must be given.