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COMMONWEALTHAct
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s 28

Public notice of the application

In force
Part 3Food regulatory measures
Division 1Applications for the development or variation of food regulatory measures
Subdivision DGeneral procedure

28 Public notice of the application

(1)

If the Authority accepts an application, the Authority must also give public notice of the matters mentioned in subsection (2).

Content of notice

(2)

The notice must:

(a)

state that the Authority has received an application for the development of a food regulatory measure or the variation of a food regulatory measure, as the case requires; and

(b)

state the date on which the application was received by the Authority; and

(c)

state the name of the applicant; and

(d)

give a summary of the application; and

(e)

state that the Authority has accepted the application; and

(f)

identify the procedure that the Authority will adopt in considering the application; and

(g)

indicate when the Authority proposes to undertake the key steps in that procedure; and

(h)

state how to obtain further information about the application.

Period within which notice must be given

(3)

The notice must be given:

(a)

if the applicant pays a charge, or the first instalment of a charge, mentioned in subparagraph 27(c)(i) within the period mentioned in that paragraph—within 5 business days after that payment; or

(b)

if the applicant pays a charge, or the first instalment of a charge, mentioned in paragraph 27(d) within 20 business days after notice is given to the applicant under section 27 (the early payment period)—within 5 business days after that payment; or

(c)

in any other case—within 25 business days after notice is given to the applicant under section 27.

Exclusive capturable commercial benefit—fee not paid

(4)

If an applicant:

(a)

who applies for the development or variation of a standard; and

(b)

on whom an exclusive capturable commercial benefit would be conferred if the standard were made or varied in the manner sought in the application;

does not pay the charge, or the first instalment of the charge, mentioned in subparagraph 27(c)(i) within the period mentioned in that subparagraph:

(c)

the Authority must reject the application; and

(d)

the Authority need not give notice under this section.

Fee to expedite consideration paid after early payment period

(5)

If an applicant pays a charge, or the first instalment of a charge, mentioned in paragraph 27(d) after the end of the early payment period, the Authority must, within 5 business days after that payment, again give public notice of the matters mentioned in subsection (2), including an update on when the Authority now proposes to undertake the key steps in the procedure.

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