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COMMONWEALTHAct
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s 48

Notice of acceptance

In force
Part 3Food regulatory measures
Division 1Applications for the development or variation of food regulatory measures
Subdivision GProcedure for certain variations of the Nutrition, Health and Related Claims Standard

48 Notice of acceptance

(1)

If the Authority accepts the application, the Authority must notify the applicant immediately in writing:

(a)

that the application has been accepted; and

(b)

in the case of an applicant who has applied for the variation of a standard and on whom an exclusive capturable commercial benefit would be conferred if the standard were made or varied in the manner sought in the application:

(i)

that the applicant must pay the charge under section 146 in relation to the application or, if the charge is payable in instalments, the first instalment of the charge, within 20 business days after the notification is given; and

(ii)

that the application will be rejected if the charge, or the first instalment of the charge, is not paid within that period; and

(c)

in any other case—that the applicant may, if the applicant elects to have the consideration of the application expedited, pay the charge under section 146 in relation to the application or, if the charge is payable in instalments, the first instalment of the charge.

(2)

The Authority must give notice in writing to the applicant:

(a)

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

(b)

indicating when the Authority proposes to undertake the key steps in the procedure;

within:

(c)

if the applicant pays a charge, or the first instalment of a charge, mentioned in paragraph (1)(b) within the period mentioned in that paragraph—5 business days after that payment; or

(d)

if the applicant pays a charge, or the first instalment of a charge, mentioned in paragraph (1)(c), within 20 business days after notice is given to the applicant under subsection (1) (the early payment period)—5 business days after that payment; or

(e)

in any other case—within 25 business days after notice is given to the applicant under subsection (1).

(3)

If the applicant pays a charge, or the first instalment of a charge, mentioned in paragraph (1)(c) after the end of the early payment period, the Authority must, within 5 business days after that payment, again give the applicant 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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