Period for making recommendation
79A Period for making recommendation
The authority must use its best endeavours to make a recommendation under section 79 within 6 months from the day the authority receives the request.
However, the 6 month period mentioned in subsection (1) does not include any of the following—
if the authority conducts an investigation for making the recommendation and gives a notice under section 185 to a person requiring the person to give information or produce a document for the investigation, a day in the period—
starting on the day the notice is given to the person; and
ending on the day the person complies with the notice;
if the authority publishes a document about the recommendation and invites persons to make submissions on the document to the authority within a stated period—a day in the period for making submissions stated by the authority.
The authority must publish a notice on its website, while the authority is considering the making of the recommendation, stating—
the day the 6 month period mentioned in subsection (1) started or will start; and
the day the period will end; and
for a day not included in the period under subsection (2)—the reason the day is not included in the period.
If the authority fails to make the recommendation within the 6 month period mentioned in subsection (1), it must, as soon as practicable after the period ends—
prepare a written notice stating—
the reasons for the authority’s failure; and
details about the action the authority proposes to take to make the recommendation as soon as reasonably practicable; and
publish the notice on its website; and
give a copy of the notice to—
the applicant for the request; and
if the request was not made by the Minister—the Minister.
This Act’s bill:Explanatory memorandum
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