Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 142

Applications for further time

  (1)   A reporting entity may apply, in writing, to the Secretary for an extension to the period in which to give a report.

  (2)   The application must be made before the end of the period for giving the report.

  (3)   The period for giving the report is extended until:

  (a)   if the Secretary extends the period for giving the report--the end of that extended period; or

  (b)   if the Secretary refuses to extend the period for giving the report--the day that is 7 days after written notice of the Secretary's decision is given to the reporting entity.

Form and manner of application

  (4)   The application must be made in a form and manner (if any) approved in an instrument under subsection   (5).

  (5)   The Secretary may, by notifiable instrument, approve a form or manner for the purposes of subsection   (4).

Contents of application

  (6)   The application must:

  (a)   state the extension sought to the period; and

  (b)   state the circumstances that have resulted in the need for the extension; and

  (c)   include evidence of those circumstances; and

  (d)   include any other information prescribed by regulations made for the purposes of this paragraph.

Decision to extend period

  (7)   The Secretary may, by written notice to the entity, extend the period for giving the report if, after considering:

  (a)   the application; and

  (b)   any matters prescribed by regulations made for the purposes of this paragraph;

the Secretary is satisfied that:

  (c)   the circumstances that have resulted in the need for an extension of time are exceptional; or

  (d)   those circumstances were outside the entity's reasonable control.

  (8)   An extension to the period must be for such time as the Secretary considers appropriate, having regard to:

  (a)   the nature of the circumstances that have resulted in the need for further time; and

  (b)   the strength of the evidence included in the application.

  (9)   The Secretary may impose any condition that the Secretary considers appropriate on the extension.

Review by Administrative Appeals Tribunal

  (10)   Applications may be made to the Administrative Appeals Tribunal for review of a decision by the Secretary to:

  (a)   refuse to grant further time; or

  (b)   grant a shorter period of time than that sought in the application; or

  (c)   impose a condition on the grant of further time.