New South Wales Consolidated Acts

LICENSING AND REGISTRATION (UNIFORM PROCEDURES) ACT 2002 - SECT 17

17 Period within which applications to be dealt with

(1) For the purpose of enabling an applicant to exercise any rights of appeal or review, a licensing authority is taken to have made a decision to refuse the application if it has failed to determine the application within 28 days after the application is made.

(2) A licensing authority’s failure to determine an application within the period referred to in subsection (1) does not prevent the authority from continuing to deal with the application after that period has expired.

(3) In calculating a period referred to in subsection (1), the following periods are to be excluded:

(a) any period between:

(i) the date on which a request for further information or supporting evidence is made under section 14, and

(ii) the date on which that further information or supporting evidence is furnished,

(b) any period between:

(i) the date on which a notice is published under section 15 with respect to the application, and

(ii) the date fixed by the notice as the date by which any submission with respect to the application must be lodged,

(c) in the case of an application that the relevant licensing authority is required to refer to some other person or body for consideration, whether under the relevant licensing legislation or otherwise, any period (not exceeding 14 days) between:

(i) the date on which the authority refers the application to that other person or body, and

(ii) the date on which the authority receives a response to that reference from that other person or body,

(d) in the case of an application with respect to a person whom the relevant licensing authority has referred for assessment (whether or not to some other person or body) in connection with the determination of the application, any period between:

(i) the date on which the authority refers the applicant for assessment, and

(ii) the date on which the authority obtains or receives the results of the assessment.