South Australian Consolidated Regulations South Australian Consolidated Regulations8—Time limit for deciding an application
(1) For the purposes
of section 43(3) of the Act, the period within which the Regulator must issue,
or refuse to issue, a licence is—
(a) in
relation to an application to which Division 3 of Part 5 of the Act applies,
90 days after the day the application is received by the Regulator; or
(b) in
relation to an application to which Division 4 of Part 5 of the Act applies,
170 days after the day the application is received by the Regulator.
(2) For the purpose of
determining the end of a period mentioned in subregulation (1), the
following days are not counted:
(a) a
Saturday, a Sunday or a public holiday in the Australian Capital Territory;
(b) a
day on which the Regulator cannot proceed with the decision-making process, or
a related function, because the Regulator is awaiting information that the
applicant has been requested, in writing, to give;
(c) if,
in relation to the application, the Regulator publishes notice of a public
hearing under section 53 of the Act, a day in the period that—
(i)
begins on the day of publication; and
(ii)
ends on the day when the public hearing ends;
(d) a
day on which the Regulator cannot proceed with the decision-making process, or
a related function, because—
(i)
the applicant has requested, under section 184 of the
Act, that information given in relation to the application be declared
confidential commercial information for the purposes of the Act; and
(ii)
the Regulator is—
(A) considering the application; or
(B) waiting until any review rights under
section 181 or 183 of the Act, in relation to the application, are exhausted;
(e) if,
in relation to the application, the Regulator requests the Gene Technology
Ethics Committee to provide advice on an ethical issue, a day in the period
that—
(i)
begins on the day the request is made; and
(ii)
subject to subregulation (3), ends on the day when
the advice is given or, if the advice is not given within the period, if any,
specified under subregulation (3), on the last day of that period.
(3) The Regulator,
when seeking advice under section 50(3) or 52(3) of the Act, or from the Gene
Technology Ethics Committee, may specify a reasonable period within which the
advice must be received, and, if the advice is not received within that
period, must proceed without regard to that advice.