Document ID: chunk:federal_register_of_legislation:F2025C00021:reg:5:p15
Version: federal_register_of_legislation:F2025C00021
Segment Type: reg
Provision Reference: reg 5 (pt 15/30)
Character Range: 173757–176646

interests are affected by an initial decision may request the Minister to reconsider the decision by notice in writing given to the Minister within 90 days after the decision first comes to the person's notice.
 (3A) Despite subregulation (3), only the following persons may make a request under that subregulation in relation to a conformity assessment (priority applicant) determination:
 (a) if the initial decision was to refuse to make the determination—the person who applied for the determination;
 (b) if the initial decision was to revoke the determination—the priority applicant specified in the determination.
 (3B) Despite subregulation (3), only the following persons may make a request under that subregulation in relation to a medical devices (priority applicant) determination:
 (a) if the initial decision was to refuse to make the determination—the person who applied for the determination;
 (b) if the initial decision was to revoke the determination—the priority applicant specified in the determination.
 (4) The Minister must reconsider the initial decision as soon as practicable after receiving a request under subregulation (3), and may:
 (a) confirm the initial decision; or
 (b) revoke the initial decision; or
 (c) revoke the initial decision and make a decision in substitution for the initial decision.
 (5) After reconsidering an initial decision, the Minister must give to the applicant a notice in writing stating:
 (a) the result of the reconsideration; and
 (b) that the applicant may, unless subsection 269(7) of the Administrative Review Tribunal Act 2024 applies:
 (i) apply for a statement setting out the reasons for the decision on reconsideration; and
 (ii) subject to that Act, make an application to the Administrative Review Tribunal for review of that decision.
 (6) If a person who makes a request under subregulation (3) does not receive notice of the decision of the Minister on reconsideration within 60 days after making the request, the Minister is taken to have confirmed the initial decision.
 (7) If written notice of the making of an initial decision is given to a person whose interests are affected by the decision, the notice must include a statement to the effect that a person whose interests are affected by the decision may:
 (a) seek a reconsideration of the decision under this regulation; and
 (b) subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with the decision upon reconsideration, make an application to the Administrative Review Tribunal for review of that decision.
 (8) Any failure to comply with the requirements of subregulation (6) or (7) in relation to a decision does not affect the validity of the decision.
 (9) Application may be made to the Administrative Review Tribunal for review of a reviewable decision.
Note: Section 266 of the Administrative Review Tribunal Act