Document ID: chunk:federal_register_of_legislation:C2024C00526:section:42:p1
Version: federal_register_of_legislation:C2024C00526
Segment Type: section
Provision Reference: s 42 (pt 1/2)
Character Range: 103600–106342

42  Review of decisions
 (1) In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
initial decision has the meaning given in subsection (2).
reviewable decision means a decision of the Secretary under subsection (5).
 (2) Subject to subsection (3), initial decision means:
 (a) a decision under section 12 to issue a food control certificate that states that the food to which the certificate relates is required to be inspected, or inspected and analysed; or
 (b) a decision under subsection 14(1) to issue an imported food inspection advice identifying food as failing food and specifying the manner of dealing with that food; or
 (c) a decision under subsection 14(6) refusing an application for a further imported food inspection advice; or
 (d) a decision under subsection 14(6) to issue a further imported food inspection advice identifying food as failing food and specifying the manner of dealing with that food; or
 (e) a decision made by the Secretary to revoke a determination under subsection 19(3); or
 (f) a decision by the Secretary under subsection 20(13) to direct that food control certificates should not be issued to a person who has failed to comply with a notice under subsection 20(2), (3) or (4); or
 (g) a decision by the Secretary under subsection 36(8) to direct that documentation not be issued in respect of food imported by a person who has failed to pay fees to the Commonwealth; or
 (h) a decision of the Secretary under subsection 39(1).
 (3) If food to which an initial decision relates has been subjected to analysis to determine if it either:
 (a) meets applicable standards; or
 (b) poses a risk to human health;
the results of such analysis are not reviewable by the Administrative Review Tribunal.
 (4) A person affected by an initial decision may give written notice to the Secretary, within 28 days after notification of that decision, requesting the Secretary to reconsider the decision.
 (5) As soon as practicable after receiving a request under subsection (4), the Secretary must reconsider the initial decision to which the request related and, as a result of that reconsideration:
 (a) confirm the initial decision; or
 (b) revoke the initial decision; or
 (c) vary the initial decision by revoking it and making a decision in substitution of the initial decision.
 (6) If the Secretary does not confirm, revoke or vary a decision within 28 days after the Secretary received a request, the Secretary is taken to have confirmed the initial decision.
 (7) If, under subsection (4), a request is made for the reconsideration of a decision, the operation of that decision is stayed pending the outcome of the reconsideration.
 (8) If written notice of the