Document ID: chunk:federal_register_of_legislation:C2024C00535:section:65zb
Version: federal_register_of_legislation:C2024C00535
Segment Type: section
Provision Reference: s 65ZB
Character Range: 172164–174277

65ZB  Reconsideration of reviewable decisions—reconsideration decision

Decision on reconsideration
 (1) After reconsidering the original decision, the Minister:
 (a) must affirm, vary or set aside the original decision; and
 (b) if the original decision is set aside—may make such other decision as the Minister thinks appropriate.

Notice of reconsideration decision
 (2) As soon as practicable after making a decision under subsection (1) (the reconsideration decision), the Minister must give the applicant or licensee written notice of the reconsideration decision containing:
 (a) reasons for the reconsideration decision; and
 (b) details of the applicant's or licensee's right to apply for review of the reconsideration decision under section 65ZC.
 (3) Failure to give a notice under subsection (2) in relation to the reconsideration decision does not affect the validity of the reconsideration decision.

When reconsideration decision takes effect
 (4) The reconsideration decision takes effect:
 (a) on the day specified in the notice of the reconsideration decision given under subsection (2); or
 (b) if a day is not specified—on the day the reconsideration decision is made, or taken to have been made (see subsection (5)).

Original decision taken to be affirmed if no decision made
 (5) The Minister is taken to have made a reconsideration decision affirming the original decision if the Minister does not make a reconsideration decision on the application before the end of whichever of the following periods is applicable:
 (a) the period of 60 days starting on the day after the application for reconsideration was made, unless paragraph (b) or (c) applies;
 (b) if the Minister has requested further information by a notice given under subsection 65ZA(3) and such information is provided—the period of 60 days starting on the day after the information is provided;
 (c) if the Minister has requested further information by a notice given under subsection 65ZA(3) and such information is not provided—the period of 90 days starting on the day after the notice was given under that subsection.