Document ID: chunk:federal_register_of_legislation:F2025C00036:reg:6:p1
Version: federal_register_of_legislation:F2025C00036
Segment Type: reg
Provision Reference: reg 6 (pt 1/3)
Character Range: 438730–441705

6                                                  decision covered by subregulation (1AB)                                                                                              the sponsor concerned

initial decision means a decision of the Secretary under any of the following provisions:
 (ca) subregulation 10C(3), (5) or (6);
 (e) subparagraph 16J(1)(b)(ii);
 (ea) paragraph 16L(3)(b);
 (eb) paragraph 16M(1)(b);
 (ec) subparagraph 16R(1)(b)(ii);
 (ed) subregulation 16T(1);
 (ee) subparagraph 16W(1)(b)(ii);
 (ef) subregulation 16Y(1);
 (f) subregulation 22(8);
 (fa) paragraph 43AAH(4)(b);
 (g) regulation 45 (other than a decision to waive a fee under subregulation 45(4AB));
 (h) regulation 45AA.
Note: See also subregulations (1AA) and (1AB) of this regulation.
reviewable decision means a decision of the Minister under subregulation (3).
 (1AA) Each of the following decisions of the Secretary under regulation 10JE or 10JF (about importing or exporting mercury) is an initial decision:
 (a) a decision to refuse to approve an application for approval;
 (b) a decision to revoke or vary an approval.
 (1AB) Each of the following decisions of the Secretary is an initial decision:
 (a) a decision to refuse to agree to a notification covered by paragraph (a) of column 3 of item 3 of the table in Schedule 5A being given before the end of a period nominated by the sponsor concerned;
 (b) a decision to refuse to agree to a notification covered by paragraph (ha) of column 3 of item 3 of the table in Schedule 5A being given before the end of a period nominated by the sponsor concerned;
 (c) a decision to make goods the subject of a determination as referred to in paragraph (g) of column 2 of item 15 of the table in Schedule 5A.

Delegation
 (1A) The Minister may, by signed instrument, delegate a power or function of the Minister under this regulation to an officer of the Department.

Requests for reconsideration of initial decisions
 (2) An eligible person in relation to 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.
 (2A) A request under subregulation (2) may be accompanied by information in support of the request.

Reconsideration of initial decisions
 (3) The Minister must reconsider the initial decision as soon as practicable after receiving a request under subregulation (2), and may:
 (a) confirm the initial decision; or
 (b) revoke the initial decision, or revoke that decision and make a decision in substitution for the initial decision.
 (3A) In reconsidering the initial decision:
 (a) the Minister must take into account any information referred to in subregulation (2A); and
 (b) the Minister must not take into account any other information provided by, or on behalf of, the person after the making of the request, other than information provided in response to a request from the Minister.