Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p8
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 18475–21385

person affected by a relevant licence decision, a relevant guarantee decision, a relevant payment decision or a relevant offset decision who is dissatisfied with the decision may, within 28 days after the day on which the decision first comes to the notice of the person (or within such further period as the Corporation, either before or after the end of the period of 28 days, by written notice served on the person allows), by written notice given to the Corporation, request the Corporation to reconsider the decision.

     "(6) A request under subsection (2) must set out the reasons for making the request.

     "(9) The Corporation must, within 45 days after receiving a request under subsection (2) in relation to a decision, reconsider the decision and make a decision:

        (a) in substitution for the first-mentioned decision, whether or not in the same terms as that decision; or

      (b) revoking the first-mentioned decision.

    "(10) If, as a result of a reconsideration under subsection (9) of a decision, the Corporation makes a decision in substitution for the first-mentioned decision, the Corporation must, by written notice, served either personally or by post, on the person who requested the reconsideration, tell the person the result of the reconsideration and give the reasons for its decision.".

PART 7—AMENDMENT OF THE FISHERIES LEGISLATION (CONSEQUENTIAL PROVISIONS) ACT 1991

Principal Act

23. In this Part, "Principal Act" means the Fisheries Legislation (Consequential Provisions) Act 19916.

Saving and transitional—arrangements with States and Territories

24. Section 7 of the Principal Act is amended by omitting from subsection (3) "2" and substituting "3".

PART 8—AMENDMENTS OF THE FISHERIES MANAGEMENT ACT 1991

Principal Act

25. In this Part, "Principal Act" means the Fisheries Management Act 19917.

  26. After section 9 of the Principal Act the following section is inserted:

Act not to apply so as to exceed Commonwealth power

  "9A.(1) Unless the contrary intention appears, if a provision of this Act:

  (a) would, apart from this section, have an invalid application; but

  (b) also has at least one valid application;

it is the Parliament's intention that the provision is not to have the invalid application, but is to have every valid application.

"(2) Despite subsection (1), the provision is not to have a particular valid application if:

     (a) apart from this section, it is clear, taking into account the provision's context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth's legislative power; or

     (b) the provision's operation in relation to that valid application would be different in a substantial respect from what would have been