Document ID: chunk:federal_register_of_legislation:F2023C00779:clause:1_23
Version: federal_register_of_legislation:F2023C00779
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 23250–24738

23  Internal review of decisions

Application for review
 (1) A person whose interests are affected by a reviewable decision may request a reconsideration of the decision.
 (2) The request must:
 (a) be given, in writing, to the Federal Safety Commissioner; and
 (b) set out the reasons for the request; and
 (c) be made within 28 days after the day the person first received the notice of the reviewable decision.

Review of decision
 (3) The Federal Safety Commissioner must, as soon as practicable after receiving the request, cause the decision to be reviewed by a person (the reviewer) specified in subsection (4).
 (4) The reviewer must be:
 (a) if the Federal Safety Commissioner made the decision personally—a delegate of the Commissioner who was not involved in making the decision; or
 (b) in any other case:
 (i) the Federal Safety Commissioner personally; or
 (ii) a delegate of the Commissioner who was not involved in making the decision.
 (5) The reviewer may:
 (a) affirm, vary or set aside the reviewable decision; and
 (b) if the reviewer sets aside the reviewable decision—make such other decision as the reviewer thinks appropriate.
 (6) The decision on review takes effect:
 (a) on the day specified in the decision on review; or
 (b) if a day is not specified—on the day the decision on review is made.
 (7) The reviewer is taken to have affirmed the reviewable decision if a decision is not made under subsection (5) within 90 days after the request was received.