Document ID: chunk:federal_register_of_legislation:C2025C00122:section:59:p1
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 59 (pt 1/26)
Character Range: 485837–488646

59                    A decision under Principles made under section 96‑1 that is specified in the Principles concerned to be a decision reviewable under this section                        the provision specified in the Principles as the provision under which the decision is made

85‑2  Deadlines for making reviewable decisions
 (1) If:
 (a) this Act provides for a person to apply to the Secretary to make a *reviewable decision; and
 (b) a period is specified under this Act for giving notice of the decision to the applicant; and
 (c) the Secretary has not notified the applicant of the Secretary's decision within that period;
the Secretary is taken, for the purposes of this Act, to have made a decision to reject the application.
Note: This subsection cannot apply to decisions under Division 16 (How are allocated places transferred from one person to another?).
 (2) If:
 (a) this Act provides for a person to apply to the *Pricing Authority to make a *reviewable decision; and
 (b) a period is specified under this Act for giving notice of the decision to the applicant; and
 (c) the Pricing Authority has not notified the applicant of the Pricing Authority's decision within that period;
the Pricing Authority is taken, for the purposes of this Act, to have made a decision to reject the application.

85‑3  Reasons for reviewable decisions
 (1) If this Act requires the Secretary or the *Pricing Authority to notify a person of the making of a *reviewable decision, the notice must include reasons for the decision.
 (2) Subsection (1) does not affect an obligation, imposed upon the Secretary or the *Pricing Authority by any other law, to give reasons for a decision.

85‑4  Reconsidering reviewable decisions
 (1) The Secretary may reconsider a *reviewable decision (other than a reviewable decision under Division 35 or section 52G‑4) if the Secretary is satisfied that there is sufficient reason to reconsider the decision.
 (1A) The *Pricing Authority may reconsider a *reviewable decision under Division 35 or section 52G‑4 if the Pricing Authority is satisfied that there is sufficient reason to reconsider the decision.
 (3) The Secretary or the *Pricing Authority may reconsider a decision even if:
 (a) an application for reconsideration of the decision has been made under section 85‑5; or
 (b) if the decision has been confirmed, varied or set aside under section 85‑5—an application has been made under section 85‑8 for review of the decision.
 (3AA) However, if an application has been made under section 85‑8 for review of the decision, section 31 (decision cannot be altered outside Tribunal process) of the Administrative Review Tribunal Act 2024 applies to the decision if:
 (a) the application is referred to the *guidance and appeals panel under section 122 of that Act; or