Document ID: chunk:federal_register_of_legislation:C2004A02860:body:0:p9
Version: federal_register_of_legislation:C2004A02860
Segment Type: other
Provision Reference: 
Character Range: 19344–22159

appears to him that the direction is no longer necessary or should be varied—revoke or vary the direction; or
    (b) in any other case—refuse to revoke or vary the direction, and shall serve on the company notice in writing of his decision.
"(5) In this section, unless the contrary intention appears, 'direction' includes, where a direction is varied, the direction as varied.".

Review of certain decisions
15. Section 138 of the Principal Act is amended—
    (a) by inserting in the definition of "person affected by a reviewable decision" in sub-section (1) "the company in relation to which the decision was made and" after "means";
    (b) by omitting paragraph (a) of that definition and substituting the following paragraph:
        "(a) in the case of a refusal under section 4A to approve a person as an actuary for the purposes of this Act—that person; or";
    (c) by inserting before paragraph (a) of the definition of "reviewable decision" in sub-section (1) the following paragraph:
        "(aa) a refusal to give an approval under sub-section 4A (3);";

    (d) by inserting after paragraph (b) of that definition the following paragraph:
        "(ba) a decision under section 20;";
    (e) by inserting in paragraph (e) of that definition "or a decision under sub-section 40 (10) or (11)" after "sub-section 40 (8)";
    (f) by omitting from paragraph (g) of that definition "or a direction given under that sub-section" and substituting ", a direction given under sub-section 52 (3) or a decision under sub-section 52 (4) or (5)";
    (g) by adding at the end of paragraph (h) of that definition "or a decision under sub-section 58 (3) or (4)"; and
    (h) by adding at the end thereof the following sub-section:
    "(16) In relation to a decision of the Treasurer under section 20, references in this section to the Commissioner shall be read as references to the Treasurer.".

Statements to accompany notification of decisions
16. After section 138 of the Principal Act the following section is inserted:
"138A. (1) Where notice in writing is given to a person affected by a reviewable decision that the reviewable decision has been made, that notice shall include a statement to the effect that—
    (a) the person may, if he is dissatisfied with the decision, seek a reconsideration of the decision by the Treasurer or the Commissioner, as the case may be, in accordance with sub-section 138 (2); and
    (b) a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if he is dissatisfied with a decision made by the Treasurer or the Commissioner upon that reconsideration confirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.