Document ID: chunk:federal_register_of_legislation:C2024C00527:section:47
Version: federal_register_of_legislation:C2024C00527
Segment Type: section
Provision Reference: s 47
Character Range: 54105–55935

47  Reconsideration of decision not to approve application for confidential information not to be publicly disclosed

Request for reconsideration of original decision
 (1) A person whose interests are affected by a decision (the original decision) made under subsection 46(1) to not approve an application made under subsection 44(1) may request the Minister to reconsider the original decision.
 (2) The request must be made in writing and given to the Minister within:
 (a) 20 business days after the day on which notice of the original decision was given under subsection 46(5); or
 (b) such longer period as the Minister allows.

Reconsideration of original decision
 (3) Within 70 business days after the day the request is given, the Minister must reconsider the original decision.
 (4) If a delegate of the Minister is to reconsider the original decision, the delegate must:
 (a) not have been involved in making the decision; and
 (b) occupy a position that is at least the same level as that occupied by the person who made the decision.
 (5) After reconsidering the original decision, the Minister must:
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.

Reconsideration decision
 (6) The reconsideration decision takes effect on the day it is made.
 (7) After the Minister makes the reconsideration decision, the Minister must give the person who made the request under subsection (1) written notice of the decision and the reasons for the decision.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.
 (8) The reconsideration decision is taken to have been made under the provision under which the original decision was made other than for the purposes of subsection (1).