Document ID: chunk:federal_register_of_legislation:C2024C00640:section:44:p1
Version: federal_register_of_legislation:C2024C00640
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 94434–97111

44  Reconsideration and review of decisions
 (1) In this section, unless the contrary intention appears:
decision has the same meaning as it has in the Administrative Review Tribunal Act 2024.
reviewable decision means a decision of the Minister:
 (a) under subsection 10(1); or
 (b) to revoke an instrument under subsection 10(1); or
 (c) under subsection 11(1); or
 (d) to revoke an instrument under subsection 11(1); or
 (e) under subsection 12(1) or (8); or
 (f) under subsection 13(6); or
 (g) under subsection (2) of this section.
 (2) A person affected by a reviewable decision who is dissatisfied with the decision may, within the period of 3 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the expiration of that period), by notice in writing served on the person, allows, by notice in writing given to the Minister in a manner specified in the regulations, request the Minister to reconsider the decision.
 (3) There shall be set out in the request the reasons for making the request.
 (4) The Minister shall, within 14 days after the receipt of the request, reconsider the decision and may affirm or revoke the decision or vary the decision in such manner as he or she thinks fit.
 (5) Where the Minister affirms, revokes, or varies a decision, he or she shall, by notice in writing served on the person who made the request, inform the person of the result of his or her reconsideration of the decision, set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give his or her reasons for affirming, revoking or varying the decision, as the case may be.
 (6) Applications may be made to the Administrative Review Tribunal for review of reviewable decisions that have been affirmed or varied under subsection (4).
 (7) Where the Minister makes a reviewable decision and gives to the person or persons whose interests are affected by the decision notification in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision:
 (a) may, if he or she is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with subsection (2); and
 (b) may, subject to the Administrative Review Tribunal Act 2024, if he or she is dissatisfied with a decision made by the Minister upon that reconsideration affirming or varying the first‑mentioned decision, make application to the Administrative Review Tribunal for review of the decision so affirmed or varied.
 (8) Where the Minister makes