Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p32
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 80962–83669

of the decision of the delegate.

"(2) The members of the panel must be persons of a kind mentioned in subsection 54f (2).

"(3) Subsections 54f (3) and (4) apply where the Board refers a decision under subsection (1) as if:

     (a)     the application for a reconsideration were a request for the approval of the retirement of the person to whom the delegate's decision relates; and

     (b)     the period within which the members of the panel are required to make recommendations in writing to the Board under subsection 54f (4) were such period as is specified by the Board.

Decision to be referred to Committee

"153ak. (1) Subject to subsection (2), the Board must refer the decision to which an application relates to a Committee.

"(2) Where, under subsection 153aj (1), the Board is required to refer the decision to a panel of persons, the Board, after receiving the recommendations of the members of the panel, must refer the decision to a Committee together with a copy of those recommendations.

"(3) The Board may also, on its own motion, refer a decision of a delegate to a Committee.

Determination by Board

"153al. (1) After taking into account, in relation to a decision referred to a Committee:

  (a)     the recommendations of the Committee; and

    (b)     any principles formulated by the Minister that were relevant to the decision; and

  (c)     any other matter that the Board considers relevant;

the Board must, by instrument setting out the reasons for so doing, affirm or vary the decision or set it aside and substitute another decision for it.

"(2) The Board must make available a copy of an instrument mentioned in subsection (1) to the applicant.

"Division 4—Reconsideration of decision made by Board

Application to Board

"153am. (1) A person affected by a decision made by the Board may apply to the Board for a reconsideration of that decision.

  "(2) An application must:

  (a)     be in writing addressed to the Board; and

    (b)     set out the particulars of the decision that the person wishes to be reconsidered; and

  (c)     specify the grounds for reconsideration of those particulars.

"(3) An application made to the Board before the commencement of this section for the reconsideration of a decision made by the Board under subsection 7 (2) is taken to have been duly made under this section.

Payment of fees

"153an. (1) Such fees as are prescribed are payable to the Board by a person who makes an application under section 153am.

"(2) Any fees received by the Board under subsection (1) are to be paid into the Consolidated Revenue Fund.

"(3) The regulations may make provision in relation to the refund of any fees paid under subsection