Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:102
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 102
Character Range: 153591–155380

102  Reconsideration of regulatory reviewable decision on own initiative
 (1) Either of the following persons may reconsider a regulatory reviewable decision if satisfied that there is sufficient reason to do so:
 (a) the Commissioner personally;
 (b) a delegate of the Commissioner:
 (i) who was not involved in making the decision; and
 (ii) who occupies a position that is at least the same level as that occupied by the person who made the decision.
 (2) If an internal reviewer decides under subsection (1) to reconsider a regulatory reviewable decision, the internal reviewer must give written notice to the interested person for the decision that the decision is to be reconsidered.
 (3) After reconsidering the regulatory reviewable decision, the internal reviewer must:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (4) After the internal reviewer makes the reconsideration decision, the internal reviewer must give written notice of the reconsideration decision to the interested person for the regulatory reviewable decision, and the Secretary, within:
 (a) if the regulatory reviewable decision is a decision of a kind mentioned in item 3, 4 or 6 of the table in section 98—within 56 days after the commencement of the reconsideration; and
 (b) otherwise—within 14 days after the commencement of the reconsideration.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.
 (5) The reconsideration decision is taken to have been made under the provision under which the regulatory reviewable decision was made other than for the purposes of:
 (a) the definition of regulatory reviewable decision in section 4; and
 (b) section 98.