Document ID: chunk:federal_register_of_legislation:F2024C01119:front:0:p8
Version: federal_register_of_legislation:F2024C01119
Segment Type: other
Provision Reference: 
Character Range: 17950–20655

within 90 days after that period.

15 Decision on application and notification of decision
       (1) AMSA must, within the period mentioned in section 14:
(a) decide the application; and
(b) tell the applicant, in writing:
 (i) the decision on the application and any conditions imposed; and
 (ii) the reasons for the decision if:
(A) the decision is not to approve the application; or
            (B) it is an application for an exemption and the decision is not to grant the exemption.
Note   A Marine Order that provides that an application may be made to AMSA in accordance with this Order may set out criteria to be considered when the application is decided.
       (2) If AMSA does not decide the application within the period mentioned in section 14, AMSA is taken to have decided:
(a) not to approve the application; or
(b) if it is an application for an exemption — not to grant the exemption.

16 Reviewable decisions
       (1) A decision mentioned in section 15, other than a decision made under the Navigation Act, is a reviewable decision.
Note   Some decisions are reviewable under section 313 of the Navigation Act eg decisions for certificates issued under the Navigation Act.
       (2) A Marine Order that provides that a decision is a reviewable decision for section 18 of this Order is taken to refer to section 17 of this Order.

17 Internal review of decisions
       (1) A person who is affected by a reviewable decision may apply, in writing, to AMSA for internal review of the decision before the later of the following:
(a) 90 days after:
 (i) notification of the decision; or
 (ii) if the decision is not notified within the period mentioned in section 14 — the end of that period;
(b) a longer period determined by AMSA.
     (2) On receipt of the application, AMSA must review the reviewable decision.
       (3) AMSA must:
(a) affirm the reviewable decision; or
(b) make any other decision that AMSA considers appropriate.
       (4) AMSA must tell the applicant, in writing, of the outcome of the internal review within 28 days after the application for internal review was received.
       (5) A notice under subsection (4) must include:
(a) a statement to the effect that, if the applicant is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2024, be made to the Administrative Review Tribunal for review of the decision; and
(b) a statement to the effect that the applicant may request a statement of reasons under section 268 of that Act.
       (6) Failure to comply with subsection (5) for a decision does not affect the validity of the decision.
Note   For delegation of AMSA's powers under this Division — see the