Document ID: chunk:federal_register_of_legislation:F2024C01131:front:0:p6
Version: federal_register_of_legislation:F2024C01131
Segment Type: other
Provision Reference: 
Character Range: 12812–15569

decisions
       (1) A person who is affected by a reviewable decision may apply, in writing, to the National Regulator for internal review of the decision before the later of the following:
(a) 30 days after:
 (i) notification of the decision; or
 (ii) if the decision is not notified within the period mentioned in section 12 — the end of that period;
(b) a longer period determined by the National Regulator.
     (2) The National Regulator must, on receipt of the application, review the reviewable decision.
       (3) The National Regulator must:
(a) affirm the reviewable decision; or
(b) make any other decision that the National Regulator considers appropriate.
       (4) The National Regulator must tell the applicant, in writing, of the outcome of the internal review within 28 days, or a longer period agreed by the applicant, after the application for internal review was received.
       (5) A notice under subsection (4) must include statements to the effect that:
(a) 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) 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.

17 Review by ART
        A person affected by a decision under subsection 16(3) may apply to the Administrative Review Tribunal for review of the decision.
Division 6 Return of detained vessels

18 Application of Division 6
        For subsection 101(5) of the national law, this Division applies to the return of a vessel that has been detained.

19 Circumstances
       (1) The National Regulator may impose conditions on the return of the vessel.
       (2) In deciding whether to return the vessel, the National Regulator may consider whether:
(a) any fees related to the detention of the vessel have been paid; and
(b) the vessel is in good physical condition; and
(c) any conditions for return of the vessel have been met; and
(d) any penalties payable by the vessel owner in relation to the detention under an infringement notice issued under section 22 or a court-imposed fine have been paid; and
(e) any investigation of a breach of the national law has been completed and the National Regulator is satisfied there is no further safety risk in releasing the vessel; and
(f) the reasons for detaining the vessel have been rectified or otherwise have ceased to exist; and
(g) any conditions placed on the vessel's release are sufficient to address the reasons for the detention; and
(h) the vessel is, or will be, no longer involved in a contravention of the national