Document ID: chunk:federal_register_of_legislation:C2025C00134:section:344:p1
Version: federal_register_of_legislation:C2025C00134
Segment Type: section
Provision Reference: s 344 (pt 1/2)
Character Range: 1038320–1041014

344  Review of certain decisions

Request for review
 (1) A person who is affected by a reviewable decision of the Regulator or the Registrar may, if dissatisfied with the decision, request the decision maker to reconsider the decision.

How request must be made
 (2) The request must be made by written notice given to the decision maker within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the decision maker allows.
 (2A) If the Registrar is the decision maker, the request must meet any requirements of the data standards.

Request must set out reasons
 (3) The request must set out the reasons for making the request.

Decision maker to reconsider decision
 (4) Upon receipt of the request, the decision maker must reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as the decision maker thinks fit.

Deemed confirmation of decision if delay
 (5) If the decision maker does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the decision maker received the request under subsection (1) to reconsider the decision, the decision maker is taken, at the end of that period, to have confirmed the decision under subsection (4).

Notice of Decision maker's action
 (6) If the decision maker confirms, revokes or varies a decision before the end of the period referred to in subsection (5), the decision maker must give written notice to the person telling the person:
 (a) the result of the reconsideration of the decision; and
 (b) the reasons for confirming, varying or revoking the decision, as the case may be.

Notice to Commissioner of Taxation if Regulator is decision maker
 (7) If the Regulator is the decision maker and the Regulator gives a notice to a person under subsection (6) telling the person that a decision under section 40 has been revoked or varied, the Regulator must give to the Commissioner of Taxation particulars of the notice.

ART review
 (8) Applications may be made to the Administrative Review Tribunal for review of decisions that have been confirmed or varied under subsection (4).

Continued operation of decision despite request for review
 (10) If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal for a review of that decision.
 (11) An order must not be made under subsection