Document ID: chunk:federal_register_of_legislation:C2006A00092:clause:1_44pg
Version: federal_register_of_legislation:C2006A00092
Segment Type: clause
Provision Reference: sch 1 cl 44PG
Character Range: 37160–38923

44PG  Review of Commission's initial decision

Application

 (1) A person whose interests are affected by a decision of the Commission under subsection 44PA(3) may apply in writing to the Tribunal for review of the decision.

 (2) The person must apply for review within 21 days after the Commission publishes its decision.

Review

 (3) The review by the Tribunal is a reconsideration of the matter.

Note: There are target time limits that apply to the Tribunal's decision on the review: see section 44ZZOA.

 (4) For the purposes of the review, the Tribunal has the same powers as the Commission.

 (5) The member of the Tribunal presiding at the review may require the Commission to give information and other assistance, and to make reports, as specified by the member for the purposes of the review.

Tribunal's decision

 (6) If the Commission refused to approve a tender process as a competitive tender process, the Tribunal must, by writing:
 (a) affirm the Commission's decision; or
 (b) set aside the Commission's decision and approve the process as a competitive tender process.

 (7) A decision of the Tribunal to approve a process as a competitive tender process is taken to be a decision by the Commission for all purposes of this Part (except this section).

 (8) If the Commission approved a tender process as a competitive tender process, the Tribunal must, by writing, affirm or set aside the Commission's decision.

Note: If the Tribunal sets aside a decision of the Commission to approve a tender process as a competitive tender process, the Commission's decision is no longer in force. This means the designated Minister is no longer prevented by subsection 44H(3A) from declaring a service provided by means of the facility concerned.