Document ID: chunk:federal_register_of_legislation:C2024C00463:section:64
Version: federal_register_of_legislation:C2024C00463
Segment Type: section
Provision Reference: s 64
Character Range: 178582–180428

64  Internal review by Minister of reviewable decisions

Scope
 (1) This section applies to a reviewable decision if:
 (a) the decision is one referred to in subsection 63(1) and is made by a delegate of the Minister; or
 (b) the decision is one referred to in subsection 63(2) and is made by the Secretary.

Request for review
 (2) A person affected by a reviewable decision who is dissatisfied with the decision may request the Minister to review the decision.
 (3) The request must be made by written notice given to the Minister within 30 days, or such longer period as the Minister allows (either before or after the end of the 30 days), after the day on which the person is informed of the decision.
 (4) The request must set out the reasons it is made.

Review of reviewable decision
 (5) On receiving the person's request, the Minister must review the reviewable decision personally.
 (6) The Minister may:
 (a) affirm, vary or set aside the reviewable decision; and
 (b) if he or she sets aside the decision, make such other decision as he or she thinks appropriate.

Notice of decision
 (7) The Minister must give the person notice of the decision under subsection (6), of the reasons for that decision and of the person's right to have that decision reviewed by the Administrative Review Tribunal. Failure to give notice does not affect the validity of that decision.
Note 1: Section 67 deals with giving notices under this Act.
Note 2: Section 68 deals with disclosing reasons for decisions.

Affirmation of reviewable decision by operation of law
 (8) The Minister is taken, under this section, to have affirmed the reviewable decision if the person does not receive notice of the Minister's decision on the review of the reviewable decision within 90 days after the person requested the Minister to review the reviewable decision.