Document ID: chunk:federal_register_of_legislation:F2016C00721:clause:1_138
Version: federal_register_of_legislation:F2016C00721
Segment Type: clause
Provision Reference: sch 1 cl 138
Character Range: 104703–106610

138  Reconsideration of decisions
 (1) A person affected by a decision to which this Division applies (an initial decision) may ask the Authority in writing to reconsider the decision.
 (2) The request must be made within:
 (a) 28 days after the person, or someone else affected by the decision, was told of the initial decision, and given reasons for the decision, by the Authority; or
 (b) any longer period allowed by the Authority.
Note 1: Under subregulation 86(5), an applicant for TFMS registration must be told of the Authority's decision not to register the applicant.
Note 2: Under subregulation 89(4), an applicant for cancellation of TFMS registration must be told of the Authority's decision not to cancel the registration.
Note 3: Under subregulation 91(4), a person whose TFMS registration is cancelled must be told of the Authority's decision to cancel the registration.
Note 4: Under subregulation 118(4), a person whose exemption is varied or cancelled must be told of the Authority's decision.
Note 5: Under regulation 121, a person who applies for an exemption, or for variation or cancellation of an exemption, must be told of the Authority's decision.
 (3) The request must state the decision sought by the person and outline why the decision should be made.
 (4) Within 28 days after receiving the request, the Authority must reconsider the initial decision and:
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (5) The Authority must tell the person in writing of the result of the reconsideration and, if the Authority does not make the decision sought by the person:
 (a) give the person written reasons for the reconsidered decision; and
 (b) tell the person in writing that the person may apply to the Australian Capital Territory Administrative Appeals Tribunal to have the decision reviewed by the Tribunal.