Document ID: chunk:federal_register_of_legislation:C2011C00178:clause:2_158
Version: federal_register_of_legislation:C2011C00178
Segment Type: clause
Provision Reference: sch 2 cl 158
Character Range: 62981–64206

158  Subsections 120(4) to (9)
Repeal the subsections, substitute:

 (4) After receiving an application under subsection (1), (2) or (3), the Electoral Commissioner must:
 (a) personally review the decision (the reviewable decision) to which the request relates; or
 (b) cause the reviewable decision to be reviewed by a person to whom the Commissioner's powers and functions under this section are delegated and who was not involved in making the reviewable decision.

 (5) After the person mentioned in paragraph (4)(a) or (b) (the reviewer) has reviewed the reviewable decision, the reviewer must make a decision (an internal review decision):
 (a) confirming the reviewable decision; or
 (b) varying the reviewable decision; or
 (c) setting aside the reviewable decision and substituting a new decision.

Note: An internal review decision is reviewable by the Administrative Appeals Tribunal (see section 121). Under the Administrative Appeals Tribunal Act 1975, notice must be given to persons whose interests are affected by an internal review decision.

 (6) For the purpose of the review, the reviewer may exercise all the powers and discretions conferred by this Act on the person who made the reviewable decision.