Document ID: chunk:federal_register_of_legislation:C2004A03971:section:1990:p36
Version: federal_register_of_legislation:C2004A03971
Segment Type: section
Provision Reference: s 1990 (pt 36/38)
Character Range: 107708–110408

the Board determines.

"(2) The qualifications of each member are such as the Board determines.

Functions of Committee

"54q. (1) The functions of a Committee are:

(a) to review any decision referred to it under this Division; and

(b) to make recommendations to the Board in relation to the decision.

"(2) When reviewing a decision, a Committee:

(a) must take into account any evidence relevant to the decision that is submitted to it; and

    (b) may also take steps to obtain any other evidence that it considers necessary for a proper review of the decision.

Proceedings of Committee

"54r. Subject to any directions given by the Board, a Committee may regulate its proceedings as the Committee thinks fit.

"Subdivision C—Reconsideration of decision made by delegate

Application to Board

"54s. (1) A person affected by a decision made by a delegate of the Board may apply to the Board for reconsideration of the decision.

"(2) An application may be:

    (a) in writing addressed to the Board and setting out the particulars of the decision that the person wishes to be reconsidered; or

    (b) in any other form that is acceptable to the Board.

Decision to be referred to Committee

"54t. (1) The Board must refer the decision to which an application relates to a Committee.

"(2) The Board may also, on its own motion, refer a decision of a delegate to a Committee.

Determination by Board

"54u. (1) After taking into account, in relation to a decision referred to a Committee:

    (a) the recommendations of the Committee; and

    (b) any other matter that the Board considers relevant;

the Board must, by instrument in writing setting out the reasons for so doing, affirm or vary the decision or set it aside and substitute another decision for it.

"(2) The Board must make a copy of an instrument referred to in subsection (1) available to the applicant.

"Subdivision D—Reconsideration of decision made by Board

Application to Board

"54v. (1) A person affected by a decision made by the Board (including a decision under section 54u) may apply to the Board for a reconsideration of that decision.

"(2) An application must:

    (a) be in writing addressed to the Board; and

    (b) set out the particulars of the decision that the person wishes to be reconsidered; and

    (c) specify the grounds for reconsideration of those particulars.

Payment of fees

"54w. (1) Such fees as are prescribed are payable to the Board by a person who makes an application under section 54v.

"(2) Any fees received by the Board under subsection (1) are to be paid into the Consolidated Revenue Fund.

"(3) The regulations may make provision for and in relation to the refund of any