Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_64
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 64
Character Range: 155380–156846

64  Reconsideration of decisions

 (1) A person who is affected by a reviewable decision made by the Minister may request the Minister, in writing, to reconsider the decision.

 (2) A person who is affected by a reviewable decision made by the Authority may request the Authority, in writing, to reconsider the decision.

 (3) For the purposes of this Act, each of the following decisions is a reviewable decision:
 (a) a decision by the Authority to make an emergency direction under subsection 61ACA(2) or to vary such a direction;
 (b) a decision by the Minister to make a direction under subsection 61AEA(2) (directions limiting access to the Marine Park), or to vary such a direction;
 (c) a decision by the Minister prescribed by the regulations for the purposes of this paragraph;
 (d) a decision by the Authority prescribed by the regulations for the purposes of this paragraph.

 (4) After receiving a request, the Minister or Authority must:
 (a) reconsider the decision; and
 (b) affirm or vary it, or set it aside and substitute a new decision.

 (5) The regulations may prescribe any or all of the following:
 (a) time limits for making requests under this section;
 (b) matters to be included in requests under this section;
 (c) time limits for reconsidering decisions under this section;
 (d) when a decision on reconsideration takes effect.

 (6) In this section:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.