Document ID: chunk:federal_register_of_legislation:F2025C00214:clause:1_7:p6
Version: federal_register_of_legislation:F2025C00214
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 6/11)
Character Range: 28866–31845

1.2.11  Reconsideration by Secretary—applying for reconsideration

Scope of this clause
 (1) This clause applies to:
 (a) a decision under clause 1.2.8 to refuse to grant an exemption in respect of diagnostic imaging equipment; or
 (b) a decision under clause 1.2.10 to refuse to extend, or further extend, the exemption period of an exemption in respect of diagnostic imaging equipment; or
 (c) a decision under clause 1.2.10B to refuse to grant reinstatement in respect of diagnostic imaging equipment.

Applying for reconsideration of decision
 (2) The relevant proprietor for the equipment may apply to the Secretary for reconsideration of the decision under clause 1.2.12.
Note: For relevant proprietor, see clause 1.2.4.
 (3) The application must:
 (a) be in writing; and
 (b) be made within:
 (i) 28 days after the Secretary makes the decision; or
 (ii) if the Secretary is satisfied that special circumstances exist—within such further period (if any) as the Secretary allows; and
 (c) identify the decision for reconsideration; and
 (d) set out the reasons for the application.
 (4) The application may provide new material for the Secretary to consider.

Notifying proprietor of receipt of application
 (5) If:
 (a) the Secretary receives an application under subclause (2) of this clause for reconsideration of the decision; and
 (b) the application complies with subclause (3);
the Secretary must notify the relevant proprietor for the equipment in writing that the Secretary has received the application.

Effect of application on capital sensitivity requirements—exemption decisions
 (6) Clause 1.2.1 does not apply to a service that is performed on equipment to which a decision mentioned in paragraph (1)(a) or (b) relates during the period:
 (a) starting when the Secretary notifies the relevant proprietor under subclause (5) of this clause that the Secretary has received an application in respect of the equipment; and
 (b) ending when the Secretary makes a decision on the application under clause 1.2.12, or the application is withdrawn.

1.2.12  Reconsideration by Secretary—reconsidering decisions

Scope of this clause
 (1) This clause applies if, under subclause 1.2.11(5), the Secretary notifies the relevant proprietor of diagnostic imaging equipment that the Secretary has received an application for reconsideration of a decision in respect of the equipment.

Reconsidering decisions
 (2) The Secretary must:
 (a) reconsider the decision; and
 (b) by notice in writing given to the proprietor:
 (i) affirm the decision; or
 (ii) set aside the decision and make a decision in substitution for it.
 (3) The Secretary must make a decision on the application under subclause (2) within 28 days after notifying the proprietor as mentioned in subclause (1).

Effect of affirmation of exemption decisions on capital sensitivity requirements
 (4) If the Secretary affirms a decision mentioned in paragraph 1.2.11(1)(a) or (b), clause 1.2.1 does not apply to