Document ID: chunk:federal_register_of_legislation:F2020L00985:reg:4
Version: federal_register_of_legislation:F2020L00985
Segment Type: reg
Provision Reference: reg 4
Character Range: 5853–7783

4  Interpretation of "special or unusual circumstances"

To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause a fee to be unreasonable or inequitable for the purposes of sections 2 and 3.

Part 2 – Merits review

5 Merits review

A decision under section 1, 2 or 3 of this Schedule is a reviewable decision for the purposes of this Part.

6 Internal review

    (1) Where a reviewable decision is made by a delegate of TEQSA, a person affected by the decision may make an application for internal review of the decision.

    (2) An application for internal review pursuant to this section must:

    (a) be made within 30 days after the applicant is informed of the decision, or within such longer period as TEQSA allows;

         (b) set out the reasons for the application.

    (3) Upon receiving an application for internal review, TEQSA must review the reviewable decision.

    (4) TEQSA may:

     (a) affirm, vary or revoke the reviewable decision;

     (b) if TEQSA revokes the decision, make such other decision as TEQSA thinks appropriate.

    (5) TEQSA must, within 30 days of making its decision on review, notify the applicant, in writing, of:

         (a) the decision; and

         (b) the reasons for decision.

    (6) TEQSA must make its decision on the review of a reviewable decision within 90 days after receiving the application for review.

    (7) TEQSA is taken, for the purposes of this section, to have made a decision under paragraph 6(4)(a) affirming the reviewable decision if it does not make a decision within the period in subsection (6).

    7 Review by the Administrative Appeals Tribunal

    An application may be made to the Administrative Appeals Tribunal for review of:

       (a)   a reviewable decision if the decision was not made by a delegate of TEQSA;

       (b)   a decision of TEQSA under subsection 6(4).