Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_111
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 111
Character Range: 75599–77647

111  Applications for review

 (1) A person who applied under Subdivision B of Division 3 of Part VII for:
 (a) a clearance; or
 (b) a minor variation of a clearance; or
 (c) a revocation of a clearance; or
 (d) a revocation of a clearance and a substitution of another clearance;
and who is dissatisfied with the determination by the Commission in relation to the application may, as prescribed and within the time allowed by or under the regulations or under subsection (5), apply to the Tribunal for a review of the determination.

 (2) A person who was granted a clearance under Subdivision B of Division 3 of Part VII that was:
 (a) revoked by a determination of the Commission under section 95AS; or
 (b) revoked and substituted with another clearance by a determination of the Commission under section 95AS;
may, as prescribed and within the time allowed by or under the regulations, apply to the Tribunal for a review of the determination.

 (2A) The regulations may make it a requirement that an applicant under subsection (1) or (2) give an undertaking under section 87B that the applicant will not make the acquisition while the application is being considered by the Tribunal.

 (3) The Tribunal must review the determination after receiving the application and the prescribed fee.

Note: Division 2 contains provisions about procedure and evidence that relate to proceedings before the Tribunal.

 (4) If a person has made an application under subsection (1) or (2) for a review of a determination, the Tribunal may, if the Tribunal determines it to be appropriate, make a determination by consent of the applicant and the Commission, whether or not the Tribunal is satisfied of the matters referred to in section 95AN.

 (5) A presidential member may, on the application by the applicant, shorten the time allowed by or under the regulations within which an application under subsection (1) may be made if the member is satisfied that special circumstances exist and that, in all the circumstances, it would not be unfair to do so.