Document ID: chunk:federal_register_of_legislation:F2024C00957:front:0:p38
Version: federal_register_of_legislation:F2024C00957
Segment Type: other
Provision Reference: 
Character Range: 95107–98090

(1) On application under regulation 9.01, the Secretary must review the decision to which the application relates and must:
 (a) affirm the decision; or
 (b) substitute his or her decision for the decision reviewed.
 (2) The Secretary must give written notice of his or her decision to the applicant and the airport environment officer, and, if the decision is in substitution for the decision reviewed, must include in the notice the reasons for the Secretary's decision.
 (3) A decision supplanted by a substitute decision ceases to have effect, and the substitute decision is taken, for these Regulations (except this Division), to be the decision of the airport environment officer.

9.03  Secretary to obtain advice
  A decision by the Secretary under regulation 9.02 must be based on expert environmental advice, and, for that purpose, the Secretary may consult:
 (a) Commonwealth and State bodies, or officers, having relevant expertise; and
 (b) relevant independent experts.

Division 2—Review by Administrative Review Tribunal

9.04  Interpretation
  In this Division:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
reviewable decision means a decision by the Secretary:
 (a) under subregulation 6.05(3)—to direct an occupier to comply with subregulation 6.05(1) or (2); or
 (b) under subregulation 8.04(1)—refusing to grant a period of time for payment of an infringement notice penalty; or
 (c) under subregulation 8.05(2)—refusing to make an arrangement for periodical payment of an infringement notice penalty; or
 (d) under subregulation 8.06(3)—refusing to withdraw an infringement notice; or
 (e) under subregulation 9.02(1).

9.05  Statement to accompany notification of reviewable decisions
 (1) Notice given to a person affected by a reviewable decision informing the person of the decision must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with the decision, the person may apply to the Administrative Review Tribunal for review of the decision.
 (2) A failure to comply with subregulation (1) in relation to a decision does not affect the validity of the decision.

9.06  Administrative Review Tribunal review of decisions
  Subject to the Administrative Review Tribunal Act 2024, a person affected by a reviewable decision may apply to the Administrative Review Tribunal for review of the decision.

Part 10—Miscellaneous

10.01  Airport environment officers
 (1) The Secretary may appoint, as an airport environment officer for these Regulations, an individual, corporation or other body, that:
 (a) has qualifications and experience suitable for the day‑to‑day oversight of the operation of these regulations, and the carrying out of the prescribed functions of an airport environment officer; and
 (b) does not hold a stake (within the meaning given by clause 11 of the Schedule to the Act) of more than 5% in the airport‑lessee company for