Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p40
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 40/48)
Character Range: 141311–144139

1975;
     'relevant decision' means a decision of an authorized officer under sub-section 9 (2);
     'reviewable decision' means—
         (a) a decision of the Minister under sub-section 9 (2); or
         (b) a decision of the Minister under sub-paragraph (3) (a) (ii) or sub-section (4).
"(2) Subject to sub-section (3), a person affected by a relevant decision may request the Minister to reconsider the decision.
"(3) The request shall —
     (a) be made by notice in writing given to the Minister within—
         (i) the period of 28 days after the decision first comes to the notice of the person; or

SCHEDULE 1—continued

         (ii) such further period as the Minister (whether before or after the expiration of that period of 28 days), by notice in writing served on the person, allows; and
     (b) shall set out the reasons for making the request.
"(4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may—
     (a) confirm the decision;
     (b) vary the decision; or
     (c) set the decision aside and make a new decision in substitution for the decision so set aside.
"(5) Where, pursuant to a request under sub-section (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.
"(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.

Statements to accompany notification of certain decisions
"12b. (1) In this section, 'decision', 'relevant decision' and 'reviewable decision' have the same respective meanings as in section 12a.
"(2) Where an authorized officer makes a relevant decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that a person affected by the decision—
     (a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with sub-section 12a (3); and
     (b) may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with the decision on the reconsideration, apply to the Administrative Appeals Tribunal for review of that decision.
"(3) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may, if the person is dissatisfied with the decision, apply to the Administrative Appeals Tribunal for review of the decision.
"(4) Any failure to comply with the requirements of