Document ID: chunk:federal_register_of_legislation:C2024A00091:section:38
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 38
Character Range: 60596–63264

38  Review of licence decisions

Decisions which may be reviewed
 (1) This section applies to any decisions of the Regulator under this Part (the original decision), other than a decision made under subsection 35(3) (which requires the Regulator to suspend a licence in certain circumstances).

Internal review
 (2) As soon as practicable after the original decision is made, a written notice must be given to the person (the relevant person) who is:
 (a) for a decision relating to a refusal to issue a licence, or to issue a licence on terms that are different from those applied for—the applicant for the licence; and
 (b) for a decision relating to varying, suspending, cancelling or surrendering a licence—the licence holder.
 (3) The notice must contain:
 (a) the terms of the decision; and
 (b) the reasons for the decision; and
 (c) a statement setting out particulars of the person's right to have the decision reviewed under this section.
 (4) The relevant person may apply to the Regulator for review of the original decision unless the original decision was made by the Director‑General.
 (5) An application for review under subsection (4) must:
 (a) be in the approved form; and
 (b) contain the information required by the regulations; and
 (c) be made within:
 (i) 30 days after the day on which the written notice of the decision was given to the relevant person; or
 (ii) such longer period as allowed by the Regulator either before or after the end of the 30‑day period.
 (6) The Regulator must, on receiving an application under subsection (4) for review of the original decision, cause the original decision to be reviewed by a person who is to perform the Regulator's power under this section, being a person who:
 (a) was not involved in making the original decision; and
 (b) occupies a position that is senior to that occupied by any person involved in making the original decision.
 (7) A person who reviews the original decision under this section may:
 (a) make a decision affirming, varying or revoking the original decision; and
 (b) if the person revokes the original decision—make such other decision as the person thinks appropriate.
 (8) A failure to comply with the requirements of subsection (2) in relation to the original decision does not affect the validity of the original decision.

AAT review
 (9) Applications may be made to the Administrative Appeals Tribunal for review of:
 (a) if the Director‑General made the original decision—the original decision; or
 (b) a decision made under subsection (7) on internal review of the original decision.

Part 4—Compliance and enforcement

Division 1—Simplified outline of this Part