Document ID: chunk:federal_register_of_legislation:F2024C00895:reg:4cm
Version: federal_register_of_legislation:F2024C00895
Segment Type: reg
Provision Reference: reg 4CM
Character Range: 67930–69901

4CM  Review by Secretary
 (1) A person whose interests are affected by a decision of a licensee in relation to the grant, variation, renewal, transfer, conditions, suspension or cancellation of a sub‑licence may apply to the Secretary for a review of the decision.
 (2) An application must:
 (a) be in writing; and
 (b) set out the reasons for making the application; and
 (c) be received at the office of the Secretary within 28 days after the day when the person became aware of the licensee's decision.
 (3) Within 45 days after receiving an application under subregulation (1), the Secretary must review the licensee's decision and must make a decision:
 (a) confirming the licensee's decision; or
 (b) revoking the licensee's decision; or
 (c) in substitution for the licensee's decision, whether or not in the same terms as the licensee's decision.
 (4) Before making a decision under subregulation (3), the Secretary must give to the applicant and to the licensee a reasonable opportunity to make representations about the licensee's decision.
 (5) The Secretary must give to the applicant and to the licensee written notice of:
 (a) the Secretary's decision under subregulation (3); and
 (b) the reasons for the decision.
 (6) The Secretary may give a direction, in writing, to the licensee for the implementation of the Secretary's decision.
Examples
The Secretary may direct that a sub‑licence:
            * be granted, or not be granted, to an applicant; or
            * be transferred, or not be transferred, to an applicant; or
            * be renewed, or not be renewed.
 (7) A direction under subregulation (6) must specify a reasonable period within which the licensee must comply with the direction.
 (8) The Secretary must give a copy of a direction under subregulation (6) to the applicant.
Note: An application may be made to the Administrative Review Tribunal for a review of a decision by the Secretary under this regulation—see regulation 4CN.