Document ID: chunk:federal_register_of_legislation:C2004A04141:body:0:p5
Version: federal_register_of_legislation:C2004A04141
Segment Type: other
Provision Reference: 
Character Range: 13346–15992

given to the Board:

     (a) within the period of 21 days after receiving notice of the decision; or

(b) within such further period as the Board allows; request the Board to reconsider the decision.

  "(3) The request must set out the reasons for making the request.

"(4) Upon receipt of the request, the Board must reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as the Board thinks fit.

"(5) If the Board does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the Board received the request under subsection (2) to reconsider the decision, the Board is taken, at the end of that period, to have confirmed the decision under subsection (4).

"(6) Where the Board confirms, revokes or varies a decision before the end of the period referred to in subsection (5), the Board must, by notice served on the applicant, inform the applicant of the result of the reconsideration of the decision, and the reasons for confirming, varying or revoking the decision, as the case may be.

"(7) Where the Board gives a notice to an applicant under subsection (6) informing the applicant that a decision has been revoked or varied, the Board must advise the Commissioner of particulars of the notice.

Review of decisions by Administrative Appeals Tribunal

"39t. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Board:

    (a)     that have been confirmed or varied under subsection 39s (4); or

    (b)     under subsection 39g (4), section 39m or subsection 39n (2) or 39p (4).

"(2) Where a decision is taken, under subsection 39s (5), to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period commencing on the day on which the decision is taken to be confirmed and ending on the 28th day after that day.

"(3) Where a request is made under subsection 39s (2) in respect of a decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for review of that decision.

"(4) The hearing of a proceeding relating to a decision covered by subsection (1) must take place in private and the Administrative Appeals Tribunal may, by order:

  (a)     give directions as to the persons who may be present; and

    (b)     give directions of a kind referred to in paragraph 35 (2) (b) or (c) of the Administrative Appeals Tribunal Act 1975.