Document ID: chunk:federal_register_of_legislation:C2011A00060:clause:1_75r
Version: federal_register_of_legislation:C2011A00060
Segment Type: clause
Provision Reference: sch 1 cl 75R
Character Range: 32714–34884

75R  Internal review of reviewable decisions

Notice to be given
 (1) The AUSTRAC CEO must, as soon as practicable after a reviewable decision is made in relation to a person (other than an AAT reviewable decision), give a written notice to the person containing:
 (a) the terms of the decision; and
 (b) if the decision is to cancel the registration of a person—the date on which the cancellation takes effect; and
 (c) the reasons for the decision; and
 (d) a statement setting out particulars of the person's right to have the decision reviewed under this section.
 (2)  Subsection (1) does not require the AUSTRAC CEO to give a notice in relation to a decision that is taken to be made because of the operation of subsection 75B(6) (which deals with deemed refusal).

Applications for internal review
 (3) A person to whom a reviewable decision referred to in subsection (1) relates may apply to the AUSTRAC CEO for review of the decision.
 (4) An application for review must:
 (a) be in the approved form; and
 (b) contain the information required by the AML/CTF Rules; and
 (c) be made within 30 days after the day on which the decision first came to the notice of the applicant, or within such period (if any) as the AUSTRAC CEO, either before or after the end of the 30 day period, allows.

Internal review of decision
 (5) The AUSTRAC CEO must, on receiving an application under subsection (3) for review of a reviewable decision, cause the decision to be reviewed by a person to whom the AUSTRAC CEO's power under this section is delegated, being a person who:
 (a) was not involved in making the decision; and
 (b) occupies a position in AUSTRAC that is senior to that occupied by any person involved in making the decision.
 (6) A person who reviews a reviewable decision under this section may:
 (a) make a decision affirming, varying or revoking the reviewable decision; and
 (b) if the person revokes the decision—make such other decision as the person thinks appropriate.

Failure to comply does not affect validity
 (7) A failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.