Document ID: chunk:federal_register_of_legislation:F2024C00933:reg:101
Version: federal_register_of_legislation:F2024C00933
Segment Type: reg
Provision Reference: reg 101
Character Range: 152027–153591

101  Reconsideration of regulatory reviewable decision
 (1) If a request is made under section 99 by an interested person for a regulatory reviewable decision, the Commissioner must:
 (a) personally reconsider the decision; or
 (b) cause the decision to be reconsidered by a delegate of the Commissioner:
 (i) who was not involved in making the decision; and
 (ii) who occupies a position that is at least the same level as that occupied by the person who made the decision.
 (2) After reconsidering the regulatory reviewable decision, the internal reviewer must:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (3) After the internal reviewer makes the reconsideration decision, the internal reviewer must give the interested person for the regulatory reviewable decision, and the Secretary, written notice of the reconsideration decision and the reasons for the decision within:
 (a) if the regulatory reviewable decision is a decision of a kind mentioned in item 3, 3A, 4 or 6 of the table in section 98—56 days after the request was received; and
 (b) otherwise—28 days after the request was received.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.
 (4) The reconsideration decision is taken to have been made under the provision under which the regulatory reviewable decision was made other than for the purposes of:
 (a) the definition of regulatory reviewable decision in section 4; and
 (b) section 98.