Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p33
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 83427–86144

application under section 153am.

"(2) Any fees received by the Board under subsection (1) are to be paid into the Consolidated Revenue Fund.

"(3) The regulations may make provision in relation to the refund of any fees paid under subsection (1).

Decision to be reconsidered only on basis of new evidence

"153ap. (1) A decision is to be reconsidered only if there is evidence relevant to the decision that was not previously taken into account by the Board in making the decision.

"(2) If an application is not supported by evidence in accordance with subsection (1), the Board must dismiss the application.

"(3) The dismissal of an application in respect of a decision does not preclude the applicant from subsequently submitting another application in respect of the decision.

Decision to be referred to panel in certain circumstances

"153aq. (1) Where a decision of the Board that is to be reconsidered was made after taking into consideration recommendations made by the members of a panel under subsection 54f (4), the Board must refer the decision to a panel consisting of such number of persons as the Board appoints to assist it in its reconsideration of the decision.

"(2) The members of the panel must be persons of a kind mentioned in subsection 54f (2).

"(3) Subsections 54f (3) and (4) apply where the Board refers a decision under subsection (1) as if:

    (a)     the application for a reconsideration were a request for the approval of the retirement of the person to whom the decision relates; and

    (b)     the period within which the members of the panel are required to make recommendations in writing to the Board under subsection 54f (4) were such period as is specified by the Board.

Decision to be referred to Committee

"153ar. (1) Subject to subsection (2), if the Board does not under section 153ap dismiss an application made under section 153am, the Board must refer the decision to which the application relates to a Committee.

"(2) Where, under subsection 153aq (1), the Board is required to refer the decision to a panel of persons, the Board, after receiving the recommendations of the members of the panel, must refer the decision to a Committee together with a copy of those recommendations.

"(3) The Board may also, on its own motion, refer any of its decisions to a Committee.

Determination by Board

"153as. (1) After taking into account, in relation to a decision referred to a Committee:

  (a)     the recommendations of the Committee; and

    (b)     any principles formulated by the Minister that were relevant to the decision; and

  (c)     any other matter that the Board considers relevant;

the Board must, by instrument setting out the reasons for so