Document ID: chunk:federal_register_of_legislation:C2004A04631:body:0:p3
Version: federal_register_of_legislation:C2004A04631
Segment Type: other
Provision Reference: 
Character Range: 5300–8267

23DNC of the Principal Act is amended by inserting after subsection (3) the following subsections:

"(3A) The Minister may review a determination made under subsection (1), but the review may only take place after:

    (a) if the determination has never been reviewed under this subsection—the end of the 12 month period starting on the day on which the determination was made; or

    (b) otherwise—the end of the 12 month period starting on the day on which the decision was made on the last review of the determination.

"(3B) If after reviewing a determination under subsection (3A) the Minister is satisfied, having regard to the principles determined under subsection (5), that, because of special circumstances, the determination should continue in force, the Minister must inform the approved pathology authority in writing that he or she is so satisfied.

"(3C) If after reviewing a determination under subsection (3A) the Minister is satisfied, having regard to the principles determined under subsection (5), that special circumstances no longer exist, he or she must cancel the determination and inform the approved pathology authority in writing of the cancellation.".

Partial refund of licence fee on cancellation of certain licences

11. Section 23DNI of the Principal Act is amended by omitting from subsection (3) all words from and including:

to and including "remained in force" and substituting the following:

where:

'Actual licence days' means the number of days for which the licence remained in force; and

'Expected licence days' means the number of days for which the licence was granted.".

Review of decisions

  12. Section 23DO of the Principal Act is amended:

  (a) by inserting after subsection (2D) the following subsections:

     "(2DA) An approved pathology authority aggrieved by a decision of the Minister to cancel a determination under subsection 23DNC(3C) may, not later than 28 days after being informed of the decision of the Minister, apply to the Minister for a reconsideration of the decision by the Minister.

     "(2DB) On receiving an application under subsection (2DA), the Minister must reconsider his or her decision and may:

      (a) affirm the decision; or

        (b) revoke the decision and substitute a decision under subsection 23DNC(3B).";

  (b) by inserting in subsection (3) "(2DB)," after "(2D),";

  (c) by inserting in paragraph (5)(c) "(2DB)," after "(2D),".

Offences in relation to request forms and confirmation forms

  13. Section 23DP of the Principal Act is amended:

     (a) by omitting from subsection (1) "$1,000" and substituting "10 penalty units";

  (b) by inserting after subsection (1) the following subsection:

    "(1A) An approved pathology authority who, without reasonable excuse, contravenes subsection 23DK(1A), (2A) or (3) is guilty of an offence punishable, upon conviction, by a fine not exceeding 10 penalty units.";

    (c) by omitting from subsection (2) and