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COMMONWEALTHAct
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s 42

Internal reconsideration of decisions

In force
Part VCommonwealth records
Division 4Review of decisions

42 Internal reconsideration of decisions

(1)

Where a person has made an application to which section 40 applies and is dissatisfied with the decision on the application, he or she may, within 28 days after the day on which notice of the decision was given to him or her or within such further period as the Archives allows, apply in writing to the Archives for a reconsideration of the decision.

(2)

Where an application for reconsideration of a decision is made in accordance with this section, the Archives shall:

(a)

reconsider the decision and for that purpose arrange for any necessary review under section 35 of a determination under that section; and

(b)

give notice to the applicant of the decision on the reconsideration as soon as practicable, and within 30 business days, after the day the application for the reconsideration is received by the Archives (whether or not that decision confirms the previous decision).

(3)

A decision by the Archives on an application in accordance with this section for reconsideration of a decision shall be made after consideration of the application by the Director‑General or a person authorized by him or her to deal with such applications.

(4)

The provisions of section 40 extend to a decision made under this section upon a review of a decision in relation to the provision of access to a record that is the subject of an application under that section.

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