Reconsideration of compliance notice
35G Reconsideration of compliance notice
President must reconsider compliance notice if requested
A person to whom a compliance notice is given may request the President to reconsider the compliance notice.
The request must:
be made in writing; and
set out the reasons for the request; and
be given to the President within 21 days after the day the compliance notice is given to the person.
If requested, the President must reconsider the compliance notice.
President may reconsider compliance notice on own initiative
The President may reconsider a compliance notice given to a person without receiving a request if satisfied there is sufficient reason to do so.
Reconsideration
The President must act expeditiously in reconsidering a compliance notice.
After reconsidering a compliance notice, the President must:
affirm the compliance notice; or
vary the compliance notice; or
revoke the compliance notice.
The President must give written notice of a decision under subsection (6) to the person to whom the compliance notice was given, setting out the reasons for the decision.
Decisions by delegates
If the President’s functions under this section are performed by a delegate of the President, the delegate who reconsiders a compliance notice:
must not have been involved in giving the compliance notice; and
must hold a position, or perform duties, of at least the same level as the person who gave the compliance notice.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.