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COMMONWEALTHAct
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s 42

Review of decisions to give directions

In force
Part 5Regulation of controlled material, controlled apparatus and controlled facilities
Division 3Enforcement

42 Review of decisions to give directions

(1)

A controlled person to whom a direction is given under section 41 may request that the Minister reconsider the decision to give the direction.

(2)

The request must be:

(a)

in writing; and

(b)

given to the Minister within 28 days of the giving of the direction.

(3)

The Minister must reconsider the decision and confirm, vary or set aside the decision.

Note:

Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.

(4)

The Minister is taken to have confirmed the decision under subsection (3) if the Minister does not give written notice of the Minister’s decision under that subsection within 60 days of the request.

(5)

Applications may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (3) to confirm, vary or set aside the decision.

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