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COMMONWEALTHAct
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s 22

Internal review of decision to give compliance, stop or recall notice

In force
Part 2Security standards for smart devices
Division 4Miscellaneous

22 Internal review of decision to give compliance, stop or recall notice

(1)

An entity may apply, in writing, to the Secretary for review (an internal review) of a decision:

(a)

to give the entity a compliance notice under section 17; or

(b)

to give the entity a stop notice under section 18; or

(c)

to give the entity a recall notice under section 19; or

(d)

to vary, under section 21, a notice given to the entity.

(2)

An application for an internal review must be made within 30 days after the day on which the notice was given to the entity.

(3)

The decision‑maker for the internal review is:

(a)

the Secretary; or

(b)

if the Secretary made the decision personally—a person:

(i)

to whom the power to issue a notice of that kind has been delegated under section 86; and

(ii)

that was not involved in the making of the Secretary’s decision.

(4)

Within 30 days after the application is received, the decision‑maker must:

(a)

review the decision; and

(b)

affirm, vary or revoke the decision; and

(c)

if the decision is revoked—make such other decision (if any) that the decision‑maker thinks appropriate.

(5)

The decision‑maker for the reviewable decision must, as soon as practicable after making a decision under subsection (4), give the applicant a written statement of the decision‑maker’s reasons for the decision.

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