Reconsideration and review of decisions
166 Reconsideration and review of decisions
A decision mentioned in an item in column 1 of the following table that is made by the Executive Director under the provision mentioned in column 2 of that item is a reviewable decision.
Reviewable decisions | ||
|---|---|---|
Item | Column 1 | Column 2 |
Decision | Provision | |
1 | A decision to cancel a person’s registration | Paragraph 19(6)(a) |
2 | A decision to not issue an assessment certificate | Paragraph 37(1)(b) |
3 | A decision to include a condition on an assessment certificate | Paragraph 38(1)(c) |
4 | A decision to include on an assessment certificate a specific requirement to provide information | Paragraph 38(1)(d) |
5 | A decision to remove a person as a holder of a certificate or as a person covered by a certificate | Paragraph 42(5)(a) |
6 | A decision to not vary a term of an assessment certificate | Paragraph 49(1)(b) |
7 | A decision to vary a term of an assessment certificate on the Executive Director’s initiative | Paragraph 50(5)(a) |
8 | A decision to cancel an assessment certificate on the Executive Director’s initiative | Paragraph 52(5)(a) |
9 | A decision to not issue a commercial evaluation authorisation | Paragraph 58(1)(b) |
10 | A decision to include a condition on a commercial evaluation authorisation | Paragraph 59(1)(e) |
11 | A decision to include a specific requirement to provide information on a commercial evaluation authorisation | Paragraph 59(1)(f) |
12 | A decision to remove a person as a holder of a commercial evaluation authorisation | Paragraph 61(5)(a) |
13 | A decision to not vary a term of a commercial evaluation authorisation | Paragraph 63(4)(b) |
14 | A decision to vary a term of a commercial evaluation authorisation on the Executive Director’s initiative | Paragraph 64(5)(a) |
15 | A decision to cancel a commercial evaluation authorisation on the Executive Director’s initiative | Paragraph 66(5)(a) |
16 | A decision to not vary the terms of the Inventory listing for an industrial chemical | Paragraph 93(1)(b) |
17 | A decision to not approve an application for the proper name or end use for an industrial chemical to be treated as confidential business information | Paragraph 108(1)(b) |
18 | A decision to revoke an approval to treat the proper name or end use for an industrial chemical as confidential business information | Paragraph 111(8)(a) |
19 | A decision to not approve an application for information to be treated as confidential business information | Paragraph 114(2)(b) |
20 | A decision under the rules that is specified in the rules to be a decision that is reviewable under this section | The provision specified in the rules as the provision under which the decision is made |
If another provision of this Act requires written notice to be given of a reviewable decision, the notice must include:
the reasons for the decision; and
information regarding a person’s rights to seek reconsideration or review of the decision under this section.
A person whose interests are affected by a reviewable decision may request the Executive Director to reconsider the decision.
The request must be made in writing and given to the Executive Director within 20 working days after the day on which the person was given notice of the reviewable decision, or within such longer period as the Executive Director allows.
A decision on a request must be made under subsection (6) within 70 working days after the day the request is given.
After receiving the request, the Executive Director must reconsider the decision and:
confirm the decision; or
vary the decision; or
set the decision aside and substitute a new decision.
The Executive Director’s decision (the reconsidered decision) to confirm, vary or set aside the reviewable decision takes effect:
on the day specified in the reconsidered decision; or
if a day is not specified—on the day on which the reconsidered decision is made.
The Executive Director must give the person written notice of the reconsidered decision.
Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person’s review rights.
An application may be made to the ART for review of a reconsidered decision.
This Act’s bill:Explanatory memorandumSecond reading speech
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