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COMMONWEALTHRegulation
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s 85

Certain decisions may be reconsidered

In force
Part 9Reconsideration and review

85 Certain decisions may be reconsidered

(1)

The following decisions are decisions to which this regulation applies:

Item

Provision under which decision made

Brief description of decision

1

subregulation 12(4)

not to examine a standard of measurement until the applicant complies with a notice

2

subregulation 13(1)

not to verify a standard of measurement

2A

subregulation 34B(4)

not to verify an artefact until the applicant complies with a notice

2B

subregulation 34C(1)

not to verify an artefact

3

subregulation 36(4)

not to examine a measuring instrument until the applicant complies with a notice

4

subregulation 37(1)

not to certify a measuring instrument on application or to give a certificate in a way not sought by the applicant

5

subregulation 46(4) or 47(3)

not to examine a reference material until the applicant complies with a notice

6

subregulation 48(1)

not to certify a reference material on application or to give a certificate in a way not sought by the applicant

7

subregulation 49(1)

not to vary a certificate on application or to vary a certificate on application in a way not sought by the applicant

8

subregulation 58(4) or 59(3)

not to examine the pattern of a measuring instrument until the applicant complies with a notice

9

subregulation 60(1)

not to approve the pattern of a measuring instrument on application or to give a certificate in a way not sought by the applicant

10

subregulation 61(1)

not to vary a certificate on application or to vary a certificate on application in a way not sought by the applicant

11

regulation 71

not to give a permission or to cancel a permission

12

subregulation 72(3)

not to vary an appointment on application

13

subregulation 72(3)

to vary an appointment in a way not sought by the applicant

14

subregulation 73(1)

not to make an appointment

15

subregulation 82(3)

to vary, cancel or withdraw an instrument or certificate other than on application

(2)

A person affected by a decision to which this regulation applies (the initial decision) may ask the decision maker in writing to reconsider the decision.

(3)

The request must be made within:

(a)

28 days after the person or anyone else was told in writing of the initial decision, and given reasons for the decision, by the decision maker; or

(b)

any longer period allowed by the decision maker.

(4)

The request for reconsideration must state the decision that the person wants the decision maker to make and outline why the decision maker should make that decision.

(5)

Within 28 days after receiving the request, the decision maker must reconsider the initial decision and:

(a)

confirm the decision; or

(b)

vary the decision; or

(c)

set the decision aside and substitute a new decision.

(6)

The decision maker must tell the person in writing of the result of the reconsideration and, if the decision maker does not make the decision that the person wants the decision maker to make:

(a)

give the person written reasons for the reconsidered decision; and

(b)

tell the person that the person may apply to the Administrative Review Tribunal to have the decision reviewed by the Tribunal.

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