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s 124

Applying for internal review

In force
Part 6Review of decisions and legal proceedings
Division 1Review of decisions

124 Applying for internal review

(1)

An affected person for an original decision may apply to the chief executive for a review of the decision (an internal review).

(2)

If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.

(3)

A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.

(4)

The application for internal review must be made to the chief executive within—

(a)

for a person who has been given an information notice for the original decision—28 days after the day the person is given the notice; or

(b)

for a person who has not been given an information notice for the original decision—28 days after the day the person becomes aware of the decision.

(5)

The chief executive may, at any time, extend the period within which the application may be made.

(6)

The application does not affect the operation of the original decision or prevent the decision being implemented.

Note—

The Transport Planning and Coordination Act 1994, section 32, as applied under subsection (7), provides for a stay of the original decision.

(7)

The Transport Planning and Coordination Act 1994, part 5, division 2, other than section 31(1) to (3) of that Act, applies in relation to the internal review.

(8)

In this section—

affected person, in relation to an original decision, means a person who must be given an information notice for the decision.

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