Review of certain decisions of Minister
111 Review of certain decisions of Minister
A person aggrieved by a decision of the Minister—
to refuse an application for the issue or renewal of an authority;
or
to refuse an application for consent to transfer an authority;
or
to impose conditions on an authority or vary a condition of an authority, may, within 1 month of the day on which the decision is made, apply to the Minister for a review (an internal review) of the decision.
The Minister must, if required by the applicant for the review, state in writing the reasons for the decision that is the subject of the application for review.
If the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person, within 28 days of the making of the decision, requires the Minister to state the reasons in writing, the time for instituting a review runs from the time at which that person receives the written statement of those reasons.
An application for a review must be made in accordance with the regulations.
The Minister must review the decision that is the subject of an application for review under this section.
An applicant for review must, if so required by the
Minister—
appear personally before the Minister in support of the application; and
provide any information sought by the Minister; and
verify information provided to the Minister by statutory declaration.
An applicant for review may be assisted before the Minister by an agent or representative (not being a legal practitioner).
On a review under this section, the Minister—
may confirm or vary the decision under review or set aside the decision and substitute a new decision; and
must provide the applicant for review with a written statement of the reasons for making the decision.
This provision refers to the regulations (the regulations
). Made under this Act:
- Fisheries Management (Charter Boat Fishery) Regulations 2016
- Fisheries Management (Demerit Points) Regulations 2017
- Fisheries Management (Fish Processors) Regulations 2017
7 more instruments made under this Act are listed on the Act’s overview.
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