Which decisions are reviewable
20 Which decisions are reviewable
The following table sets out—
decisions made under this Act that are reviewable in accordance with this Part (reviewable decisions); and
who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision).
S. 20(1A) inserted by No. 66/2008 s. 11.
In addition, regulations made under this Act may specify that a decision made by the Authority under a prescribed provision of those regulations is a reviewable decision and specify who is an eligible person in relation to the decision.
To avoid doubt, sections 4 and 5 of the Victorian Civil and Administrative Tribunal Act 1998 apply for the purposes of this Act.
Note
Under section 4 of that Act, a person makes a decision if the person refuses to make a decision or an instrument, imposes a condition or restriction or does or refuses to do any other act or thing. Section 5 of that Act sets out when a person's interests are affected by a decision.
Item | Provision under which reviewable decision is made | Reviewable decision | Eligible person |
1. | Section 16A(2) | To impose terms and conditions on the return of a seized thing | (1) The owner of the seized thing. (2) A person who has an interest in the seized thing. (3) Any other person whose interests are affected by the decision. |
2. | Section 16B(1) | To decide that a seized thing is forfeit | (1) A person to whom a notice of forfeiture is issued under section 16B(2). (2) A person who has an interest in the seized thing. (3) Any other person whose interests are affected by the decision. |
3. | Section 17A(5) | To confirm a provisional direction | (1) The person to whom the direction is issued. (2) Any other person whose interests are affected by the decision. |
4. | Section 17B(1) | To issue a non-disturbance notice | (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. |
Item | Provision under which reviewable decision is made | Reviewable decision | Eligible person |
5. | Section 17C(1) | To issue an improvement notice | (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. |
6. | Section 17C(3)(a) | To certify that matters that are the subject of an improvement notice have been remedied | (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. |
7. | Section 17D(1) | To issue a prohibition notice | (1) The person to whom the notice is issued. (2) Any other person whose interests are affected by the decision. |
8. | Section 17D(1) | To certify that matters that are the subject of a prohibition notice have been remedied | (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. |
9. | Section 17F | To vary or cancel a non‑disturbance notice, improvement notice or prohibition notice | (1) The person to whom the notice was issued. (2) Any other person whose interests are affected by the decision. |
S. 20A inserted by No. 31/2005 s. 12.
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