Review of deprioritisation notice
11E Review of deprioritisation notice
If the Commissioner issues a deprioritisation notice to a supplier, the supplier may apply in writing to the Commissioner for review of the decision to issue the notice.
The application may—
set out the reasons why the supplier, as appropriate—
did not submit a completion report; or
did not comply in the aggregate with any commitment specified in the Local Industry Development Plan (as in force at the time of practical completion); and
respond to any information contained in the deprioritisation notice; and
include any information that the supplier thinks may be relevant to a review of the decision to issue the notice.
On receiving an application under subsection (1), the Commissioner must either—
withdraw the deprioritisation notice; or
confirm the deprioritisation notice.
The Commissioner must give the supplier written notice of the Commissioner's decision under subsection (3) in accordance with the regulations.
In determining whether to withdraw or confirm a deprioritisation notice under subsection (3), the Commissioner must take the following matters into account—
the supplier's compliance in the aggregate with commitments specified in the Local Industry Development Plan (as in force at the time of practical completion);
any completion report submitted by the supplier;
any information provided by an agency in relation to the Local Industry Development Plan or the standard project or strategic project;
any information provided to the Department that relates to the Local Industry Development Plan or the project;
any information obtained under Part 4 or 5;
any other matter the Commissioner considers relevant.
S. 11F inserted by No. 31/2025 s. 19.
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