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s 23

Application for review by SAT

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Part IIAdvisory Committee and review

23 Application for review by SAT

(1)

Any person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision.

(2)

In subsection (1) —

person aggrieved means —

(a)

a person whose licence or triennial certificate is affected by a reviewable decision or who, under Part III, applies for the grant of a licence or applies for the renewal of a triennial certificate;

(b)

a person whose certificate of registration is affected by a reviewable decision or who, under Part IV, applies for the grant or renewal of a certificate of registration;

(c)

a licensee who has, or seeks, the Commissioner’s approval under section 56 to carry on business pursuant to a franchising agreement or another party to the agreement;

(d)

a person affected by a decision of the Commissioner under Part VI;

(e)

a person claiming against, or seeking the leave of the chief executive officer to commence an action in relation to, the Fidelity Account;

reviewable decision means —

(a)

a decision of the Commissioner under Part III other than a determination of the form in which an application is to be made;

(b)

a decision of the Commissioner under Part IV other than a determination of the form in which an application is to be made;

(c)

a decision of the Commissioner under section 56;

(d)

a decision of the Commissioner under Part VI;

(e)

a decision of the chief executive officer under section 116 or 117.

(3)

If a decision under section 116 or 117 has not been made before the commencement of the Consumer Protection Legislation Amendment Act 2014 section 69 in respect of a claim made before 1 July 2011, the decision —

(a)

may be made on or after that commencement by the Commissioner; and

(b)

is taken to be a reviewable decision for the purposes of this section.

(4)

A decision under section 116 or 117 made by the chief executive officer before the commencement of the Consumer Protection Legislation Amendment Act 2014 section 69 is taken to be a reviewable decision made immediately after that commencement for the purposes of this section.

(5)

The amendments made to this section by the Consumer Protection Legislation Amendment Act 2014 section 69 do not affect the review of a reviewable decision by the State Administrative Tribunal that began, but was not completed, before the commencement of that section.

[Section 23 inserted: No. 55 of 2004 s. 1005; amended: No. 77 of 2006 Sch. 1 cl. 147(2); No. 58 of 2010 s. 88 and 134; No. 23 of 2014 s. 69.]

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