Pooled Development Funds Act 1992
PART 8
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REVIEW OF DECISIONS
SECTION 55
INTERNAL REVIEW OF DECISIONS
55(1)
The person affected by a reviewable decision may, if dissatisfied with the decision, by notice in writing given to the Board, request the Board to reconsider the decision.
55(2)
The request must not be made more than 21 days, or such longer period as the Board approves, after the person receives from the Board a notice advising of the decision.
55(3)
For the purposes of subsection (2) , if the decision is to give a direction under subsection 33(2) , 34(1) , 35(1) or 36(1) , the notice by which the direction is given is taken to be a notice advising of the decision.
55(4)
The request must set out the person ' s reasons for making it.
55(5)
On receipt of the request, the Board must reconsider the decision and may confirm or revoke it, or vary it in such manner as the Board thinks fit.
55(6)
If the Board does not confirm, vary or revoke the decision before the end of the period of 60 days after the day on which the Board receives the request, the Board is taken, at the end of that period, to have confirmed the decision.
55(7)
As soon as practicable after the Board confirms, varies or revokes the decision, the Board must give the person a written notice that: (a) advises of the confirmation, variation or revocation of the decision; and (b) except in a case to which subsection (6) applies - advises of the Board ' s reasons for confirming, varying or revoking the decision; and (c) in the case of a confirmation or variation of the decision - advises the person that the person may apply to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision as confirmed or varied.
55(8)
A failure to comply with subsection (7) in relation to the confirmation, variation or revocation of the decision does not affect the validity of the confirmation, variation or revocation.
55(9)
For the purposes of subsections (5) , (6) , (7) and (8) and section 56 , if the Board revokes a decision and replaces it with another decision, the Board is taken to vary the first-mentioned decision and not to revoke it, and the other decision is taken to be the first-mentioned decision as varied.
The person affected by a reviewable decision may, if dissatisfied with the decision, by notice in writing given to the Board, request the Board to reconsider the decision.
55(2)
The request must not be made more than 21 days, or such longer period as the Board approves, after the person receives from the Board a notice advising of the decision.
55(3)
For the purposes of subsection (2) , if the decision is to give a direction under subsection 33(2) , 34(1) , 35(1) or 36(1) , the notice by which the direction is given is taken to be a notice advising of the decision.
55(4)
The request must set out the person ' s reasons for making it.
55(5)
On receipt of the request, the Board must reconsider the decision and may confirm or revoke it, or vary it in such manner as the Board thinks fit.
55(6)
If the Board does not confirm, vary or revoke the decision before the end of the period of 60 days after the day on which the Board receives the request, the Board is taken, at the end of that period, to have confirmed the decision.
55(7)
As soon as practicable after the Board confirms, varies or revokes the decision, the Board must give the person a written notice that: (a) advises of the confirmation, variation or revocation of the decision; and (b) except in a case to which subsection (6) applies - advises of the Board ' s reasons for confirming, varying or revoking the decision; and (c) in the case of a confirmation or variation of the decision - advises the person that the person may apply to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 for review of the decision as confirmed or varied.
[ CCH Note: S 55(7) will be amended by No 39 of 2024, s 3 and Sch 11 item 77, by substituting " Administrative Review Tribunal under the Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 " in para (c), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
55(8)
A failure to comply with subsection (7) in relation to the confirmation, variation or revocation of the decision does not affect the validity of the confirmation, variation or revocation.
55(9)
For the purposes of subsections (5) , (6) , (7) and (8) and section 56 , if the Board revokes a decision and replaces it with another decision, the Board is taken to vary the first-mentioned decision and not to revoke it, and the other decision is taken to be the first-mentioned decision as varied.
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