Retirement Savings Accounts Act 1997
Request for review
189(1)
A person who is affected by a reviewable decision of the Regulator may, if dissatisfied with the decision, request the Regulator to reconsider the decision.
How request must be made
189(2)
The request must be made by written notice given to the Regulator within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the Regulator allows.
Request must set out reasons
189(3)
The request must set out the reasons for making the request.
Regulator to reconsider decision
189(4)
Upon receipt of the request, the Regulator must reconsider the decision and may, subject to subsection (5) , confirm or revoke the decision or vary the decision in such manner as the Regulator thinks fit.
Deemed confirmation of decision if delay
189(5)
If the Regulator does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the Regulator received the request under subsection (1) to reconsider the decision, the Regulator is taken, at the end of that period, to have confirmed the decision under subsection (4) .
Notice of Regulator ' s action
189(6)
If the Regulator confirms, revokes or varies a decision before the end of the period referred to in subsection (5) , the Regulator must give written notice to the person telling the person: (a) the result of the reconsideration of the decision; and (b) the reasons for confirming, varying or revoking the decision, as the case may be.
AAT review of Regulator ' s decisions
189(7)
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Regulator that have been confirmed or varied under subsection (4) .
[ CCH Note: S 189(7) will be amended by No 38 of 2024, s 3 and Sch 1 item 69, by substituting " ART " for " AAT " in the heading and " Administrative Review Tribunal " for " Administrative Appeals Tribunal " , effective 14 October 2024.]
Period for making certain AAT applications
189(8)
If a decision is taken to be confirmed because of subsection (5) , section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period of 28 days beginning on the day on which the decision is taken to be confirmed.
[ CCH Note: S 189(8) will be substituted by No 38 of 2024, s 3 and Sch 1 item 43, effective 14 October 2024. S 189(8) will read:
]
Period for making certain ART applications
189(8)
If a decision is taken to be confirmed because of subsection (5) , then, despite section 18 (when to apply - general rule) of the Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is taken to be confirmed.Note:
A person may, under section 19 of that Act, apply to the Administrative Review Tribunal to extend the period.
Section 41 of AAT Act
189(9)
If a request is made under subsection (1) in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.
[ CCH Note: S 189(9) will be substituted by No 38 of 2024, s 3 and Sch 1 item 43, effective 14 October 2024. S 189(9) will read:
]
Continued operation of decision despite request for review
189(9)
If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the Administrative Review Tribunal Act 2024 applies as if the making of the request to the Regulator were the making of an application to the Tribunal for a review of that decision.
[ CCH Note: S 189(10) will be inserted by No 38 of 2024, s 3 and Sch 1 item 43, effective 14 October 2024. S 189(10) will read:
]
189(10)
An order must not be made under subsection 32(2) of the Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
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