PART 2
-
REGISTERING FOR ABN PURPOSES
Division 8
-
Review of reviewable ABN decisions
History
Div 8 substituted by
No 42 of 2009
, s 3 and Sch 6 item 22, effective 23 June 2009. Div 8 formerly read:
Division 8
-
Review of decisions about registration
SECTION 21 REVIEW OF DECISIONS
21(1)
Applications may be made to the Administrative Appeals Tribunal for review of the following decisions of the *Registrar:
(a)
a decision setting the date of effect of *your registration under subsection
11(1)
;
(b)
a decision refusing your application for registration under section
13
(including a decision that is taken to have been made because of subsections
13(2)
and
(3)
);
(c)
a decision to cancel your registration under subsection
18(1)
;
(d)
a decision to refuse to cancel your registration under subsection
18(4)
;
(e)
a decision setting the date of effect of a cancellation of your registration under subsection
18(2)
or
(5)
.
21(2)
If an application is made to the Tribunal for review of a decision referred to in paragraph (1)(b), the orders that may be made under subsection
41(2)
of the
Administrative Appeals Tribunal Act 1975
include an order that the *Registrar register *you pending the determination of your application for review.
21(3)
*Your registration under an order under subsection (2) ceases to have effect when your application is finally disposed of.
SECTION 22 STATEMENT OF RIGHTS TO SEEK REVIEW
22(1)
If:
(a)
a decision of a kind referred to in section
21
is made; and
(b)
notice in writing of the decision is given to a *person whose interests are affected by the decision;
that notice must:
(c)
include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the
Administrative Appeals Tribunal Act 1975
, be made to the Tribunal for review of the decision; and
(d)
except where subsection
28(4)
of that Act applies
-
also include a statement to the effect that the person may request a statement under section
28
of that Act.
22(2)
A failure to comply with subsection (1) does not affect the validity of the decision.
SECTION 21
REVIEW OF REVIEWABLE ABN DECISIONS
21(1)
*You may object, in the manner set out in Part
IVC
of the
Taxation Administration Act 1953
, against a decision you are dissatisfied with that is a *reviewable ABN decision.
21(2)
Each of the following decisions is a
reviewable ABN decision
:
Reviewable ABN decisions
|
Item
|
Decision
|
Provision under which decision is made
|
1 |
Setting the date of effect of
*
your registration |
subsection
11(1) |
2 |
Refusing to register
*
you or your representative |
section
13 |
3 |
Cancelling
*
your registration |
subsection
18(1) |
4 |
Cancelling the registration of *your representative |
subsection
18(1A) |
5 |
Refusing to cancel *your registration or that of your representative |
subsection
18(4) |
6 |
Setting the date of effect of a cancellation |
subsection
18(2)
or
(5) |
7 |
Refusing an application not to disclose details |
subsection
26(4)
or
27(7) |
[
CCH Note:
S 21(2) will be amended by No 69 of 2020 (as amended by No 35 of 2022), s 3 and Sch 1 item 75, by repealing table item 7, effective 1 July 2026 or a day or days to be fixed by Proclamation. For application and transitional provisions, see note under s
9A(2)
.]
History
S 21(2) substituted by No 42 of 2009, s 3 and Sch 6 item 51, effective 5 April 2010. S 21(2) formerly read:
21(2)
Each of the following decisions is a
reviewable ABN decision
:
Reviewable ABN decisions
|
Item
|
Decision
|
Provision under which decision is made
|
1 |
Setting the date of effect of
*
your registration |
subsection 11(1) |
2 |
Refusing to register
*
you |
section 13 |
3 |
Cancelling
*
your registration |
subsection 18(1) |
4 |
Refusing to cancel
*
your registration |
subsection 18(4) |
5 |
Setting the date of effect of a cancellation |
subsection 18(2) or (5) |
6 |
Refusing an application not to disclose details |
subsection 26(4) or 27(7) |
21(3)
Part
IVC
of the
Taxation Administration Act 1953
applies in relation to a *reviewable ABN decision as if references in that Part to the Commissioner of Taxation were references to the *Registrar.
History
S 21 substituted by No 42 of 2009, s 3 and Sch 6 item 22, effective 23 June 2009. For former wording, see note under Div
8
heading.