PART 5
-
REVIEW OF DECISIONS
Division 29
-
Review of decisions
SECTION 29-10
INTERNAL REVIEW OF DECISIONS
29-10(1)
If the *person affected by a decision that is reviewable under this Part is dissatisfied with the decision, the person may, by notice in writing given to *Industry Innovation and Science Australia, request Industry Innovation and Science Australia to reconsider the decision.
History
S 29-10(1) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
and
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
, effective 11 September 2021.
S 29-10(1) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
and
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
, effective 20 October 2016.
S 29-10(1) amended by No 164 of 2007, s 3 and Sch 12 items 260 and 261, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
, effective 27 September 2007.
S 29-10(1) amended by No 78 of 2007, s 3 and Sch 8 items 330 and 331, by substituting
"
*Venture Capital Registration Board
"
for
"
*PDF Board
"
and substituting
"
Venture Capital Registration Board
"
for
"
PDF Board
"
, effective 21 June 2007.
29-10(2)
The request must not be made more than 21 days, or such longer period as *Industry Innovation and Science Australia approves, after the person receives from Industry Innovation and Science Australia a notice advising of the decision.
History
S 29-10(2) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
and
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
, effective 11 September 2021.
S 29-10(2) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
and
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
, effective 20 October 2016.
S 29-10(2) amended by No 164 of 2007, s 3 and Sch 12 items 262 and 263, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
, effective 27 September 2007.
S 29-10(2) amended by No 78 of 2007, s 3 and Sch 8 items 332 and 333, by substituting
"
*Venture Capital Registration Board
"
for
"
*PDF Board
"
and substituting
"
Venture Capital Registration Board
"
for
"
PDF Board
"
, effective 21 June 2007.
29-10(3)
The request must set out the person
'
s reasons for making it.
29-10(4)
On receipt of the request, *Industry Innovation and Science Australia must reconsider the decision and may confirm or revoke it, or vary it in such manner as Industry Innovation and Science Australia thinks fit.
History
S 29-10(4) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
and
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
, effective 11 September 2021.
S 29-10(4) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
and
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
, effective 20 October 2016.
S 29-10(4) amended by No 164 of 2007, s 3 and Sch 12 items 264 and 265, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
, effective 27 September 2007.
S 29-10(4) amended by No 78 of 2007, s 3 and Sch 8 items 334 and 335, by substituting
"
*Venture Capital Registration Board
"
for
"
*PDF Board
"
and substituting
"
Venture Capital Registration Board
"
for
"
PDF Board
"
, effective 21 June 2007.
29-10(5)
If *Industry Innovation and Science Australia does not confirm, vary or revoke the decision before the end of the period of 60 days after the day on which Industry Innovation and Science Australia receives the request, Industry Innovation and Science Australia is taken, at the end of that period, to have confirmed the decision.
History
S 29-10(5) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
and
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
(wherever occurring), effective 11 September 2021.
S 29-10(5) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
and
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
(wherever occurring), effective 20 October 2016.
S 29-10(5) amended by No 164 of 2007, s 3 and Sch 12 items 266 and 267, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
(wherever occurring), effective 27 September 2007.
S 29-10(5) amended by No 78 of 2007, s 3 and Sch 8 items 336 and 337, by substituting
"
*Venture Capital Registration Board
"
for
"
*PDF Board
"
and substituting
"
Venture Capital Registration Board
"
for
"
PDF Board
"
(wherever occurring), effective 21 June 2007.
29-10(6)
As soon as practicable after *Industry Innovation and Science Australia confirms, varies or revokes the decision, Industry Innovation and Science Australia 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
(5)
applies
-
advises of Industry Innovation and Science Australia
'
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 Review Tribunal under the
Administrative Review Tribunal Act 2024
for review of the decision as confirmed or varied.
History
S 29-10(6) amended by No 39 of 2024, s 3 and Sch 11 item 89, 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 14 October 2024.
S 29-10(6) amended by No 101 of 2021, s 3 and Sch 1 items 6(a), (c) and (d), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
,
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
and
"
Industry Innovation and Science Australia
'
s
"
for
"
Innovation and Science Australia
'
s
"
in para (b), effective 11 September 2021.
S 29-10(6) amended by No 63 of 2016, s 3 and Sch 1 items 49(a), (c) and (d), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
,
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
and
"
Innovation and Science Australia
'
s
"
for
"
Innovation Australia
'
s
"
in para (b), effective 20 October 2016.
S 29-10(6) amended by No 164 of 2007, s 3 and Sch 12 items 268 to 270, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
, substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
and substituting
"
Innovation Australia
'
s
"
for
"
the Venture Capital Registration Board
'
s
"
in para (b), effective 27 September 2007.
S 29-10(6) amended by No 78 of 2007, s 3 and Sch 8 items 338 to 340, by substituting
"
*Venture Capital Registration Board
"
for
"
*PDF Board
"
, substituting
"
Venture Capital Registration Board
"
for
"
PDF Board
"
and substituting
"
Venture Capital Registration Board
'
s
"
for
"
PDF Registration Board
'
s
"
in para (b), effective 21 June 2007.
29-10(7)
A failure to comply with subsection
(6)
in relation to the confirmation, variation or revocation of the decision does not affect the validity of the confirmation, variation or revocation.
29-10(8)
For the purposes of subsections
(4)
,
(5)
,
(6)
and
(7)
and section
29-15
, if *Industry Innovation and Science Australia revokes a decision and replaces it with another decision:
(a)
Industry Innovation and Science Australia is taken to vary the first-mentioned decision and not to revoke it; and
(b)
the other decision is taken to be the first-mentioned decision as varied.
History
S 29-10(8) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
and
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
in para (a), effective 11 September 2021.
S 29-10(8) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
and
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
in para (a), effective 20 October 2016.
S 29-10(8) amended by No 164 of 2007, s 3 and Sch 12 items 271 and 272, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
in para (a), effective 27 September 2007.
S 29-10(8) amended by No 78 of 2007, s 3 and Sch 8 items 341 and 342, by substituting
"
*Venture Capital Registration Board
"
for
"
*PDF Board
"
and substituting
"
Venture Capital Registration Board
"
for
"
PDF Board
"
in para (a), effective 21 June 2007.