National Consumer Credit Protection Act 2009

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - MISCELLANEOUS  

Division 3 - Review of ASIC ' s decisions  

SECTION 328   NOTICE OF REVIEWABLE DECISION AND REVIEW RIGHTS  

328(1)    
This section applies if ASIC makes a decision to which section 327 applies.

328(2)    
Subject to subsection (3) , ASIC must take such steps as are reasonable in the circumstances to give to each person whose interests are affected by the decision notice, in writing or otherwise:

(a)    of the making of the decision; and

(b)    of the person's right to have the decision reviewed by the Administrative Appeals Tribunal.

328(3)    
Subsection (2) does not require ASIC to give notice to a person affected by the decision or to the persons in a class of persons affected by the decision, if ASIC determines that giving notice to the person or persons is not warranted, having regard to:

(a)    the cost of giving notice to the person or persons; and

(b)    the way in which the interests of the person or persons are affected by the decision.

328(4)    
A determination made under subsection (3) is not a legislative instrument.

328(5)    
A failure to comply with this section does not affect the validity of the decision.