THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.4A - REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL OF CERTAIN DECISIONS

SECTION 1317D   NOTICE OF REVIEWABLE DECISION AND REVIEW RIGHTS  

1317D(1)  [Application of section]  

This section applies if the Minister, the Commission or the Companies Auditors and Liquidators Disciplinary Board (the ``decision maker'' ) makes a decision to which section 1317B applies.

1317D(2)  [Decision maker to give notice]  

Subject to subsection (3), the decision maker 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 Tribunal.

1317D(3)  [Where notice need not be given]  

Subsection (2) does not require the decision maker to give notice to a person affected by the decision or to the persons in a class of persons affected by the decision, if the decision maker 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.

1317D(4)  [Effect of failure to give notice]  

A failure to comply with this section does not affect the validity of the decision.

1317D(5)  [What are special circumstances]  

The fact that a person has not been given notice of the decision because of a determination under subsection (3) constitutes special circumstances for the purposes of subsection 29(6) of the Administrative Appeals Tribunal Act 1975.