PART 30
-
MISCELLANEOUS
SECTION 344
REVIEW OF CERTAIN DECISIONS
Request for review
344(1)
A person who is affected by a reviewable decision of the Regulator or the Registrar may, if dissatisfied with the decision, request the decision maker to reconsider the decision.
History
S 344(1) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 items 128 and 129, by inserting
"
or the Registrar
"
and substituting
"
request the decision maker
"
for
"
request the Regulator
"
, effective 1 July 2024.
S 344(1) amended by No 54 of 1998.
How request must be made
344(2)
The request must be made by written notice given to the decision maker 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 decision maker allows.
History
S 344(2) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 130, by substituting
"
decision maker
"
for
"
Regulator
"
(wherever occurring), effective 1 July 2024.
S 344(2) amended by No 54 of 1998.
344(2A)
If the Registrar is the decision maker, the request must meet any requirements of the data standards.
History
S 344(2A) inserted by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 131, effective 1 July 2024.
Request must set out reasons
344(3)
The request must set out the reasons for making the request.
Decision maker to reconsider decision
344(4)
Upon receipt of the request, the decision maker must reconsider the decision and may, subject to subsection
(5)
, confirm or revoke the decision or vary the decision in such manner as the decision maker thinks fit.
History
S 344(4) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 133, by substituting
"
decision maker
"
for
"
Regulator
"
(wherever occurring), effective 1 July 2024.
S 344(4) amended by No 54 of 1998.
Deemed confirmation of decision if delay
344(5)
If the decision maker does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the decision maker received the request under subsection
(1)
to reconsider the decision, the decision maker is taken, at the end of that period, to have confirmed the decision under subsection
(4)
.
History
S 344(5) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 133, by substituting
"
decision maker
"
for
"
Regulator
"
(wherever occurring), effective 1 July 2024.
S 344(5) amended by No 54 of 1998.
Notice of Decision maker
'
s action
344(6)
If the decision maker confirms, revokes or varies a decision before the end of the period referred to in subsection
(5)
, the decision maker 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.
History
S 344(6) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 135, by substituting
"
decision maker
"
for
"
Regulator
"
(wherever occurring), effective 1 July 2024.
S 344(6) amended by No 54 of 1998.
Notice to Commissioner of Taxation if Regulator is decision maker
344(7)
If the Regulator is the decision maker and the Regulator gives a notice to a person under subsection
(6)
telling the person that a decision under section
40
has been revoked or varied, the Regulator must give to the Commissioner of Taxation particulars of the notice.
History
S 344(7) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 137, by inserting
"
is the decision maker and the Regulator
"
, effective 1 July 2024.
S 344(7) amended by No 54 of 1998.
ART review
344(8)
Applications may be made to the Administrative Review Tribunal for review of decisions that have been confirmed or varied under subsection
(4)
.
History
S 344(8) amended by No 38 of 2024, s 3 and Sch 1 item 71, by substituting
"
Administrative Review Tribunal
"
for
"
Administrative Appeals Tribunal
"
, effective 14 October 2024.
S 344(8) amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 139, by omitting
"
of the Regulator
"
after
"
review of decisions
"
, effective 1 July 2024.
S 344(8) amended by No 54 of 1998.
Period for making certain Administrative Review Tribunal applications
344(9)
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
the
Administrative Review Tribunal Act 2024
, apply to the Administrative Review Tribunal to extend the period.
History
S 344(9) substituted by No 38 of 2024, s 3 and Sch 1 item 46, effective 14 October 2024. S 344(9) formerly read:
Period for making certain AAT applications
344(9)
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.
Continued operation of decision despite request for review
344(10)
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 were the making of an application to the Administrative Review Tribunal for a review of that decision.
History
S 344(10) substituted by No 38 of 2024, s 3 and Sch 1 item 46, effective 14 October 2024. S 344(10) formerly read:
Section 41 of AAT Act
344(10)
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.
344(11)
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.
History
S 344(11) inserted No 38 of 2024, s 3 and Sch 1 item 46, effective 14 October 2024.
Former s 344(11) repealed by No 25 of 2008, s 3 and Sch 4 item 42, applicable to decisions made on or after 26 May 2008. S 344(11) formerly read:
344(11)
Hearings in private.
The hearing of a proceeding relating to a reviewable decision is to take place in private and the Administrative Appeals Tribunal may, by order:
(a)
give directions as to the persons who may be present; and
(b)
give directions of a kind referred to in paragraph 35(2)(b) or (c) of the
Administrative Appeals Tribunal Act 1975
.
Only trustees affected by certain reviewable decisions
344(12)
For the purposes of this section and section
345
, a person is taken not to be affected by a reviewable decision (other than a reviewable decision covered by paragraph (dd), (de), (df), (dg), (dl), (dm), (dn), (doa), (dob), (dod), (q), (qa), (qb), (r), (ra), (rb), (rc), (rd), (re), (rf), (rg), (rh), (ri), (s), (t), (ua) or (ub) of the definition of
reviewable decision
in section
10
) unless the person is a trustee of a superannuation entity that is affected by the decision.
History
S 344(12) amended by No 61 of 2013, s 3 and Sch 1 items 116 and 117, by inserting
"
(doa), (dob),
"
after
"
(dn),
"
, effective 27 June 2013 and substituting
"
, (t), (ua) or (ub)
"
for
"
or (t)
"
, effective 1 July 2013.
S 344(12) amended by No 158 of 2012, s 3 and Sch 2 item 68, by inserting
"
(rc), (rd), (re), (rf), (rg), (rh), (ri),
"
, effective 31 January 2013. For application provisions see note under Pt 16 Div
1A
heading.
S 344(12) amended by No 91 of 2012, s 3 and Sch 1 item 17, by inserting
"
, (dod)
"
after
"
(dn)
"
, effective 29 June 2012. For application provision, see note under Pt
3B
heading.
S 344(12) amended by No 25 of 2008, s 3 and Sch 1 item 69, by substituting
"
(q), (qa), (qb),
"
for
"
(pa), (pb), (q),
"
, effective 26 May 2008.
S 344(12) amended by No 53 of 2004, s 3 and Sch 1 item 86, by omitting
"
(ba), (c), (d),
"
after
"
covered by paragraph
"
, effective 1 July 2006.
S 344(12) amended by No 53 of 2004, s 3 and Sch 2 item 365, by substituting
"
a trustee
"
for
"
the trustee
"
, effective 1 July 2004.
S 344(12) amended by No 53 of 2004, s 3 and Sch 1 item 61, by inserting
"
(dd), (de), (df), (dg), (dl), (dm), (dn),
"
after
"
(d),
"
, effective 1 July 2004.
S 344(12) amended by No 160 of 2000, s 3 and Sch 3 item 44, by inserting
"
(pa), (pb),
"
after
"
(d),
"
, effective 18 January 2001.
S 344(12) amended by No 144 of 1995.