Venture Capital Act 2002

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.

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.

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.

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.

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.

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.





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