National Consumer Credit Protection Act 2009

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - MISCELLANEOUS  

Division 3 - Review of ASIC ' s decisions  

SECTION 327   REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL OF DECISIONS BY ASIC UNDER THIS ACT  

327(1)    

An application may be made to the Administrative Appeals Tribunal for review of a decision (within the meaning of the Administrative Appeals Tribunal Act 1975 ) made by ASIC under this Act other than:

(aa)    

a decision of ASIC under subsection 54(1B) (which deals with immediate cancellation of a licence); or

(a)    a decision of ASIC under subsection 109(3) (which deals with certain exemptions from, and modifications of, Chapter 2); or

(b)    a decision of ASIC under subsection 163(3) (which deals with certain exemptions from, and modifications of, Chapter 3); or

(c)    

a decision of ASIC under section 238A or 238B (which deals with approved codes of conduct); or

(d)    

a decision of ASIC under Chapter 6 (which deals with compliance and enforcement), except for a decision of ASIC:

(i) to make an order under subsection 300(1) (which deals with orders relating to credit contracts, mortgages, guarantees or consumer leases); or

(ii) to make, or refuse to make, an order under subsection 301(1) (which deals with orders varying or revoking orders made under section 300 ); or

(iii) to make an order under subsection 301D(1) (which deals with product intervention orders); or

(iv) to amend a product intervention order under section 301J unless, under subsection 301J(6) , the amendment must be by legislative instrument; or

(v) to revoke a product intervention order under section 301K unless, under subsection 301K(4) , the revocation must be by legislative instrument; or

(e)    a decision of ASIC to make a determination under subsection 328(3) (which deals with determinations in relation to notice of reviewable decisions etc.); or

(f)    a decision of ASIC under subsection 6(17) of the National Credit Code (which deals with the exclusion of provisions of credit from the application of the National Credit Code); or

(g)    a decision of ASIC under subsection 171(6) of the National Credit Code (which deals with the exclusion of consumer leases from the application of the National Credit Code); or

(h)    a decision of ASIC under subsection 203A(3) of the National Credit Code (which deals with certain exemptions from the National Credit Code); or

(i)    

a decision of ASIC under the regulations, unless the regulations specify that an application may be made to the Administrative Appeals Tribunal for review of the decision.

327(1A)    

An application may also be made to the Administrative Appeals Tribunal for review of a decision (within the meaning of the Administrative Appeals Tribunal Act 1975 ) made by the Registrar under the data standards or disclosure framework.

327(2)    

Section 27A of the Administrative Appeals Tribunal Act 1975 does not apply to the decision.