FIRST HOME SAVER ACCOUNTS ACT 2008 (REPEALED)

PART 5 - ADMINISTRATION  

Division 4 - Review of decisions  

Subdivision B - Review of certain APRA decisions  

SECTION 75   Review of certain decisions  
Request for review

75(1)    
A person who is affected by a reviewable decision of APRA may, if dissatisfied with the decision, request APRA to reconsider the decision.

How request must be made

75(2)    
The request must be made by written notice given to APRA 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 APRA allows.

Request must set out reasons

75(3)    
The request must set out the reasons for making the request.

APRA to reconsider decision

75(4)    
Upon receipt of the request, APRA must reconsider the decision and may, subject to subsection (5), confirm or revoke the decision or vary the decision in such manner as APRA thinks fit.

Deemed confirmation of decision if delay

75(5)    
If APRA does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which APRA received the request under subsection (1) to reconsider the decision, APRA is taken, at the end of that period, to have confirmed the decision under subsection (4).

Notice of APRA ' s action

75(6)    
If APRA confirms, revokes or varies a decision before the end of the period referred to in subsection (5), APRA must give written notice to the person stating:

(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.

AAT review of APRA ' s decisions

75(7)    
Applications may be made to the Administrative Appeals Tribunal for review of decisions of APRA that have been confirmed or varied under subsection (4).

Period for making certain AAT applications

75(8)    
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.

Only trustees affected by certain reviewable decisions

75(9)    
For the purposes of this section and section 76 , a person is taken not to be affected by a reviewable decision mentioned in paragraph 74(f), (g) or (h) unless the person is a trustee of an FHSA trust that is affected by the decision.