OCCUPATIONAL SUPERANNUATION STANDARDS REGULATIONS 1987 (REPEALED)

PART 3B - PRE-1 JULY 1988 FUNDING CREDITS AND DEBITS  

REGULATION 23PQ   RECONSIDERATION OF CERTAIN DECISIONS  

23PQ(1)   [ When request for reconsideration must be filed ]  

If the trustees of a superannuation fund are dissatisfied with a decision made by the Commissioner under regulation 23PL , 23PM or 23PN , the trustees may give notice in writing to the Commissioner within:

(a) the period of 21 days after the day on which the trustees first receive notice of the decision; or

(b) such further period as the Commissioner reasonably allows;

requesting the Commissioner to reconsider the decision.

23PQ(2)   [ Reasons for request ]  

The trustees must set out in the notice the reasons for the request.

23PQ(3)   [ Duty and discretion of Commissioner ]  

Subject to subregulation (4), the Commissioner must reconsider the decision and may:

(a) confirm the decision; or

(b) vary or revoke the decision.

23PQ(4)   [ Deemed confirmation ]  

If the Commissioner does not confirm, vary or revoke the decision before the end of the period of 21 days after the day on which he or she received the request, the Commissioner is taken to have confirmed the decision under subregulation (3) at the end of that period.

23PQ(5)   [ Notice of variation or revocation ]  

If the Commissioner varies or revokes a decision, he or she must give the Commissioner of Taxation written notice of the variation or revocation.