Part VI
-
Reconsideration and Review of decisions
History
Part VI inserted by No 116 of 2003, s 3 and Sch 2 item 18, effective 28 November 2003.
SECTION 51C
Review of decisions
(1)
Applications may be made to the Administrative Review Tribunal for review of decisions of APRA that have been confirmed or varied under subsection
51B(3)
.
History
S 51C(1) amended by No 39 of 2024, s 3 and Sch 14 item 3, by substituting
"
Administrative Review Tribunal
"
for
"
Administrative Appeals Tribunal
"
, effective 14 October 2024.
(2)
If a decision is taken, because of the operation of subsection
51B(4)
, to be confirmed, then (despite section
18
of the
Administrative Review Tribunal Act 2024
) an application for review of the decision must be made within the period:
(a)
beginning on the day on which the decision is taken to be confirmed; and
(b)
ending 28 days after the day on which the decision is taken to be confirmed.
History
S 51C(2) substituted by No 39 of 2024, s 3 and Sch 14 item 4, effective 14 October 2024. S 51C(2) formerly read:
(2)
If a decision is taken, because of the operation of subsection 51B(4), to be confirmed, 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 beginning on the day on which the decision is taken to be confirmed and ending on the 28th day after that day.
(3)
If a person makes a request under subsection 51B(1) in respect of a reviewable decision of APRA, section
32
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 51C(3) amended by No 39 of 2024, s 3 and Sch 14 item 5, by substituting
"
section 32 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
"
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
"
, effective 14 October 2024.
(4)
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 51C(4) inserted by No 39 of 2024, s 3 and Sch 14 item 6, effective 14 October 2024.
Former s 51C(4) repealed by No 25 of 2008, s 3 and Sch 4 item 12, applicable to decisions made on or after 26 May 2008. S 51C(4) formerly read:
(4)
The hearing of a proceeding relating to a reviewable decision of APRA is to take place in private and the 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
.
History
S 51C inserted by No 116 of 2003, s 3 and Sch 2 item 18, effective 28 November 2003.