PART 13
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MISCELLANEOUS
Division 13.5
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Reconsideration and review of decisions
History
Div 13.5 inserted by SR No 344 of 1996.
REGULATION 13.25
RECONSIDERATION OF CERTAIN DECISIONS
13.25(1)
[Time limit for request]
If a person is dissatisfied with a reviewable decision (other than a decision made by the Regulator under this regulation), the person may give notice in writing to the Regulator within:
(a)
the period of 21 days after the day on which the person first receives notice of the decision; or
(b)
such further period as the Regulator reasonably allows;
requesting the Regulator to reconsider the decision.
History
Reg 13.25(1) amended by SR No 193 of 1998, reg 53.1, by substituting ``Regulator'' for ``Commissioner'' (wherever occurring), effective 1 July 1998. For transitional provisions of SR No 199 of 1998 affecting the amendments made by SR No 193 of 1998, see history note under reg 1.04(2).
13.25(2)
[Reasons for request]
The person must set out in the notice the reasons for the request.
13.25(3)
[Reconsideration]
Subject to subregulation (4), the Regulator must reconsider the decision and may:
(a)
confirm the decision; or
(b)
vary or revoke the decision.
History
Reg 13.25(3) amended by SR No 193 of 1998, reg 53.1, by substituting ``Regulator'' for ``Commissioner'', effective 1 July 1998. For transitional provisions of SR No 199 of 1998 affecting the amendments made by SR No 193 of 1998, see history note under reg 1.04(2).
13.25(4)
[Deemed confirmation of decision]
If the Regulator does not confirm, vary or revoke the decision before the end of the period of 60 days after the day on which the Regulator received the request, the Regulator is taken to have confirmed the decision under subregulation (3) at the end of that period.
History
Reg 13.25(4) amended by SR No 193 of 1998, reg 53.1, by substituting ``Regulator'' for ``Commissioner'' (wherever occurring), effective 1 July 1998. For transitional provisions of SR No 199 of 1998 affecting the amendments made by SR No 193 of 1998, see history note under reg 1.04(2).
Reg 13.25(4) amended by SR No 117 of 1997, reg 56.1, by substituting ``60 days'' for ``21 days'', applicable in relation to requests made by a person under subregulation 13.25(1) of the Superannuation Industry (Supervision) Regulations that are received by the Commissioner on or after 1 July 1997.
13.25(5)
[Notification of Commissioner of Taxation]
If the Regulator varies or revokes a decision made under regulation
12.12
,
12.13
or
12.14
, the Regulator must give written notice of the variation or revocation to the Commissioner of Taxation.
History
Reg 13.25(5) substituted by SR No 193 of 1998, reg 53.2, effective 1 July 1998. For transitional provisions of SR No 199 of 1998 affecting the amendments made by SR No 193 of 1998, see history note under reg 1.04(2). Reg 13.25(5) formerly read:
13.25(5)
If the Commissioner varies or revokes a decision made under regulation 12.12, 12.13 or 12.14, the Commissioner must give to the Commissioner of Taxation written notice of the variation or revocation.
Reg 13.25 inserted by SR No 344 of 1996.