Petroleum Excise (Prices) Act 1987
An oil producer who is dissatisfied with a reviewable decision may request the decision maker to reconsider the decision.
View history note
Hide history note12(1A)
The request can only be made by notice given within: (a) unless paragraph (b) applies - the period of 28 days after the day on which the decision first comes to the notice of the person; or (b) if the reviewable decision is a determination under subsection 7(3) or a decision under subsection 7(9) , and the person who made the decision gave notices of the determination in accordance with subsection 8(1) - the period of 28 days after the day on which the last of those notices was given; or (c) such further period as the person who made the decision allows.
12(2)
There shall be set out in the request reasons for making the request.
12(3)
Upon receipt of the request, the decision maker shall reconsider the decision and may, subject to subsections (5) and (6) , confirm or revoke the decision or vary the decision in such manner as he or she thinks fit.
12(4)
Where the decision maker does not confirm, revoke or vary a decision before the expiration of the period of 28 days after the day on which he or she received the request, the decision shall, upon the expiration of that period, be deemed to have been confirmed under subsection (3) .
12(5)
Where the decision maker confirms, revokes or varies a decision before the expiration of the period referred to in subsection (4) , he or she shall, by notice served on the person who made the request, inform the person of the result of the reconsideration of the decision and the reasons for confirming, varying or revoking the decision, as the case may be.
12(6)
Subject to the Administrative Review Tribunal Act 2024 , applications may be made to the Administrative Review Tribunal for review of decisions of the decision maker that have been confirmed or varied under subsection (3) .
12(7)
If, because of the operation of subsection (4) , a decision is deemed to be confirmed, the period within which an application for review of the decision must be made is 28 days beginning on the day on which the decision is deemed to be confirmed.
12(8)
Subsection (7) applies despite section 18 (when to apply - general rule) of the Administrative Review Tribunal Act 2024 .
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
