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 Appeals Tribunal Act 1975 , applications may be made to the Administrative Appeals Tribunal for review of decisions of the decision maker that have been confirmed or varied under subsection (3) .
[ CCH Note: S 12(6) will be amended by No 38 of 2024, s 3 and Sch 1 item 67, by substituting " Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal Act 1975 " and " Administrative Review Tribunal for " for " Administrative Appeals Tribunal for " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
12(7)
Where a decision is deemed, because of the operation of subsection (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 commencing on the day on which the decision is deemed to be confirmed and ending on the twenty-eighth day after that day.
[ CCH Note: S 12(7) will be substituted by No 38 of 2024, s 3 and Sch 1 item 42, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 12(7) will read:
]
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.
[ CCH Note: S 12(8) will be inserted by No 38 of 2024, s 3 and Sch 1 item 42, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 12(8) will read:
]
12(8)
Subsection (7) applies despite section 18 (when to apply - general rule) of the Administrative Review Tribunal Act 2024 .
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