Superannuation Industry (Supervision) Act 1993
Request for review
344(1)
A person who is affected by a reviewable decision of the Regulator or the Registrar may, if dissatisfied with the decision, request the decision maker to reconsider the decision.
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344(2)
The request must be made by written notice given to the decision maker within the period of 21 days after the day on which the person first receives notice of the decision, or within such further period as the decision maker allows.
344(2A)
If the Registrar is the decision maker, the request must meet any requirements of the data standards.
Request must set out reasons
344(3)
The request must set out the reasons for making the request.
Decision maker to reconsider decision
344(4)
Upon receipt of the request, the decision maker must reconsider the decision and may, subject to subsection (5) , confirm or revoke the decision or vary the decision in such manner as the decision maker thinks fit.
Deemed confirmation of decision if delay
344(5)
If the decision maker does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the decision maker received the request under subsection (1) to reconsider the decision, the decision maker is taken, at the end of that period, to have confirmed the decision under subsection (4) .
Notice of Decision maker ' s action
344(6)
If the decision maker confirms, revokes or varies a decision before the end of the period referred to in subsection (5) , the decision maker must give written notice to the person telling the person: (a) the result of the reconsideration of the decision; and (b) the reasons for confirming, varying or revoking the decision, as the case may be.
Notice to Commissioner of Taxation if Regulator is decision maker
344(7)
If the Regulator is the decision maker and the Regulator gives a notice to a person under subsection (6) telling the person that a decision under section 40 has been revoked or varied, the Regulator must give to the Commissioner of Taxation particulars of the notice.
AAT review
344(8)
Applications may be made to the Administrative Appeals Tribunal for review of decisions that have been confirmed or varied under subsection (4) .
[ CCH Note: S 344(8) will be amended by No 38 of 2024, s 3 and Sch 1 item 71, by substituting " ART " for " AAT " in the heading and " Administrative Review Tribunal " for " Administrative Appeals Tribunal " , 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.]
Period for making certain AAT applications
344(9)
If a decision is taken to be confirmed because of subsection (5) , 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 of 28 days beginning on the day on which the decision is taken to be confirmed.
[ CCH Note: S 344(9) will be substituted by No 38 of 2024, s 3 and Sch 1 item 46, 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 344(9) will read:
]
Period for making certain Administrative Review Tribunal applications
344(9)
If a decision is taken to be confirmed because of subsection (5) then, despite section 18 (when to apply - general rule) of the Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is taken to be confirmed.Note:
A person may, under section 19 the Administrative Review Tribunal Act 2024 , apply to the Administrative Review Tribunal to extend the period.
Section 41 of AAT Act
344(10)
If a request is made under subsection (1) in respect of a reviewable decision, 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 for a review of that decision.
[ CCH Note: S 344(10) will be substituted by No 38 of 2024, s 3 and Sch 1 item 46, 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 344(10) will read:
]
Continued operation of decision despite request for review
344(10)
If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) 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.
344(11)
(Repealed by No 25 of 2008)
[ CCH Note: S 344(11) will be inserted No 38 of 2024, s 3 and Sch 1 item 46, 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 344(11) will read:
]
344(11)
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.
Only trustees affected by certain reviewable decisions
344(12)
For the purposes of this section and section 345 , a person is taken not to be affected by a reviewable decision (other than a reviewable decision covered by paragraph (dd), (de), (df), (dg), (dl), (dm), (dn), (doa), (dob), (dod), (q), (qa), (qb), (r), (ra), (rb), (rc), (rd), (re), (rf), (rg), (rh), (ri), (s), (t), (ua) or (ub) of the definition of reviewable decision in section 10 ) unless the person is a trustee of a superannuation entity that is affected by the decision.
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