166Internal review of decisions

#### 166 Internal review of decisions (1) This section applies if: (a) a decision (the reviewable decision) on a particular matter (the relevant matter): (i) has been made under this Code on behalf of the APVMA by a member of the staff of the APVMA; or (ii) is taken, under paragraph 5F(2)(a), to have been made by the APVMA for the purposes of this Code; and (b) a person is entitled to apply under section 167 to the Administrative Review Tribunal for review of the reviewable decision. (1A) This section also applies if: (a) a decision (the reviewable decision) on a particular matter (the relevant matter): (i) has been made under this Code on behalf of the APVMA by a member of the staff of the APVMA; or (ii) is taken, under paragraph 5F(2)(a), to have been made by the APVMA for the purposes of this Code; and (b) the reviewable decision is: (i) a decision under subsection 14(2), 14C(8), 14D(8) or 14E(9), paragraph 26C(1)(b), subsection 29(2) or 115(3B) to refuse an application based only on requirements set out in paragraph 8A(a) or (b); or (ia) a decision under Division 2AA of Part 2 that a notice does not meet the notice requirements; or (ii) a decision under subsection 112(3) to refuse an application based only on requirements set out in paragraph 8A(a) or (b) or a requirement made by the APVMA under subparagraph 111(1)(b)(iii); or (iii) a decision under subsection 123(1A) to refuse an application based only on requirements set out in subsection 122(1); and (c) if the reviewable decision were reviewable by the Administrative Review Tribunal, a person would be entitled to apply to the Administrative Review Tribunal for review of the reviewable decision. (1B) This section also applies if: (a) the APVMA is taken, under paragraph 5F(2)(a), to have made a decision (the initial decision) for the purposes of this Code; and (b) under this section, a person may request the APVMA to reconsider the initial decision; and (c) the APVMA, under subsection 5F(3), substitutes a decision (the reviewable decision) for the initial decision. (2) The person may, by writing within 42 days after the reviewable decision is made, request the APVMA to reconsider the reviewable decision. (3) If a request is so made, the APVMA must reconsider the reviewable decision having regard only to the information used to make it. (4) The APVMA may, on its own initiative, reconsider the reviewable decision having regard only to the information used to make it. (4A) If, under subsection (3) or (4), the APVMA reconsiders the reviewable decision, the APVMA must: (a) confirm the reviewable decision; or (b) vary the reviewable decision; or (c) set aside the reviewable decision; or (d) set aside the reviewable decision and make a new decision in substitution for the reviewable decision. (4B) The APVMA must, as soon as practicable, give written notice setting out the APVMA’s decision on the reconsideration to: (a) for a reconsideration under subsection (3)—the person who made the request; or (b) for a reconsideration under subsection (4)—each person whose interests are affected by that decision of whom the APVMA is aware. (5) The decision on the reconsideration is taken, for the purposes of this Code other than paragraph (1)(a), to be a fresh decision on the relevant matter made under the provision of this Code under which the reviewable decision was made. (6) For a reconsideration under subsection (3), if the APVMA has not given notice under subsection (4B) of its decision on the reconsideration within 90 days after the request is made, the person who made the request may, by writing, notify the APVMA that the person considers that the APVMA has confirmed the reviewable decision. (7) If the person so notifies the APVMA, the decision on the reconsideration is taken to be a decision to confirm the reviewable decision.