86Review of decisions by CEO

86 Review of decisions by CEO

(1) A controlled person who is affected by a decision of the CEO: (a) to refuse to make a declaration under subsection 9(2), 13(2), 43(2) or 44(4) or (5); or (b) to make a declaration under subsection 44(2); may request that the Minister reconsider the CEO’s decision. (2) The request must: (a) be in writing; and (b) be given to the Minister within 28 days after the decision is made. (3) The Minister must reconsider the CEO’s decision and confirm, vary or set aside the decision.

Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to any matters prescribed by rules made for the purposes of section 267 of that Act.

(4) The Minister is taken to have confirmed under subsection (3) the CEO’s decision if the Minister does not give written notice of the Minister’s decision under that subsection within 60 days after receiving the request. (5) Applications may be made to the Administrative Review Tribunal for review of decisions of the Minister under subsection (3).