QLDIn ForceAct
Biosecurity Act 2014
sec.365Internal review
Start here
Get a plain-English read of sec.365
Turn the raw legal text into a practical explanation grounded in Biosecurity Act 2014.
### sec.365 Internal review
The issuing authority must, within 20 days after receiving an internal review application made under section 363 —
conduct an internal review of the original decision; and
make a decision (the internal review decision ) to—
confirm the original decision; or
amend the original decision; or
substitute another decision for the original decision.
The application must not be dealt with by—
the person who made the original decision; or
a person in a less senior office than the person who made the original decision.
Subsection (2) —
applies despite the Acts Interpretation Act 1954 , section 27A ; and
does not apply to an original decision made by the chief executive or a chief executive officer personally.
If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.
If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.
(sec.365-ssec.1) The issuing authority must, within 20 days after receiving an internal review application made under section 363 — conduct an internal review of the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.
(sec.365-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.
(sec.365-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive or a chief executive officer personally.
(sec.365-ssec.4) If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.
(sec.365-ssec.5) If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.
- (a) conduct an internal review of the original decision; and
- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.
- (i) confirm the original decision; or
- (ii) amend the original decision; or
- (iii) substitute another decision for the original decision.
- (i) confirm the original decision; or
- (ii) amend the original decision; or
- (iii) substitute another decision for the original decision.
- (a) the person who made the original decision; or
- (b) a person in a less senior office than the person who made the original decision.
- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and
- (b) does not apply to an original decision made by the chief executive or a chief executive officer personally.