Part 13Review

Part 13—Review 223—Interpretation authorisation means a relevant authorisation under Part 6; relevant person means— (a) in relation to a biosecurity registration—a person who has applied for, or who is the holder of, the biosecurity registration; (b) in relation to an authorisation—a person who has applied for, or who is the holder of, the authorisation; (c) in relation to an individual permit—a person who has applied for, or who is the holder of, the permit; (d) in relation to an individual biosecurity direction—the person to whom the direction was issued; (e) in relation to a claim for reimbursement under Part 12 Division 1—the person who made the claim; reviewable decision means any of the following: (a) a decision to refuse to grant a biosecurity registration; (b) a decision to refuse to renew a biosecurity registration; (c) a decision to suspend or cancel a biosecurity registration; (d) a decision to refuse to revoke a suspension of a biosecurity registration following the making of a submission under this Act in respect of the suspension, being a suspension in relation to which prior notice was not given; (e) a decision to impose a condition on a biosecurity registration, or on the suspension, cancellation or surrender of a biosecurity registration; (f) a decision to vary a biosecurity registration or a condition on a biosecurity registration; (g) a decision to refuse to grant an authorisation; (h) a decision to refuse to renew an authorisation; (i) a decision to suspend or cancel an authorisation; (j) a decision to refuse to revoke a suspension of an authorisation following the making of a submission under this Act in respect of the suspension, being a suspension in relation to which prior notice was not given; (k) a decision to impose a condition on an authorisation, or on the suspension, cancellation or surrender of an authorisation; (l) a decision to vary an authorisation or a condition on an authorisation; (m) a decision to refuse to grant an individual permit; (n) a decision to refuse to renew an individual permit; (o) a decision to suspend or cancel an individual permit; (p) a decision to refuse to revoke a suspension of an individual permit following the making of a submission under this Act in respect of the suspension, being a suspension in relation to which prior notice was not given; (q) a decision to impose a condition on an individual permit, or on the suspension, cancellation or surrender of an individual permit; (r) a decision to vary an individual permit or a condition on an individual permit; (s) a decision to issue or vary an individual biosecurity direction; (t) in relation to a claim for reimbursement under Part 12 Division 1— (i) a decision not to pay reimbursement to the person who made the claim; (ii) a decision to recover any amount of reimbursement paid to the person under that Part; (iii) a decision as to the amount of reimbursement that is payable. Division 2—Internal review 224—Application for internal review (1) The relevant person may apply to the Minister for an internal review of a reviewable decision. (2) The application must— (a) be in the approved form; and (b) be accompanied by the prescribed fee. (3) An application must be made within 28 days after the relevant person received notice of the decision or within such longer period as the Minister may, in the Minister's absolute discretion, allow. 225—Consideration of application for internal review (1) In dealing with an application for review, the Minister— (a) must give the applicant a reasonable opportunity to make a submission in relation to the application (in such manner as the Minister considers to be appropriate in the circumstances); and (b) may consider new material, whether or not it existed at the time that the reviewable decision was made; and (c) may exercise any power that was able to be exercised in relation to the matter that gave rise to the reviewable decision (and any relevant provisions of this Act apply accordingly); and (d) subject to the regulations, may adopt such other procedures and processes as the Minister thinks fit. (2) The Minister may— (a) confirm or vary the reviewable decision; or (b) set aside the reviewable decision and substitute another decision for it. (3) The Minister must take reasonable steps to make a decision under subsection (2) within the period prescribed by the regulations. (4) As soon as practicable after making a decision under subsection (2), the Minister must give written notice to the applicant of the Minister's decision. (5) In the case of a decision that is adverse to the applicant, the notice must— (a) set out the reasons for the decision; and (b) state that the applicant may apply to the Tribunal within 28 days after the date of the notice to have the decision reviewed; and (c) explain how an application for review is made. 226—Operation and implementation of decision or direction subject to review (1) Subject to subsection (2), an application under this Division does not affect the operation of the decision or direction to which the application relates or prevent the taking of action to implement or enforce the decision or direction. (2) The Minister may, on the Minister's own initiative or on application by the relevant person, suspend the operation of a decision or direction until the determination of a review under this Division. (3) A suspension under subsection (2) may be made subject to specified conditions, and may be varied or revoked by the Minister at any time. Division 3—External review 227—Application to Tribunal (1) Subject to subsection (3), a person who made an application for the review of a reviewable decision by the Minister under Division 2 and who is not satisfied with the decision of the Minister on that review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision in relation to the reviewable decision. (2) An application for review must be made within 28 days after notification of the decision to the person (or within such longer period as the Tribunal may allow). (3) There is no right of review under this Division in relation to— (a) a decision to— (i) refuse to renew a biosecurity registration, authorisation or permit; or (ii) suspend or cancel a biosecurity registration, authorisation or permit, in the interests of public safety or in an emergency; or (b) a decision that relates to— (i) an emergency permit; or (ii) a prohibited matter permit; or (iii) a prohibited dealing permit; or (c) a decision that relates to an emergency biosecurity direction.