Div 2Valuation reviews by Minister

Division 2—Valuation reviews by Minister 66—Valuation reviews (1) Subject to subsection (2), a lessee who has applied for a review under section 65(1)(a) and who is dissatisfied with the determination made, or taken to have been made, on the review may apply to the Minister for a valuation review in accordance with this section. (2) No application for a valuation review may be made under this section if the objection to the valuation involves a question of law. (3) An application for a review under this section— (a) must be in writing; and (b) must be instituted— (i) if the review under section 65(1)(a) was not determined within 28 days of the application being lodged with the Minister—within 21 days after the day on which the Minister is to be taken to have confirmed the determination the subject of that review; or (ii) in any other case—within 21 days after notice of the determination on the review under section 65(1)(a) is given to the applicant. (4) On receipt of an application under this section, the Minister must— (a) refer the application to the Valuer‑General for the conduct of a valuation review; or (b) constitute a Ministerial review panel in accordance with subsection (6) and refer the application to the Ministerial review panel for the conduct of a valuation review. (5) The Minister must not refer an application to the Valuer‑General for the conduct of a valuation review if the valuation to which the application relates was determined by the Minister on the advice of the Valuer‑General. (6) A Ministerial review panel constituted by the Minister for the purposes of this section must consist of 3 members, appointed by the Minister, each of whom is a person who lawfully carries on business as a land valuer (and none of whom provided advice to the Minister in relation to the valuation to which the application relates). (7) The members of a Ministerial review panel constituted by the Minister for the purposes of this section are entitled to such allowances as may be determined by the Minister. (8) A valuation review may be conducted under this section in such manner as the reviewer thinks fit (but the applicant must be afforded a reasonable opportunity to make representations on the subject matter of the review either personally, by a land valuer acting on behalf of the applicant or by any other representative). (9) Subject to subsection (10), the reviewer must, upon the determination of the review, confirm, increase or decrease the valuation. (10) The reviewer must not make any alteration to a valuation under subsection (9) which has the effect of increasing or decreasing the valuation by a proportion of one‑tenth or less. (11) In this section— reviewer means— (a) in relation to a review being conducted by the Valuer‑General—the Valuer‑General; or (b) in relation to a review being conducted by a Ministerial review panel constituted by the Minister—the Ministerial review panel.