269ZZKThe review

#### 269ZZK The review (1) If an application is not rejected under section 269ZZG or 269ZZH, the Review Officer must make a report to the Minister on the application by: (a) recommending that the Minister affirm the reviewable decision; or (b) recommending that the Minister direct the CEO to reinvestigate a finding or findings that formed the basis of the reviewable decision, being the finding or any of the findings specified in the application. (2) In a report under subsection (1), the Review Officer must: (a) if the Review Officer is of the view that the finding or findings specified in the application should be affirmed—recommend that the Minister affirm the reviewable decision; and (b) if the Review Officer recommends that a finding or findings be reinvestigated—set out the finding or findings; and (c) set out the reasons for the Review Officer’s recommendations. (3) The report must be made: (a) at least 30 days after the public notification of the review under section 269ZZI; but (b) not more than 60 days after that notification, or such longer period allowed by the Minister in writing because of special circumstances. (4) In making the recommendation, the Review Officer: (a) must not have regard to any information other than the relevant information; and (b) subject to subsection (5), must only have regard to the relevant information and any conclusions based on the relevant information that are contained in the application for the review or in any submissions received from interested parties within 30 days as mentioned in section 269ZZJ. (5) The Review Officer must not have regard to a submission under subsection (4) if: (a) the person giving the submission claims that information included in it is confidential or is information whose publication would adversely affect a person’s business or commercial interest; and (b) the person fails to give a summary of that information to the Review Officer in accordance with section 269ZZY. (6) In this section: > relevant information means: (a) if the reviewable decision was made pursuant to an application under section 269TB—the information to which the CEO had had regard or was, under paragraph 269TEA(3)(a), required to have regard, when making the findings set out in the report under section 269TEA to the Minister in relation to the making of the reviewable decision; and (b) if the reviewable decision was made pursuant to an investigation initiated by the Minister as mentioned in section 269TAG—the information: (i) that was collected for the purposes of that investigation in accordance with the Minister’s requirements; and (ii) that was before the Minister when the Minister made the reviewable decision.