39Notice of decision

39 Notice of decision

(1) If the DAA cancels a unit under section 35, 36, 37 or 38 or varies a determination as mentioned in section 36A, the DAA must give the entity who owned the unit a notice:

(a) setting out the decision (the initial decision), and the reasons for it; and

(b) stating that:

(i) the entity may, if dissatisfied with the initial decision, seek its reconsideration by the DAA; and

(ii) the entity may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a reconsidered decision made by the DAA confirming or varying the initial decision, apply to the Administrative Appeals Tribunal for review of the reconsidered decision.

(2) If the DAA:

(a) cancels a unit under section 36 with the consent of a chargee as mentioned in subsection 36 (6); or

(b) varies a determination as mentioned in section 36A in respect of a payment right some or all of the units in which are subject to a registered charge;

it must give a copy of the notice to the chargee at the same time as it gives the notice to the entity.