49Reconsideration and review of decisions

49 Reconsideration and review of decisions

(1) An entity who is affected by a decision of the DAA under the scheme may, by notice given to the DAA within 28 days after the decision comes to its attention, ask the DAA to reconsider the decision.

(1A) A request under subsection (1) for reconsideration of a decision that involved or depended on the allocation of components of an overall enterprise amount is taken to be a request under that subsection for reconsideration of all the decisions that involved or depended on the allocation of those components.

(2) For subsection (1), if the DAA sends a notice of decision to an entity by post, the notice is taken to have come to the entity’s attention at the end of 4 working days after the DAA posts it.

(3) A request under subsection (1) must set out the reasons for making the request.

(4) If the DAA receives a request under subsection (1), it:

(a) must reconsider each decision to which the request relates as soon as practicable after receiving the request; and

(b) may:

(i) confirm the decision; or

(ii) revoke the decision; or

(iii) vary the decision in whatever way the DAA thinks fit.

(5) If the DAA does not confirm, revoke or vary a decision within 60 days after the day on which it receives a request that requires it to reconsider the decision, the DAA is taken to have confirmed the decision at the end of that period.

(6) If the DAA, confirms, revokes or varies a decision before the end of the period mentioned in subsection (5), the DAA must give an entity who is affected by the decision a notice:

(a) setting out the result of the reconsideration and the reasons for confirming, revoking or varying the decision, as the case may be; and

(b) stating that the entity may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with the decision confirmed or varied, apply to the Administrative Appeals Tribunal for review of the decision.

(7) If the DAA confirms or varies a decision under subsection (4), an entity who is affected by the decision may apply to the Administrative Appeals Tribunal for review of the decision in accordance with the Administrative Appeals Tribunal Act 1975.