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Education Services for Overseas Students Act 2000
169ADApplication for internal review of reviewable decisions made by delegates
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#### 169AD Application for internal review of reviewable decisions made by delegates
(1) If a reviewable decision is made by a delegate of the ESOS agency for an affected provider, the affected provider for the decision may apply to the agency for review of the decision.
> Note: Reviewable decisions whether or not made by a delegate of the ESOS agency may be reviewed by the Administrative Review Tribunal (see section 169AG).
(2) The application must:
(a) be made in the form approved, in writing, by the ESOS agency; and
(b) be accompanied by any information and documents required by the agency; and
(c) be made within:
(i) 30 days after the affected provider for the decision is notified of the decision; or
(ii) if the agency allows a longer period (whether before or after the end of that 30 day period)—that longer period.
(3) After receiving such an application, the ESOS agency may, by written notice given to the applicant, determine that the operation of the decision is stayed pending the outcome of the review.
(4) If the ESOS agency makes a determination under subsection (3), the operation of the decision is stayed by force of this subsection:
(a) from whichever of the following applies:
(i) the start of the day that the determination is made;
(ii) if the determination specifies a later day—the start of that later day; and
(b) until whichever of the following applies:
(i) a decision is made under section 169AE in relation to the reviewable decision;
(ii) an application is made in accordance with section 169AG for review of the reviewable decision.
Note 1: Section 169AE deals with internal review. Section 169AG deals with review by the Administrative Review Tribunal.
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
(5) A determination made under subsection (3) is subject to any conditions that are specified in the determination.