Part 15Reconsideration and reviews

Part 15—Reconsideration and reviews Division 1—Application of this Part 124—Decisions etc subject to review The following are reviewable administrative acts: (a) a decision to grant or refuse an application for a licence; (b) a decision to refuse an application for the renewal of a licence; (c) a decision to impose licence conditions or about the nature of licence conditions; (d) a decision to suspend or cancel a licence; (e) a determination requiring the holder of a pipeline licence to provide access to the pipeline or a decision not to make such a determination; (ea) a decision to refuse an application, or revoke an approval, for a change in control in the holder of a licence under section 86AAB; (f) a direction to a licensee or former licensee under this Act; (g) a decision about the material to be included in or excluded from a register kept under this Act; (h) the imposition of an administrative penalty; (i) the imposition of penalty interest or a fine on account of a failure to pay royalty, rent or an annual licence fee under this Act. Division 2—Reconsideration 125—Application for reconsideration (1) A person directly affected by a reviewable administrative act may, within 14 days after receiving notice of the act, apply to the Minister for reconsideration. (2) A person is not to be regarded as directly affected by a decision to grant or refuse an application for a licence unless the person was an applicant for the licence. (3) An application under this section— (a) must be made in writing; and (b) must set out in detail the grounds on which the applicant asks for reconsideration of the administrative act. (4) An application under this section will not postpone the effect of the reviewable administrative act unless the Minister decides that it should do so and suspends its operation accordingly. 126—Constitution of advisory committee (1) On receipt of an application for reconsideration of a reviewable administrative act, the Minister will constitute an advisory committee to advise on whether the administrative act should be altered or revoked. (2) The advisory committee will consist of people with experience relevant to the questions the committee is to consider. (3) A person who is a member of the department, or who has a direct or indirect interest in a licence in force under this Act, is not eligible for appointment to an advisory committee. (4) However, the Minister need not constitute an advisory committee to advise on an application if of the opinion that— (a) the application is frivolous or vexatious; or (b) the application does not raise issues on which the Minister requires external advice. 127—Minister's decision on application for reconsideration (1) The Minister will, after considering the advice of the advisory committee (if any), decide the application for reconsideration and, in doing so, may confirm, vary or revoke the relevant administrative act. (2) If an advisory committee was constituted, the Minister is bound to consider its advice but is not bound by the advice. (3) The Minister must give the applicant written notice of the Minister's decision on the application. Division 3—Reviews 128—Reviews (1) An applicant who is dissatisfied with the Minister's decision on an application for reconsideration under this Part may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision. (2) An application for review must be made within 1 month after the applicant receives notice of the Minister's decision. Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.