27Review of certain decisions

27 Review of certain decisions

(1) A levy paying entity that is affected by a reviewable decision of the decision maker may, if dissatisfied with the decision, request the decision maker to reconsider the decision.

(2) The request must:

(a) be made by notice given to the decision maker within:

(i) the period of 21 days after the day on which the levy paying entity first receives notice of the decision; or

(ii) the further period that the decision maker allows; and

(b) set out the reasons for making the request.

(3) When the decision maker receives the request the decision maker must reconsider the decision.

(4) The decision maker may confirm or revoke the decision or vary the decision in the manner that the decision maker thinks fit. However, if the decision maker does not confirm, revoke or vary the decision within the period of 21 days after the day on which the decision maker received the request, the decision maker is taken to have confirmed the decision immediately after the end of that period.

(5) If the decision maker confirms, revokes or varies the decision during the period of 21 days after the day on which the decision maker received the request, the decision maker is to give a notice in writing to the levy paying entity that made the request. The notice must set out the result of the reconsideration of the decision and the reasons for confirming, varying or revoking the decision, as the case may be.

(6) Applications may be made to the Administrative Review Tribunal for review of:

(a) decisions of the decision maker that have been confirmed or varied under subsection (4); and

(b) decisions of the decision maker to revoke reviewable decisions.

(8) If a request is made under subsection (1) in respect of a reviewable decision, section 32 of the Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal for a review of that decision.

(9) An order must not be made under subsection 32(2) of the Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.

(10) In this section:

decision maker, in relation to a reviewable decision, means:

(a) if the reviewable decision is a decision of APRA under section 12—APRA; or

(b) if the reviewable decision is a decision of the Minister under section 22 or subsection 26P(1)—the Minister.

levy paying entity means:

(a) an entity that is a levy paying entity as defined in section 7; or

(b) a trustee of a fund as defined in section 16.