165Reconsideration by AFMA and right to review by Administrative Review Tribunal

#### 165 Reconsideration by AFMA and right to review by Administrative Review Tribunal (1) In this section, unless the contrary intention appears: > decision has the same meaning as in the Administrative Review Tribunal Act 2024. > relevant decision means a decision of AFMA under subsection 4(2), 4(3), 22(5) or 26(2), section 31 (other than a decision following an auction or tender), paragraph 31B(1)(b), section 31C, subsection 31F(7), section 32 or 33, subsection 34(9), 38(1), (2) or (3), section 39, subsection 40(5) or (8) or section 91. > reviewable decision means a decision of AFMA under subsection (5). (1A) The first decision made by AFMA to register persons under subsection 26(2) in connection with the first plan of management determined by AFMA for the fishery known as the Northern Prawn Fishery or for the fishery known as the Southern Bluefin Tuna Fishery is not a relevant decision for the purposes of this section. (2) A person affected by a relevant decision who is dissatisfied with the decision may: (a) within 21 days after being notified of the decision; or (b) within such further period (if any) as AFMA, upon application made under subsection (3), by written notice to the person allows; request AFMA, in writing, to reconsider the decision. (3) A person, before the end of the period mentioned in paragraph (2)(a), may apply to AFMA for an extension of time within which to request a reconsideration of the decision. (4) The request must set out the reasons for making the request. (5) AFMA must, within 45 days after receiving the request, reconsider the relevant decision and may make a decision: (a) in substitution for the relevant decision whether in the same terms as the relevant decision or not; or (b) revoking the relevant decision. (6) Where, as a result of a reconsideration under subsection (5), AFMA makes a decision in substitution for or revoking the relevant decision, AFMA must, by written notice given to the person who made the request under subsection (2) for the reconsideration: (a) inform the person of the result of the reconsideration; and (b) give the reasons for the decision. (7) An application may be made to the Administrative Review Tribunal for a review of a reviewable decision. (11) Where a relevant decision is made and the person who made the relevant decision gives to a person whose interests are affected by the decision written notice of the making of the decision, that notice must include a statement to the effect that a person affected by the decision: (a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by AFMA under subsection (2); and (b) may, subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with a decision of AFMA upon that reconsideration, make application to the Administrative Review Tribunal for review of that decision. (12) Where AFMA makes a reviewable decision and gives to a person whose interests are affected by the decision written notice of the making of the decision, that notice must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision. (13) Any failure to comply with the requirements of subsection (11) or (12) in relation to a decision does not affect the validity of the decision.