156Reconsideration by the Regulator or Chair

156  Reconsideration by the Regulator or Chair

Reconsideration by Regulator

 (1) If a person whose interests are affected by a reviewable decision of the Regulator makes an application under section 153 for the Regulator to reconsider the reviewable decision, the Regulator must:

 (a) reconsider the reviewable decision; and

 (b) make a decision:

 (i) affirming the reviewable decision; or

 (ii) varying the reviewable decision; or

 (iii) setting aside the reviewable decision and making a decision in substitution for it.

 (2) The Regulator is taken to have affirmed the reviewable decision if the Regulator does not give notice of the Regulator’s decision under paragraph (1)(b) to the applicant within 90 days after receiving the application.

Reconsideration by Chair

 (3) If a person whose interests are affected by a reviewable decision of the Chair makes an application under section 153 for the Chair to reconsider the reviewable decision, the Chair must:

 (a) reconsider the reviewable decision; and

 (b) make a decision:

 (i) affirming the reviewable decision; or

 (ii) varying the reviewable decision; or

 (iii) setting aside the reviewable decision and making a decision in substitution for it.

 (4) The Chair is taken to have affirmed the reviewable decision if the Chair does not give notice of the Chair’s decision under paragraph (3)(b) to the applicant within 90 days after receiving the application.

Effect of decision on reconsideration

 (5) A decision under paragraph (1)(b) or (3)(b) in relation to a reviewable decision has effect as if it had been made under the provision under which the reviewable decision was made.

 (6) A decision under paragraph (1)(b) or (3)(b) takes effect on the day on which it is made or, if it specifies that it takes effect on a later day, on that later day.

Reconsideration by delegates

 (7) Reconsideration of a reviewable decision must not be done by a delegate of the Regulator or the Chair unless the delegate:

 (a) was not involved in making the reviewable decision; and

 (b) holds a higher position than the delegate who made the reviewable decision.