17Internal review of delegate’s decision to suspend or revoke imported food control instruments

17 Internal review of delegate’s decision to suspend or revoke imported food control instruments

Application for review (1) If a delegate of the Secretary suspends or revokes an imported food control instrument of a person under subsection 12(2), the person may apply to the Secretary for review of the decision (the original decision).

Note: For review of a decision made personally by the Secretary, see section 19.

(2) The application must: (a) be in writing; and (b) set out the reasons for the application; and (c) be made within: (i) 30 days after the person was notified of the original decision; or (ii) if the Secretary allows a longer period (whether before or after the end of that 30 day period)—that longer period. Review of decision (3) On receiving the application, the Secretary must either: (a) review the original decision personally; or (b) cause the original decision to be reviewed by a person: (i) who was not involved in making the decision; and (ii) who occupies a position senior to the delegate who made the decision. (4) The internal reviewer may: (a) affirm, vary or set aside the original decision; and (b) if the internal reviewer sets aside the original decision—make such other decision as he or she thinks appropriate. (5) The decision (the decision on review) of the internal review takes effect: (a) on the day specified in the decision on review; or (b) if a day is not specified—on the day the decision on review was made. Notice of decision on review (6) After a decision on review is made, the internal reviewer must give the applicant a written notice containing: (a) the terms of the decision; and (b) the reasons for the decision; and (c) notice of the applicant’s right to have the decision reviewed by the Administrative Review Tribunal. However, a failure to comply with this subsection does not affect the validity of the decision on review. Failure to give notice (7) For the purposes of section 19, the Secretary is taken to have affirmed the original decision if the applicant does not receive notice of the decision on review (if any) within 90 days after the application for review of the original decision was made.