101Right of appeal or review about Australian registration certificates

101 Right of appeal or review about Australian registration certificates

101 Right of appeal or review about Australian registration certificates

(1) An applicant for or the holder of an Australian registration certificate may, in accordance with applicable jurisdictional legislation, appeal to the designated tribunal against, or seek a review by that tribunal of, any of the following decisions of the designated local regulatory authority under this Chapter—

(a) a decision to refuse to grant or renew the Australian registration certificate;

(b) a decision to vary, suspend or cancel the Australian registration certificate;

(c) a decision that a person is not entitled to apply for an Australian registration certificate for a specified period (see section 94).

(2) An appeal or review under this section may be made to review the merits of the decision concerned.

(3) The designated tribunal may make any order it considers appropriate on the appeal or review.

(4) Except to the extent (if any) that may be ordered by the designated tribunal, the lodging of an appeal or application for review does not stay the effect of the refusal, variation, suspension or cancellation concerned.

(5) The designated tribunal may not order the imposition of conditions on an Australian registration certificate without first taking submissions from the designated local regulatory authority.

(6) In proceedings on an appeal or review under this section, fresh evidence, or evidence in addition to or in substitution for matters considered by the designated local regulatory authority, may be given.

(7) The designated local regulatory authority is to give effect to any order of the designated tribunal under this section.

Note

Jurisdictional legislation may provide a right of appeal against or a right of review of the designated tribunal’s decision.