50Internal review of decision to refuse to grant certain exemptions

50 Internal review of decision to refuse to grant certain exemptions

(1) If the Registrar of Marriage Celebrants: (a) refuses, under section 42, to grant an exemption from liability to pay a registration application fee; or (b) refuses, under section 49, to grant an exemption from liability to pay celebrant registration charge; the person who applied for the exemption may apply in writing to the Registrar for internal review of the decision (the original decision) to refuse to grant the exemption.

Note: See paragraph 39D(1C)(c), subsection 39D(1E), paragraph 39FA(3)(c) and subsection 39FA(5) of the Act.

(2) The application must: (a) be made within 14 days after the day the person received notice of the original decision; and (b) set out the reasons for making the application. (3) If a person applies for internal review of an original decision under subsection (1), the Registrar must cause the original decision to be reviewed by an APS employee (the internal reviewer) with a classification that is equivalent to or higher than the classification of the original decision maker. (4) The internal reviewer may, by written notice, ask the person to give the internal reviewer additional information, within a specified period, to assist the internal reviewer to review the original decision. (5) If the internal reviewer asks the person to give additional information under subsection (4), the internal reviewer is not required to consider the application while waiting for the information to be given. (6) The application is taken to have been withdrawn if the person does not provide the additional information within: (a) the specified period; or (b) if the internal reviewer allows a longer period by written notice given to the person—that period. (7) If the original decision is a decision of a kind referred to in paragraph (1)(a), the internal reviewer must decide either: (a) that the original decision is confirmed; or (b) that the exemption is granted with effect from the time the internal review decision is made. (8) If the original decision is a decision of a kind referred to in paragraph (1)(b), the internal reviewer must decide either: (a) that the original decision is confirmed; or (b) that a different decision is substituted for the original decision with effect from the time the original decision is made. (9) The internal reviewer must, by written notice, inform the person of the internal reviewer’s decision within 21 days after receiving: (a) the application; or (b) if the internal reviewer has asked for additional information under subsection (4)—the additional information.