33Review by AAT of decisions by Secretary

33 Review by AAT of decisions by Secretary

(1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary: (a) under regulation 22 to revoke an allocation; or (aa) under regulation 22BA, 22BB or 22BC to determine that an approved participant has committed an individual breach, a serious breach or a disqualifying breach; or (ab) under regulation 22BH to redirect an incentive; or (b) set out in a review notice under regulation 28 that confirms a decision to reduce the amount of an incentive (whether or not the decision set out in the review notice varies the amount of the reduction); or (c) under regulation 30 to determine that an error arose making an incentive for a particular allocation, to vary the incentive to correct the error, and where appropriate, recoup any overpayment. (2) An application for review under paragraph (1)(b) may only be made: (a) after an internal review of the decision under subregulation 28(3) has been requested and completed; or (b) if the internal review under subregulation 28(3) has not been completed—2 months after requesting the review.