764Definitions

764 Definitions

decision has the same meaning as in section 4 of the Victorian Civil and Administrative Tribunal Act 1998;

reviewable delegated decision means a decision that—

(a) is made under this Act or the regulations; and

(b) is a decision of a delegate of the Minister; and

(c) is made in the performance of the functions, or the exercise of the powers, of the Minister, in relation to the offshore area;

reviewable Ministerial decision means—

(a) a decision of the Minister that—

(i) is made under this Act or the regulations; and

(ii) is not a decision of a delegate of the Minister; and

(iii) is made in the performance of the functions, or the exercise of the powers, of the Minister in relation to an offshore area; or

(b) a decision of the Minister under—

(i) regulations made for the purposes of section 734(2)(c) or 735(2)(c), where the decision is of a kind referred to in section 740(2)(b); or

(ii) regulations made for the purposes of section 737(2)(c) or 738(2)(c); or

(iii) regulations made for the purposes of section 758(2)(c) or 759(2)(c); or

(iv) section 765(1) or (4).

1 Paragraphs (b)(i) and (ii) relate to the release of technical information.

2 Paragraph (b)(iv) relates to the reconsideration of reviewable delegated decisions.

765 Reconsideration of reviewable delegated decision

(1) A person affected by a reviewable delegated decision who is dissatisfied with the decision may, by written notice given to the Minister, request the Minister to reconsider the decision. The request must be made within—

(a) 30 days after the day on which the decision first comes to the notice of the person; or

(b) such further period as the Minister (either before or after the end of that period), by written notice given to the person, allows.

(2) A request under subsection (1) must set out the reasons for making the request.

(3) As soon as practicable after the Minister receives the request, the Minister must, by written notice given to the person who made the request, acknowledge receipt of the request.

(4) The Minister must, within 45 days after receiving the request, reconsider the reviewable delegated decision, and may make a decision—

(a) in substitution for the reviewable delegated decision, whether in the same terms as the reviewable delegated decision or not; or