152Reconsideration and review of certain decisions

#### 152 Reconsideration and review of certain decisions (1) In this section: > decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. > relevant decision means a decision of a delegate of the Minister under this Act or the regulations, being a decision made in the performance of the functions or the exercise of the powers of the Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 (including the functions and powers conferred by virtue of subsection 8G(1)). > reviewable decision means: (a) a decision of the Minister (not being a decision of a delegate of the Minister) under this Act or the regulations, being a decision made in the performance of the functions or the exercise of the powers of the Designated Authority in respect of the adjacent area in respect of a Territory referred to in section 7 (including the functions and powers conferred by virtue of subsection 8G(1)); or (b) a decision of the Minister under: (i) subsection 118(1B), (2), (3), (5), (5E) or (5J) of this Act as previously in force; or (ii) regulations made for the purposes of paragraph 150B(2)(c) or 150C(2)(c), where the decision is of a kind referred to in paragraph 150H(2)(b); or (iia) regulations made for the purposes of paragraph 150E(2)(c) or 150F(2)(c); or (iii) subsection (2) or (5) of this section. (2) A person affected by a relevant decision who is dissatisfied with the decision may, within 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Minister (either before or after the end of that period), by notice in writing served on the person, allows, by notice in writing given to the Minister, request the Minister to reconsider the decision. (3) There shall be set out in the notice of request the reasons for making the request. (4) Where the Minister receives a request, the Minister shall, by notice in writing served on the person who made the request, acknowledge receipt of the request. (5) The Minister shall, within 45 days after the receipt of the request, reconsider the relevant decision and may make a decision: (a) in substitution for the relevant decision, whether in the same terms as the relevant decision or not; or (b) revoking the relevant decision. (6) Where, as a result of a reconsideration under subsection (5), the Minister makes a decision in substitution for or revoking a relevant decision, the Minister shall, by notice in writing served on the person who made the request under subsection (2) for the reconsideration, inform the person of the result of the reconsideration and give reasons for the decision. (7) Applications may be made to the Administrative Appeals Tribunal for review of a reviewable decision. (8) Where a relevant decision is made and the person who made the relevant decision gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that a person affected by the decision: (a) may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by the Minister in accordance with subsection (2); and (b) may, subject to the Administrative Appeals Tribunal Act 1975, if the person is dissatisfied with a decision of the Minister upon that reconsideration, make application to the Administrative Appeals Tribunal for review of that decision. (9) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision. (10) Any failure to comply with the requirements of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.