28Reconsideration and review of decisions

28 Reconsideration and review of decisions

(1) 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 the 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. (2) A request under subsection (1) must set out the reasons for making the request. (3) The Minister must, within 45 days after receiving a request under subsection (2), 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. (4) Where, as a result of a reconsideration under subsection (3), the Minister makes a decision in substitution for or revoking a relevant decision, the Minister must, by notice in writing served on the person who made the request under subsection (1) for the reconsideration, inform the person of the result of the reconsideration and give the reasons for his or her decision. (5) An application may be made to the Administrative Review Tribunal for review of a decision of the Minister under subsection (3). (6) A person who makes a relevant decision must give to a person affected by the decision a statement in writing 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 in accordance with this section; and (b) may, subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with a decision made upon that reconsideration, make application to the Administrative Review Tribunal for review of that decision. (7) Where the Minister makes a decision under subsection (3) and gives to a person affected by the decision notice in writing of the making of the decision, that notice must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision to which the notice relates by or on behalf of a person affected by the decision. (8) A failure to comply with the requirements of subsection (6) or (7) in relation to a decision does not affect the validity of the decision. (9) In this section:

relevant decision means:

(a) a decision to refuse to remit, under section 16, the whole or part of an amount; or
(b) a decision under subsection 27B(4) to give an approval; or
(c) a decision to specify conditions in an approval given under subsection 27B(4); or
(ca) a decision to revoke an approval given under subsection 27B(4); or
(d) a determination by the Secretary, or a delegate of the Secretary, under subclause 5(2) of Schedule 8 to the Primary Industries (Excise) Levies Act 1999, of the declared value of a quantity of deer velvet used in the production of other goods; or
(e) a determination by the Secretary, or a delegate of the Secretary, under paragraph 3(3)(a) of Schedule 6 to the Primary Industries (Customs) Charges Act 1999, of the declared value of a quantity of deer velvet exported from Australia.