206Review by the Secretary

206 Review by the Secretary S. 206(1) def. of *decision* substituted by No. 39/2024 s. 105(1). ***decision*** means a decision made by the Secretary— (a) to certify an approved auditor or revoke an approved auditor's certification under section 94; or (b) to issue, vary, renew, cancel or suspend a pest control licence under section 101 or 105; or (c) to give an information or document production notice; or (d) to give a notice— (i) amending the period within which a person must comply with an information or document production notice; or (ii) amending or revoking the requirement to provide or produce particular information or a particular document under an information or document production notice; S. 206(1) def. of *person aggrieved* substituted by No. 39/2024 s. 105(2). ***person aggrieved*** means— (a) a person who is the applicant for, or the holder of a certification as an approved auditor; or (b) a person who is the applicant for, or the holder of, a pest control licence; or (c) a person to whom an information or document production notice is given. (2) A person aggrieved by a decision may within 28 days of being notified of the decision apply to the Secretary for a review of the decision. (3) On receiving an application under subsection (2), the Secretary must review the decision. (4) The Secretary is taken to have affirmed the decision if the Secretary has not determined an application under this section within— (b) the period agreed to by the Secretary and the applicant under subsection (5). (5) The Secretary and the applicant may agree that the Secretary may determine the application within a period that is greater than the 28 days specified in subsection (4)(a). (6) The Secretary may— (a) make a decision affirming, varying or revoking the decision; and (b) if the Secretary revokes the decision, make any other decision as the Secretary considers appropriate under the provision under which the decision was made. (7) The Secretary must within the period applying under subsection (4) give the applicant for review a written statement of the decision and the reasons for the decision. (8) The Secretary must inform an applicant for review in writing of the applicant's right to apply to VCAT for a review under section 207.