19Review of decisions under the Act, Part 5—the Act, s 58(1)(t)

19 Review of decisions under the Act, Part 5—the Act, s 58(1)(t)

19 Review of decisions under the Act, Part 5—the Act, s 58(1)(t)

(1) This section applies to the following decisions—

(a) a decision under the Act, section 39A(1)(b) to refuse to grant a licence,

(b) a decision under the Act, section 39C(1)(b) to refuse to renew a licence,

(c) a decision under the Act, section 39I(1)(a) to revoke a licence.

(2) The following persons may apply for a review of a decision—

(a) for a decision to refuse to grant a license—the applicant for the licence,

(b) for a decision to refuse to renew a licence—the applicant for the renewal,

(c) for a decision to revoke a licence—the person who held the licence immediately before it was revoked.

(3) An application must be—

(a) made to the Secretary, and

(b) made within 28 days after the day on which the applicant is given notice of the decision, and

(c) made in the form specified by the Secretary, and

(d) accompanied by the submissions, information or documents the applicant wishes to be considered in the review.

(4) The Secretary must refer the application to a person (the internal reviewer) who, as far as reasonably practicable—

(a) was not substantially involved in making the decision under review, and

(b) is, in the Secretary’s opinion, suitably qualified to conduct the review.

(5) In conducting the review, the internal reviewer—

(a) must consider the submissions, information or documents accompanying the application, and

(b) may consider other information the internal reviewer considers relevant.

(6) After conducting the review, the internal reviewer may—

(a) affirm the decision, or

(b) set aside the decision and substitute the decision with a decision to—