101Review

101 Review

(1) An eligible person in relation to a reviewable decision may apply to the Secretary for a review of the decision.

(2) An application for review must be made within 28 days after the later of—

(a) the day on which the applicant was notified of the decision; and

(b) the day on which the eligible person is notified by the Secretary of the eligible person's right to a review.

(3) The Secretary must, on receiving an application, review the reviewable decision.

(4) The Secretary may—

(a) make a decision affirming, varying or revoking the reviewable decision; and

(b) if the Secretary revokes the decision, make such other decision as the Secretary considers appropriate under the provision under which the reviewable decision was made.

(5) The Secretary must—

(a) notify an applicant for review in writing of his or her decision within 28 days after he or she receives the application for review; and

(b) at the same time give a statement of reasons, in writing, for his or her decision to the applicant for review.

(6) If the Secretary does not make a decision within 28 days after he or she receives the application for review, the Secretary is deemed to have affirmed the decision.

(7) The Secretary must inform an applicant for review (other than a relevant applicant or licensee) in writing of the applicant's right to external review under section 102.