89Consideration of application and decision

89 Consideration of application and decision

Reg. 89(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 71(a)).

(1) After considering an application under regulation 88, the Secretary must, if satisfied that the requirements specified in regulation 88(1) are met, remove the special condition.

Reg. 89(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 71(b)).

(2) If the requirements of regulation 88(1) are not met, the Secretary must refuse the application.

Reg. 89(3) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 71(c)).

(3) The Secretary must give written notice of the Secretary's decision under subregulation (1) or (2), to the applicant stating—

(a) if the application has been granted, the date from which the special condition will no longer apply; and

(b) if the application has been refused—

(i) the reasons for the decision; and

(ii) that the person has a right under Part 5 to apply within 28 days after receiving the notice to have the decision reviewed.

Part 5—Review and appeal rights

Division 1—Definition

90 Definition for Part 5

Reg. 90 def. of affected person amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 72).

affected person means a person in relation to whom the Secretary has made a relevant decision.

Division 2—Review