38Application for review

38 Application for review

(1) Applications may be made to the Administrative Appeals Tribunal for a review of: (a) a decision of the Secretary for the purposes of section 5 that a ship has not been converted by being extensively modified; (b) a decision of the Secretary under subsection 13(2) refusing to give a category certificate; (c) a decision of the Secretary under subsection 13(7) refusing to insert a category; (d) a decision of the Secretary under subsection 14(3) refusing to insert a category; (e) a decision of the Secretary under section 15 approving payment of an amount of grant less than that claimed or refusing to approve payment of a grant; (f) a decision of the Secretary under subsection 16(4) approving payment of an additional amount less than that claimed or refusing to approve payment of an additional amount; (g) a decision of the Secretary under subsection 17(4) that there has been an overpayment; (h) a decision of the Secretary for the purposes of section 19; (j) a decision of the Secretary under subsection 22(3) refusing to approve the operation of a ship in accordance with an application; (k) a decision of the Secretary under subsection 22(7) refusing to approve the operation of a ship in accordance with an application; or (m) a decision of the Secretary under subsection 35(2) refusing to make a declaration. (2) Without limiting section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal is reviewing a decision referred to in paragraph (1)(e), (f) or (g) in relation to a ship, the Tribunal may: (a) if a determination under subsection 18(2), (4) or (6) has been made in relation to the ship—either: (i) set aside that determination; or (ii) set aside that determination and make a further determination under subsection 18(2), (4) or (6), as the case may be, in relation to the ship; or (b) if a determination under subsection 18(2), (4) or (6) has not been made in relation to the ship—make a determination under subsection 18(2), (4) or (6), as the case may be, in relation to the ship; if it considers it appropriate to do so. (3) In subsection (1), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.