Tobacco and Other Smoking Products Act 1998
sec.59Internal review
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sec.59 Internal review
The chief executive must, within 20 business days after receiving an application for an internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision a QCAT information notice for the decision made under paragraph (b) . The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection. For the purpose of delegating the power under this section, the application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision. Subsection (3) does not apply to an original decision made by the chief executive personally. If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision. s 59 ins 2023 No. 16 s 7 (sec.59-ssec.1) The chief executive must, within 20 business days after receiving an application for an internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision a QCAT information notice for the decision made under paragraph (b) . (sec.59-ssec.2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection. (sec.59-ssec.3) For the purpose of delegating the power under this section, the application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision. (sec.59-ssec.4) Subsection (3) does not apply to an original decision made by the chief executive personally. (sec.59-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.
- (a) review the original decision; and
- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and
- (i) confirm the original decision; or
- (ii) amend the original decision; or
- (iii) substitute another decision for the original decision; and
- (c) give the affected person for the original decision a QCAT information notice for the decision made under paragraph (b) .