39Reconsideration of certain decisions

39 Reconsideration of certain decisions

(1) If a decision is made by the Secretary: (a) under section 11 refusing wholly or partly an application for a tradex order; or (b) under section 13 refusing wholly or partly an application for the variation of a tradex order; the applicant may apply to the Secretary, within 28 days after the day on which the notice of the decision was given to the applicant, for reconsideration of the decision. (2) If a decision is made by the Secretary: (a) under section 17 suspending a tradex order; or (b) under section 19 or 19A revoking a tradex order; the holder of the order may apply to the Secretary, within 28 days after the day on which the notice of the decision was given to the holder, for reconsideration of the decision. (3) An application for reconsideration must: (a) be in writing; and (b) be in accordance with the approved form; and (c) include the grounds on which the person seeks the reconsideration of the decision (whether or not those grounds had previously been considered); and (d) be signed in the manner indicated in the form; and (e) be lodged with the Secretary. (4) The Secretary must cause to be recorded the day on which an application for reconsideration of a decision is lodged. (5) The Secretary must decide, not later than 28 days after the day on which the application was lodged, whether to affirm the original decision or to substitute any other decision that the Secretary might have made. (6) In reconsidering a decision, the Secretary may have regard to: (a) the application for reconsideration and any submissions, information, documents and materials that the Secretary was entitled to take into account in making the decision; and (b) any new matter produced to the Secretary by the applicant for reconsideration other than matter that was not produced to the Secretary before the end of the period within which the application for reconsideration was required to be made. (7) If the Secretary fails to make a decision on the reconsideration within the period referred to in subsection (5), the Secretary is taken, for the purposes of the reconsideration, to have made, at the end of that period, a decision to affirm the original decision. (8) The Secretary must cause to be given to the applicant a written notice: (a) of his or her decision on the application for reconsideration; or (b) if subsection (7) applied—of the decision that is taken by that subsection to have been made.

Note 1: The Secretary has power to extend periods referred to in subsections (1) and (2) (see section 43).

Note 2: For the right to have a decision on reconsideration reviewed by the Administrative Review Tribunal, see section 40.