Part 7OBJECTIONS, REVIEWS AND APPEALS

PART 7—OBJECTIONS, REVIEWS AND APPEALS Division 1—Objections to and review of assessments Objections 54. (1) An employer who is dissatisfied with an assessment, may, within 60 days after being given notice of the assessment, lodge a written objection to the assessment stating fully and in detail the grounds on which the employer relies. (2) The Commissioner must consider the objection, and may either disallow it or allow all or part of it. (3) The Commissioner must give written notice of the decision to the employer. (4) If an assessment has been amended in any particular, an employer’s right to object to the amended assessment is limited to a right to object to alterations or additions in relation to, or matters relating to, the particular. (5) If a notice of assessment of training guarantee charge incorporates notice of one or more assessments of additional training guarantee charge, the assessments are, for the purposes of this Part, to be treated as one assessment. Request for referral 55. An employer who is dissatisfied with a decision under section 54 may, within 60 days of being given notice of the decision, lodge: (a) a written request to refer the decision to the Tribunal; or (b) a written request to refer the decision to the Federal Court. Applications for extension of time 56. (1) Even if the period for an employer to lodge an objection to an assessment has ended, the employer may lodge the objection with a written application requesting the Commissioner to treat the objection as having been duly lodged. (2) Even if the period for an employer to lodge a request under section 55 has ended, the employer may lodge the request with a written application asking that the request be treated as having been duly lodged. (3) An application under subsection (1) or (2) must state fully and in detail the circumstances concerning, and the reasons for, the employer’s failure to lodge the objection or request as required by this Act. Consideration of applications for extension of time for lodging objections 57. (1) The Commissioner must consider each application made under subsection 56 (1) and may grant or refuse the application. (2) The Commissioner must give written notice of the Commissioner’s decision on the application to the employer concerned. (3) An employer who is dissatisfied with a decision under subsection (1) may apply to the Tribunal for review of the decision. (4) If an application under subsection 56 (1) has been granted, the employer who made the application is, for the purposes of this Part, to be treated as having duly lodged the objection to which the application relates. Consideration of applications for extension of time for lodging requests for referral 58. (1) If the Commissioner receives an application under subsection 56 (2), the Commissioner must, as soon as practicable: (a) if the application relates to a request to refer a decision to the Tribunal—send the application to the Tribunal; or (b) if the application relates to a request to refer a decision to the Federal Court—send the application to the Federal Court. (2) The sending of an application to the Tribunal under paragraph (1) (a) is, for the purposes of the Administrative Appeals Tribunal Act 1975, taken to constitute the making of an application by the employer concerned to the Tribunal to extend the time within which the request may be lodged. (3) The sending of an application to the Federal Court under paragraph (1) (b) constitutes the making of an application by the employer concerned to the Federal Court to extend the time within which the request may be lodged. (4) The Tribunal or the Federal Court, as the case requires, may grant or refuse the application. (5) If an application under subsection 56 (2) has been granted, the employer is, for the purposes of this Part, to be treated as having duly lodged the request to which the application relates. Referral to Tribunal or Federal Court 59. (1) If an employer duly lodges a request under section 55, the Commissioner must comply with the request. (2) The referral to the Tribunal of a decision on an objection is, for the purposes of the Administrative Appeals Tribunal Act 1975, taken to be the making of an application by the employer to the Tribunal for review of the decision. (3) The referral of a decision on an objection to the Federal Court constitutes an appeal against the decision by the employer concerned. Procedure on review or appeal 60. In proceedings under this Division on a review before the Tribunal or an appeal to a court: (a) the employer is, unless the Tribunal or court orders otherwise, limited to the grounds stated in the objection; and (b) the employer has the burden of proving that an assessment is excessive. Division 2—Review of training advisory certificate decisions Review of industry training agent’s refusal to give training advisory certificate 61. (1) If a registered industry training agent refuses to give an employer a training advisory certificate, the employer may apply in writing to the training advisory body for a review of the training agent’s decision. (2) On considering the application, the training advisory body must give the employer a certificate stating whether or not the activities specified in the application constitute an eligible training program, or the expenditure specified in the application constitutes eligible training expenditure, as the case requires. (3) The training advisory body must give the Commissioner a copy of the certificate. Request for referral to Tribunal 62. (1) An employer who is dissatisfied with the effect of a training advisory certificate given by the training advisory body under section or 61 may, within 60 days of being given the certificate or a copy of it (as required by the section concerned), lodge a written request to refer the matter to the Tribunal. (2) A request must state fully and in detail the grounds on which the employer relies. Applications for extension of time 63. (1) Even if the period for an employer to lodge a request under section 62 has ended, the employer may lodge the request with a written application asking that the request be treated as having been duly lodged. (2) An application must state fully and in detail the circumstances concerning, and the reasons for, the employer’s failure to lodge the request as required by this Act. Consideration of applications for extension of time 64. (1) If the Commissioner receives an application under section 63, the Commissioner must, as soon as practicable, send the application to the Tribunal. (2) The sending of an application to the Tribunal under subsection is, for the purposes of the Administrative Appeals Tribunal Act 1975, taken to constitute the making of an application by the employer concerned to the Tribunal to extend the time within which the request may be lodged. (3) The Tribunal may grant or refuse the application. (4) If an application under section 63 has been granted, the employer is, for the purposes of this Part, to be treated as having duly lodged the request to which the application relates. Referral to Tribunal 65. (1) If an employer duly lodges a request under section 62, the Commissioner must comply with the request. (2)The referral of the matter to the Tribunal is, for the purposes of the Administrative Appeals Tribunal Act 1975, taken to be the making of an application by the employer to the Tribunal for review of the decision. Procedure on review 66. In proceedings under this Division in relation to the referral of a matter to the Tribunal, the employer is limited to the grounds stated in the request for referral made under section 62. Division 3—Review or appeal generally Notice to refer 67. (1) Subject to subsections (2) and (3), if the Commissioner does not comply with a request under section 55 or 62 within 60 days after receiving it, the employer may give written notice to the Commissioner requiring the Commissioner to do so and the Commissioner must, within 60 days after receiving the notice, comply with the request. (2) If an application under subsection 56 (2) or section 63 has been granted, the employer is not entitled to give notice until 60 days after the day on which the application was granted. (3) If, within 60 days after receiving a request under section 55 or or in a case to which subsection (2) applies, within 60 days after an application under subsection 56 (2) or section 63, has been granted, the Commissioner, by written notice given to the employer, requires the employer to give information relating to the request or application, the Commissioner is not required to comply with the request until 60 days after the Commissioner receives the information. Powers of Federal Court on appeal 68. If the Federal Court hears an appeal under this Part, the Federal Court may make any order relating to the appeal that it thinks fit, including an order confirming or varying the decision or the effect of a training advisory certificate. Implementation of decisions 69. (1) When a decision of the Tribunal or a court under this Part becomes final, the Commissioner must, not later than 60 days after the decision becomes final, take such action, including amending the assessment concerned, that may be necessary to give effect to the decision. (2) For the purposes of determining when a decision made by the Tribunal or the Federal Court becomes final: (a) if the decision is made by the Tribunal, or by the Federal Court constituted by a single judge, and no appeal is lodged within the period for lodging an appeal—the decision becomes final at the end of that period; or (b) if the decision is made by the Full Court of the Federal Court, and an application is not made for special leave to appeal to the High Court within the period of 30 days after the decision— the decision becomes final at the end of that period. Pending review or appeal not to affect assessment 70. The fact that a review or appeal is pending in relation to an assessment or a training advisory certificate does not, in the meantime, interfere with or affect, the assessment, an assessment in relation to the certificate or the effect of the certificate, and training guarantee charge, or additional training guarantee charge under section 75 or Part 9, may be recovered as if no review or appeal were pending.