8Lodgement of application

8 Lodgement of application

(1)  An application is to be lodged with –

(a) the Secretary of the Department, if the application relates to an administrative decision specified in column 3 of Part 1 of Schedule 1 ; or

(b) the Commission, if the application relates to an administrative decision specified in column 3 of Part 2 of Schedule 1 .

(2)  If an application is given to the incorrect reviewing authority –

(a) the application is not invalid solely on that basis; and

(b) the incorrect reviewing authority is to ensure that the application is passed to the correct reviewing authority as soon as practicable; and

(c) the application is taken to be lodged within the period specified in regulation 6(2)(d) if the application was lodged with the incorrect reviewing authority within that period; and

(d) for the purposes of Division 2 , the application is taken to be lodged when received by the correct reviewing authority.

(3)  A reviewing authority may consider an application lodged outside the period specified in regulation 6(2)(d) if satisfied that it would be reasonable in the circumstances to do so.