66Administrative reviews by Tribunal

66 Administrative reviews by Tribunal

66 Administrative reviews by Tribunal

(1) The defendant may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the decision (the original decision) to which an objection was made if—

(a) the defendant is dissatisfied with the Commissioner’s determination of the objection, or

(b) 90 days have passed as referred to in section 64 since the objection was lodged with the Commissioner and the Commissioner has not determined the objection.

(2) The applicant’s and respondent’s cases on an application for an administrative review are not limited to the grounds of the objection.

(3) The applicant has the onus of proving the applicant’s case in an application for an administrative review.

(4) An application for an administrative review—

(a) following a determination by the Commissioner of an objection—must be made not later than 60 days after the date of issue of the notice of the Commissioner’s determination of the objection, or

(b) following a failure of the Commissioner to determine an objection within the relevant 90-day period—may be made at any time after the end of that period (but must be made as required by paragraph (a) following a subsequent determination of the objection by the Commissioner).

(5) The Tribunal may extend the time for making an application for an administrative review.

(6) The following provisions of the Administrative Decisions Review Act 1997 do not apply to an application made under this section—

(a) Part 2 of Chapter 3,

(b) section 55 (3)–(6),

(c) Division 2 of Part 3 of Chapter 3.

(7) For the purposes of section 58 (1) (a) of the Administrative Decisions Review Act 1997—

(a) the obligation of the Commissioner under that paragraph to lodge a statement of reasons with the Tribunal in respect of an application is limited to providing the Tribunal with a statement of reasons only in respect of the matters arising from the grounds specified in the application, and