CTHRepealedAct
Wildlife Protection (Regulation of Exports and Imports) Act 1982
80Review on decisions
Start here
Get a plain-English read of 80
Turn the raw legal text into a practical explanation grounded in Wildlife Protection (Regulation of Exports and Imports) Act 1982.
##### 80 Review on decisions
(1) An application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions:
(a) a declaration by the Minister under subsection 10(1);
(aa) a decision of the Minister under subsection 10(4), (6) or (7) to revoke a declaration;
(ab) a decision by the Minister under subsection 10(5) to vary a declaration;
(ac) a declaration by the Minister under subsection 10A(2) or (3);
(ad) a decision of the Minister under subsection 10A(4A), (4C) or (4D) to revoke a declaration;
(ae) a decision by the Minister under subsection 10A(4B) to vary a declaration;
(b) a declaration by the Designated Authority under subsection 11(1) or 12(1);
(c) a refusal by the Designated Authority of an application made under subsection 11(3) or 12(3);
(d) a requirement by the Minister under subsection 23(5);
(e) a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 38;
(f) a decision of the Minister to grant, or refuse to grant, a permit, other than a permit to export, or a permit to import, a specimen specified in Part I of Schedule 3;
(g) a determination by the Minister for the purposes of paragraph 24(5)(b) of the period for which a permit is to remain in force;
(h) a refusal by the Designated Authority of an application made under subsection 40(5);
(j) a decision of the Designated Authority under subsection 40(7) to remove the name of a scientific organization from the register maintained under subsection 40(1);
(k) a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 41 or 42, subsection 42A(7) or 42B(9) or section 43 or 44;
(l) a decision of the Minister to give, or refuse to give, an authority under section 42, 42A, 42B or 43;
(m) a determination by the Minister for the purposes of paragraph 42(6)(c) of the period for which an authority under section 42 is to remain in force;
(ma) a determination by the Minister for the purposes of paragraph 42A(8)(c) of the period for which an authority under section 42A is to remain in force;
(mb) a determination by the Minister for the purposes of paragraph 42B(10)(c) of the period for which an authority under section 42B is to remain in force;
(n) a determination by the Minister for the purposes of paragraph 43(9)(b) of the period for which an authority under section 43 is to remain in force, being a period of less than 12 months;
(o) a determination by the Minister for the purposes of paragraph 44(3)(c) of the period for which an authority under section 44 is to remain in force;
(p) a decision of the Minister to vary, revoke or suspend a permit or authority under section 46;
(q) a determination by the Minister of the period of suspension of a permit or authority for the purposes of subsection 46(3);
(r) an imposition under subsection 47(1) of conditions in respect of a permit or an authority;
(s) a decision of the Minister to revoke, suspend, vary, or cancel a suspension of, a condition in respect of a permit or an authority under subsection 47(1);
(sa) a decision by the Designated Authority under subsection 47A(3);
(t) a refusal by the Minister of an application under subsection 49(1) or (2);
(u) a decision by the Designated Authority to give, or refuse to give, an approval under subsection 50(1) or 51(1);
(ua) a decision of the Designated Authority under a determination in force under section 51D;
(w) a decision of the Designated Authority under subsection 57J(1) to refuse to grant a registration certificate;
(x) a determination by the Designated Authority under subsection 57L(2) of the period for which a registration certificate is to remain in force;
(y) an imposition under subsection 57M(1) or (2) of conditions in respect of a registration certificate;
(z) a decision of the Designated Authority under subsection 57M(2) to vary or revoke a condition in respect of a registration certificate;
(za) a decision of the Designated Authority under subsection 57Q(1) or (2) to cancel a registration certificate.
(2) In giving a direction as to the persons who are to constitute the Administrative Appeals Tribunal for the purposes of a review of a decision of the Minister that the Minister is satisfied, or not satisfied, in relation to a matter for the purposes of section 25, 27, 33 or 34 or paragraph 43(6)(b), the President of the Tribunal shall ensure that, for the purposes of the review, the Tribunal is constituted by, or includes, a member of the Tribunal who, in the opinion of the President, has special knowledge or skill in relation to environmental matters.
(3) Where the Minister or the Designated Authority makes a decision of a kind referred to in subsection (1) and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.
(4) Any failure to comply with the requirements of subsection (3) in relation to a decision shall not be taken to affect the validity of the decision.
(5) In subsection (1), decision has the same meaning as it has in the Administrative Appeals Tribunal Act 1975.