Australian Capital Territory Numbered Acts

HERITAGE LEGISLATION AMENDMENT ACT 2014 (NO. 43 OF 2014) - SECT 66

substitute

Part 17     Notification and review of decisions

111     Meaning of reviewable decision

In this Act:

"reviewable decision "means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

112     Meaning of decision-maker —pt 17

In this part:

"decision-maker", for a reviewable decision, means an entity mentioned in schedule 1, column 4 for the decision.

113     Reviewable decision notices

If a decision-maker makes a reviewable decision, the decision-maker must give a reviewable decision notice to each interested person for the decision.

Note 1     The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008

, s 67A).

Note 2     The requirements for reviewable decision notices are prescribed by regulation under the ACT Civil and Administrative Tribunal Act 2008

.

114     Applications for review

An interested person for a reviewable decision may apply to the ACAT for a review of the decision.

Note     If a form is approved under the ACT Civil and Administrative Tribunal Act 2008

for the application, the form must be used.

114A     Stay of decision under review

    (1)     This section applies if—

        (a)     the council makes a decision under section 40 (Decision about registration) or section 47 (Decision about cancellation proposal); and

        (b)     an interested person for the decision applies to the ACAT for a review of the decision.

    (2)     The decision is stayed until the review, or an appeal to a court arising from the review—

        (a)     has been finally decided; and

        (b)     the final decision on the review, or appeal arising from the review, is consistent with the council's decision.