Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsMeaning of reviewable defence and strategic goods decision
(1) Each of the following decisions is a reviewable defence and strategic goods decision :
(a) a decision under subregulation 13E(3) to refuse to grant a permission;
(b) a decision under subregulation 13E(6) to impose a condition on a permission;
(c) a decision under subregulation 13EC(1) to impose a new condition on a permission;
(d) a decision under subregulation 13EC(2) to vary a condition imposed on a permission;
(e) a decision under subregulation 13ED(1) to revoke a permission.
(2) If a reviewable defence and strategic goods decision is made by a delegate of the Defence Minister, any person whose interests are affected by the decision, and who is dissatisfied with the decision, may request the Defence Minister to review the decision personally.
(3) The request must be made by written notice given to the Defence Minister:
(a) within 30 days after the day on which the person is taken to have received notice of the decision under regulation 13EG; or
(b) within such longer period as the Defence Minister allows (either before or after the end of the 30 days).
(4) The request must set out the reasons why it is made.
Internal review by Defence Minister personally
(5) On receiving the request, the Defence Minister must review the decision personally.
(6) The Defence Minister may:
(a) affirm, vary or set aside the decision; and
(b) if he or she sets aside the decision, make such other decision under regulation 13E or 13EC as he or she thinks appropriate.
(7) The Defence Minister must give the person written notice including all of the following:
(a) the Defence Minister's decision under subregulation (6);
(b) the reasons for that decision;
(c) a statement of the person's right to have that decision reviewed by the Administrative Appeals Tribunal.
(8) Failure to give notice in accordance with subregulation (7) does not affect the validity of the Defence Minister's decision.
(9) The Defence Minister is taken to have affirmed the reviewable defence and strategic goods decision under subregulation (6) if the person does not receive notice of the Defence Minister's decision on review within 90 days after the person requested the Defence Minister to review the reviewable defence and strategic goods decision.
Note: See regulation 13EG for how notices must be given, and
when they are taken to be received.