Commonwealth Consolidated Regulations

DEFENCE TRADE CONTROLS REGULATION 2013 - REG 22

Internal review

  (1)   A person may request the Minister, in writing, to review:

  (a)   a decision made under subsection   20(6) to refuse to approve a person as an approved intermediate consignee; or

  (b)   a decision made under subsection   21(1) to cancel an approval.

  (2)   The request must be made within 30 days after the day on which the person is notified of the decision.

  (3)   The request must set out the reasons it is made.

  (4)   The Minister must review the decision:

  (a)   personally; and

  (b)   as soon as practicable after receiving the request.

  (5)   The Minister may:

  (a)   affirm, vary or revoke the decision; and

  (b)   if the Minister revokes the decision, make such other decision as the Minister thinks appropriate.

  (6)   The Minister must notify the person, in writing, within 30 days after receiving a request, of:

  (a)   the decision under subsection   (5); and

  (b)   the reasons for that decision, unless disclosing the reasons would prejudice the security, defence or international relations of Australia; and

  (c)   if, under paragraph   (b), the reasons cannot be disclosed--the fact that the reasons cannot be disclosed; and

  (d)   the person's right to have that decision reviewed by the Administrative Review Tribunal.

  (7)   The Minister is taken to have affirmed the decision mentioned in subsection   (4) if the person does not receive notice of the Minister's decision on the review of that decision within 90 days after the person requested the Minister to review the decision.

Review by the Administrative Review Tribunal

  (8)   Applications may be made to the Administrative Review Tribunal for review of:

  (a)   a decision made by the Minister under subsection   (5); or

  (b)   a decision made by the Minister personally under subsection   20(6) or 21(1).