Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 118

118. (1) In this section, unless the contrary intention appears-

"decision" has the same meaning as in the Administrative Appeals Tribunal  Act
1975 ;

"relevant decision" means-

   (a)  a relevant licence decision;

   (b)  a relevant payment decision; or

   (c)  a relevant remission decison;

"relevant licence decision" means a decision of the Corporation under
section 56 or 58 or sub-section 59 (2);

"relevant guarantee decision" means a decision of the corporation to refuse to
make a determination applied for under section 99;

"relevant payment decision" means a decision of the Corporation under
sub-section 100 (4);

"relevant remission decision" means a decision of an authorised person under
sub-section 63 (3) or 67 (2);

"reviewable decision" means-

   (a)  a decision of the Minister under sub-section 63 (3) or 67 (2);

   (b)  a decision of the Minister under sub-section (7) of this section; or

   (c)  a decision of the Corporation under sub-section (9) of this section.

(2) A person affected by a relevant licence decision who is dissatisfied with
the decision may, within 28 days after the day on which the decision first
comes to the notice of the person, or within such further period as the
Corporation (either before or after the expiration of the period), by notice
in writing served on the person allows, by notice in writing given to the
Corporation, request the Corporation to reconsider the decision.

(3) A person affected by a relevant guarantee decision who is dissatisfied
with the decision may, within 28 days after the day on which the decision
first comes to the notice of the person, or within such further period as the
Corporation (either before or after the expiration of the period), by notice
in writing served on the person allows, by notice in writing given to the
Corporation, request the Corporation to reconsider the decision.

(4) A person affected by a relevant remission decision who is dissatisfied
with the decision may, within 28 days after the day on which the decision
first comes to the notice of the person, or within such further period as the
Minister (either before or after the expiration of that period), by notice in
writing served on the person allows, by notice in writing given to the
Minister, request the Minister to reconsider the decision.

(5) A person affected by a relevant payment decision who is dissatisfied with
the decision may, within 28 days after the day on which the decision first
comes to the notice of the person, or within such further period as the
Corporation (either before or after the expiration of the period), by notice
in writing served on the person allows, by notice in writing given to the
Corporation, request the Corporation to reconsider the decision.

(6) There shall be set out in a request under sub-section (2), (3), (4) or (5)
the reasons for making the request.

(7) The Minister shall, within 45 days after the receipt of a request under
sub-section (4), reconsider the relevant remission decision and may make a
decision-

   (a)  in substitution for the relevant remission decision, whether in the
        same terms as the relevant remission decision or not; or

   (b)  revoking the relevant remission decision.

(8) Where, as a result of a reconsideration under sub-section (7), the
Minister makes a decision in substitution for or revoking a relevant remission
decision, the Minister shall, by notice in writing served, either personally
or by post, on the person who made the request under sub-section (4) for the
reconsideration, inform the person of the result of the reconsideration and
give the reasons for his or her decision.

(9) The Corporation shall, within 45 days after receipt of a request under
sub-section (2) in relation to a relevant licence decision, under sub-section
(3) in relation to a relevant guarantee decision, or under sub-section (5) in
relation to a relevant payment decision, reconsider the relevant licence
decision, the relevant guarantee decision or the relevant payment decision, as
the case may be, and make a decision-

   (a)  in substitution for the relevant licence decision, the relevant
        guarantee decision, or the relevant payment decision, whether in the
        same terms as the relevant licence decision, the
        relevant guarantee decision, or the relevant payment decision or not;
        or

   (b)  revoking the relevant licence decision, the relevant guarantee
        decision, or the relevant payment decision.

(10) Where, as a result of a reconsideration under sub-section (9), the
Corporation makes a decision in substitution for, or revoking, a relevant
licence decision, a relevant guarantee decision or a relevant payment
decision, the Corporation shall, by notice in writing, served either
personally or by post, on the person who made the request under sub-section
(2), (3) or (5) for the reconsideration, inform the person of the result of
the reconsideration and give the reasons for its decision.

(11) An application may be made to the Administrative Appeals Tribunal for a
review of a reviewable decision.

(12) Where a relevant decision is made and the person who made the relevant
decision gives to a person 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 a person affected by the decision-

   (a)  may, if the person is dissatisfied with the decision, seek a
        reconsideration of the decision in accordance with this section; and

   (b)  may, subject to the Administrative Appeals Tribunal Act 1975, if the
        person is dissatisfied with a decision made upon that reconsideration,
        make application to the Administrative Appeals Tribunal for review of
        that decision.

(13) Where the Minister or the Corporation makes a reviewable decision and
gives to a person 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 a person whose
interests are affected by the decision.

(14) Any failure to comply with the requirements of sub-section (12) or (13)
in relation to a decision does not affect the validity of the decision.