Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1984 No. 30 of 1984 - SECT 19

19. The Principal Act is amended by inserting after section 12R the following
section in Part IVA: Reconsideration and review of decisions by Joint
Authority

"12S. (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 decision of a delegate of the Joint Authority
under section 6B, section 9 (other than a decision under sub-section (9) or
(10) of that section), sub-section 9A (1) or (4), sub-section 12P (4) or
sub-section (2) of this section;
'reviewable decision' means a decision of a delegate of the Joint Authority
under sub-section (4) of this section.

"(2) A person affected by a relevant decision who is dissatisfied with the
decision may, within 21 days after the day on which the decision first comes
to the notice of the person, or within such further period as the Joint
Authority (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 Joint
Authority, request the Joint Authority to reconsider the decision.

"(3) There shall be set out in the request the reasons for making the request.

"(4) The Joint Authority shall within 45 days after the receipt of the
request, reconsider the relevant decision and may make a decision-

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

   (b)  revoking the relevant decision.

"(5) Where, as a result of a reconsideration under sub-section (4), the Joint
Authority makes a decision in substitution for or revoking the relevant
decision, it shall, by notice in writing served, either personally or by post,
on the person who made the request under sub-section (2) for the
reconsideration, inform the person of the result of the reconsideration, set
out findings on material questions of fact, refer to the evidence or other
material on which those findings were based and give the reasons for its
decision.

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

"(7) 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 he is dissatisfied with the decision, seek a reconsideration
        of the decision by the Joint Authority in accordance with sub-section
        (2); and

   (b)  may, subject to the Administrative Appeals Tribunal Act 1975, if a
        delegate of the Joint Authority reconsiders the decision under
        sub-section (4) and he is dissatisfied with the decision of the
        delegate upon that reconsideration, make application to the
        Administrative Appeals Tribunal for review of the decision of the
        delegate.



"(8) Where a reviewable decision is made and notice in writing of the making
of the decision is given to a person whose interests are affected by 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.

"(9) Any failure to comply with the requirements of sub-section (7) or (8) in
relation to a decision does not affect the validity of the decision.

"(10) A reference in this section to a relevant decision does not include a
reference to a decision in relation to the grant, suspension or cancellation
of a master fisherman's licence in respect of a person who is neither an
Australian citizen nor a resident of Australia, or in relation to the
imposition, variation or revocation of conditions to which a master
fisherman's licence granted to such a person is subject.".