Commonwealth Numbered Acts

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FUEL SECURITY ACT 2021 (NO. 65, 2021) - SECT 75

Reconsideration by responsible person

             (1)  If a person makes an application under section 74 to the responsible person for a reviewable decision, the responsible person must:

                     (a)  reconsider the decision; and

                     (b)  affirm, vary or revoke the decision.

             (2)  The responsible person's decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.

             (3)  The responsible person must give the applicant a written notice stating the responsible person's decision on the reconsideration.

             (4)  Within 28 days after making the decision on reconsideration, the responsible person must give the applicant a written statement of the responsible person's reasons for the decision.

             (5)  If the responsible person's functions under this section are performed by a delegate of the responsible person, the delegate who reconsiders the reviewable decision:

                     (a)  must not have been involved in making the reviewable decision; and

                     (b)  must hold a position, or perform duties, of at least the same level as the delegate who made the reviewable decision.

Note:          The Secretary may delegate functions and powers to certain APS employees in the Department (see section 83).



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