Commonwealth Numbered Acts

LIFE INSURANCE AMENDMENT ACT 1977 No. 32 of 1977 - SECT 32

32. (1) Before section 139 of the Principal Act the following section is
inserted in Part VII:- Review of certain decisions.
''138. (1) In this section-

'person affected by a reviewable decision', in relation to a reviewable
decision, means-

   (a)  the company in relation to which the decision was made; or

   (b)  in the case of a refusal under section 47 to approve of a person
        performing the functions of an auditor under Division 4 of Part III or
        a revocation of an approval given in respect of a person under that
        section-that person;

'reviewable decision' means-

   (a)  a refusal to give an approval under sub-section 16A (1);

   (b)  a refusal under sub-section 19 (1) to register a company;

   (c)  a cancellation under sub-section 23A (2) of the registration of a
        company;

   (d)  a refusal to give an approval under sub-section 39 (2);

   (e)  a direction given under sub-section 40 (8);

   (f)  a refusal under section 47 to approve of a person performing the
        functions of an auditor under Division 4 of Part III or a revocation
        of an approval given in respect of a person under that section;

   (g)  a rejection under sub-section 52 (3) of an account, balance-sheet,
        abstract, statement or return or a direction given under that
        sub-section; or

   (h)  a direction given under sub-section 58 (1).

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

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

''(4) Upon receipt of the request, the Commissioner shall reconsider the
decision and may, subject to sub-sections (5) and (6), confirm or revoke the
decision or vary the decision in such manner as he thinks fit.

''(5) The Commissioner shall not, under sub-section (4), confirm, revoke or
vary a decision of a kind referred to in paragraph (b) or (c) of the
definition of 'reviewable decision' in sub-section (1) without the approval of
the Treasurer.

''(6) Where the Commissioner does not confirm, revoke or vary a decision
before the expiration of the period of 21 days after the day on which he
received the request under sub-section (2) to reconsider the decision, he
shall, upon the expiration of that period, be deemed to have confirmed the
decision under sub-section (4).

''(7) Where the Commissioner confirms, revokes or varies a decision before the
expiration of the period referred to in sub-section (6), he shall, by notice
served on the person who made the request, inform the person of the result of
his reconsideration of the decision and his reasons for confirming, varying or
revoking the decision, as the case may be.

''(8) Applications may be made to the Administrative Appeals Tribunal for
review of decisions of the Commissioner that have been confirmed or varied
under sub-section (4).

''(9) Where a decision is deemed, by reason of the operation of sub-section
(6), to be confirmed, section 29 of the Administrative Appeals Tribunal Act 
1975 applies as if the prescribed time for making application for review of
the decision were the period commencing on the day on which the decision is
deemed to be confirmed and ending on the twenty-eighth day after that day.

''(10) Where a person makes a request under sub-section (2) in respect of a
reviewable decision, section 41 of the Administrative Appeals Tribunal Act 
1975 applies as if the making of the request were the making of an application
to the Administrative Appeals Tribunal for a review of that decision.

''(11) For the purposes of a review of a reviewable decision, the Tribunal
shall, subject to sub-sections 21 (1A) and 23 (1) of the Administrative 
Appeals Tribunal Act 1975 , be constituted by a presidential member and 2
non-presidential members.

''(12) In giving a direction as to the persons who are to constitute the
Tribunal for the purposes of a review of a reviewable decision, or for the
purposes of a request under sub-section 41 (2) of the Administrative Appeals 
Tribunal Act 1975 in respect of such a decision, the President shall ensure
that each non-presidential member of the Tribunal as so constituted is a
person who, in the opinion of the President, has special knowledge or skill in
relation to life insurance business.

''(13) A non-presidential member of the Tribunal shall not sit as a member of
the Tribunal for the purposes of a review of a reviewable decision, or for the
purposes of a request under sub-section 41 (2) of the Administrative  Appeals
Tribunal Act 1975 in respect of such a decision, if he is a director or
employee of a company, body corporate or body carrying on (whether in
Australia or elsewhere) life insurance business or insurance business.

''(14) An order shall not be made under sub-section 41 (2) of the
Administrative Appeals Tribunal Act 1975 in respect of a reviewable decision
except by the Tribunal.

''(15) The hearing of a proceeding relating to a reviewable decision shall
take place in private and the Tribunal may, by order-

   (a)  give directions as to the persons who may be present; and

   (b)  give directions of a kind referred to in paragraph 35 (2) (b) or (c)
        of the Administrative Appeals Tribunal Act 1975.''.

(2) The section inserted in the Life Insurance Act 1945 by sub- section (1)
does not apply in respect of a decision made under that Act in respect of
which any proceedings were instituted before the commencement of this section,
and the provisions of that Act, as in force immediately before the
commencement of this section, continue to have effect in relation to such a
decision and to any proceedings under that Act in respect of such a decision.

(3) In sub-section (2), a reference to the making of a decision is a reference
to-

   (a)  the refusal to give an approval;

   (b)  the giving of a direction;

   (c)  the revocation of an approval; or

   (d)  the rejection of an account, balance-sheet, abstract, statement or
        return.