Commonwealth Numbered Acts

PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION ACT 1991 No. 25, 1991 - SECT 28

28. (1) A person affected by a relevant 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 end of the 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.

(2) A request under subsection (1) must set out the reasons for making the
request.

(3) The Minister must, within 45 days after receiving a request under
subsection (2), 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.

(4) Where, as a result of a reconsideration under subsection (3), the Minister
makes a decision in substitution for or revoking a relevant decision, the
Minister must, by notice in writing served on the person who made the request
under subsection (1) for the reconsideration, inform the person of the result
of the reconsideration and give the reasons for his or her decision.

(5) An application may be made to the Administrative Appeals Tribunal for
review of a decision of the Minister under subsection (3).

(6) A person who makes a relevant decision must give to a person affected by
the decision a statement in writing 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.

(7) Where the Minister makes a decision under subsection (3) and gives to a
person affected by the decision notice in writing of the making of the
decision, that notice must 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 affected by the decision.

(8) A failure to comply with the requirements of subsection (6) or (7) in
relation to a decision does not affect the validity of the decision.

(9) In this section:

"relevant decision" means:

   (a)  a decision to refuse to remit, under subsection 16 (1), the whole or
        part of an amount; or

   (b)  a decision by a person who is an authorised person for the purposes of
        the Dairy Produce Levy (No. 1) Act 1986 to refuse to give a
        certificate under subsection 9 (2) of that Act; or

   (c)  a decision by a person who is an authorised person for the purposes of
        subsection 5 (2) of the Dried Vine Fruits Equalization Levy Act 1978
        to refuse to issue a certificate under that subsection.