Commonwealth Numbered Acts

SHIPS (CAPITAL GRANTS) ACT 1987 No. 74, 1987 - SECT 38

38. (1) Applications may be made to the Administrative Appeals Tribunal for a
review of:

   (a)  a decision of the Secretary for the purposes of section 5 that a ship
        has not been converted by being extensively modified;

   (b)  a decision of the Secretary under subsection 13 (2) refusing to give a
        category certificate;

   (c)  a decision of the Secretary under subsection 13 (7) refusing to insert
        a category;

   (d)  a decision of the Secretary under subsection 14 (3) refusing to insert
        a category;

   (e)  a decision of the Secretary under section 15 approving payment of an
        amount of grant less than that claimed or refusing to approve payment
        of a grant;

   (f)  a decision of the Secretary under subsection 16 (4) approving payment
        of an additional amount less than that claimed or refusing to approve
        payment of an additional amount;

   (g)  a decision of the Secretary under subsection 17 (4) that there has
        been an overpayment;

   (h)  a decision of the Secretary for the purposes of section 19;

   (j)  a decision of the Secretary under subsection 22 (3) refusing to
        approve the operation of a ship in accordance with an application;

   (k)  a decision of the Secretary under subsection 22 (7) refusing to
        approve the operation of a ship in accordance with an application; or

   (m)  a decision of the Secretary under subsection 35 (2) refusing to make a
        declaration.

(2) Without limiting section 43 of the Administrative Appeals Tribunal Act 
1975 , where the Administrative Appeals Tribunal is reviewing a decision
referred to in paragraph (1) (e), (f) or (g) in relation to a ship, the
Tribunal may:

   (a)  if a determination under subsection 18(1) or (2) has been made in
        relation to the ship - either:

        (i)    set aside that determination; or

        (ii)   set aside that determination and make a further determination
               under subsection 18 (1) or (2), as the case may be, in relation
               to the ship; or

   (b)  if a determination under subsection 18 (1) or (2) has not been made in
        relation to the ship - make a determination under subsection 18 (1) or
        (2), as the case may be, in relation to the ship; if it considers it
        appropriate to do so.
(3) In subsection (1), "decision" has the same meaning as in the
Administrative Appeals Tribunal Act 1975.