Commonwealth Numbered Regulations

1986 No. 79 EXPORT CONTROL (UNPROCESSED WOOD) REGULATIONS - REG 16

16. (1) In this regulation, 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 Minister under these
Regulations, being a decision made under regulation 8, 9 or 15 or
sub-regulation 11 (3), 11 (4) or 12 (1);

"relevant person" means-

   (a)  in relation to a relevant decision made under regulation 8 or 9-the
        person who was the applicant for the licence to which the decision
        relates;

   (b)  in relation to a relevant decision made under sub-regulation 11 (3),
        11 (4) or 12 (1) or regulation 15-the holder of the licence to which
        the decision relates;

"reviewable decision" means-

   (a)  a decision of the Minister made under regulation 8, 9 or 15 or
        sub-regulation 11 (3), 11 (4) or 12 (1); or

   (b)  a decision of the Minister or a delegate of the Minister under these
        Regulations made under sub-paragraph (3) (a) (ii) or sub-regulation
        (4).

(2) Subject to sub-regulation (3) a person who is the relevant person in
relation to a relevant decision may request the Minister to reconsider the
relevant decision.

(3) The request shall-

   (a)  be made by notice in writing given to the Minister within-

        (i)    the period of 28 days after the decision first comes to the
               notice of the relevant person; or

        (ii)   such further period as the Minister (whether before or after
               the expiration of that period of 28 days), by notice in writing
               served on the relevant person, allows; and

   (b)  set out the reasons for making the request.

(4) The Minister shall within 45 days after receipt of the request reconsider
the relevant decision and may-

   (a)  confirm the decision;

   (b)  vary the decision; or

   (c)  set the decision aside and make a new decision for the decision set
        aside.

(5) Where, pursuant to a request under sub-regulation (2), the Minister
reconsiders a relevant decision, the Minister shall by notice in writing
served on the person who made the request, inform the person of the result of
the reconsideration and the reasons for the decision.

(6) Subject to sub-regulation (7), applications may be made to the
Administrative Appeals Tribunal for review of reviewable decisions.

(7) Pursuant to sub-section 25 (6) of the Administrative Appeals Tribunal  Act
1975 , the operation of section 27 of that Act, in relation to an application
under sub-regulation (6), is modified to the extent that an application may
only be made by or on behalf of-

   (a)  in the case of a decision by the Minister made under regulation 8 or
        9-the person who was the applicant for the licence to which the
        decision relates;

   (b)  in the case of a decision by the Minister made under sub-regulation 11
        (3), 11 (4) or 12 (1) or regulation 15-the holder of the licence to
        which the decision relates; or

   (c)  in the case of a decision of the Minister or a delegate of the
        Minister under these Regulations made under sub-paragraph (3) (a) (ii)
        or sub-regulation (4)-the person at whose request the Minister or
        delegate made that decision.