Commonwealth Numbered Regulations

1988 No. 368 FOREIGN FISHING BOATS LEVY REGULATIONS (AMENDMENT) - REG 2

2. After regulation 4 of the Foreign Fishing Boats Levy Regulations the
following regulation is inserted: Reconsideration and review of decisions
under paragraph 4 (b)

"5. (1) In this regulation:
'relevant decision' means a decision under paragraph 4 (b) that a person is,
or is not, the owner of a boat;
'reviewable decision' means a decision of the Minister under subregulation
(6).

"(2) The person making a relevant decision shall, within 28 days of the date
of the decision, cause written notice of the decision to be given to persons
whose interests are affected by the decision.

"(3) A notice given under subregulation (2) of a relevant decision shall
include a statement to the effect that a person whose interests are affected
by the decision may, by notice in writing given to the Minister within 21 days
of the day on which the decision first comes to the notice of the person, or
within such further period as the Minister allows by notice in writing given
to the person either before or after the expiration of those 21 days, request
the Minister to reconsider the decision.

"(4) A person whose interests are affected by a relevant decision may, by
notice in writing given to the Minister within 21 days of the day on which the
decision first comes to the notice of the person, or within such further
period as the Minister allows by notice in writing given to the person either
before or after the expiration of those 21 days, request the Minister to
reconsider the decision.

"(5) A request under subregulation (4) shall set out the reasons for making
the request.

"(6) Within 45 days of the receipt by the Minister of a request under
subregulation (4) to reconsider a relevant decision, the Minister shall
reconsider the decision and make a decision:

   (a)  confirming the relevant decision;

   (b)  in substitution for the relevant decision; or

   (c)  revoking the relevant decision.

"(7) Application may be made to the Administrative Appeals Tribunal for the
review of a reviewable decision.

"(8) The Minister shall, within 28 days of the date of making a reviewable
decision, cause written notice of the decision to be given to persons whose
interests are affected by the decision.

"(9) A notice given under subregulation (8) of a reviewable decision shall:

   (a)  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 the review of the decision; and

   (b)  except where subsection 28 (4) of that Act applies-include a statement
        to the effect that a person whose interests are affected by the
        decision may request a statement under section 28 of that Act.

"(10) The validity of a decision is not affected by a failure to comply with
subregulation (3) or (9).

"(11) The Minister may, by instrument in writing, delegate to the Secretary or
to an officer in the Senior Executive Service in the Department all or any of
his or her powers under this regulation.".