(1)  A reviewing authority must consider each application that is made to it and, in so doing –

(a) must observe the rules of natural justice; and

(b) must ensure that any employee or agent engaged in the review process –

(i) was not involved in making the administrative decision under review; and

(ii) is not under the direct control of a person who was involved in making the administrative decision under review; and

(c) may engage an independent mediator to assist in the review process; and

(d) may, if the administrative decision under review relates to matters that are of general importance to a sector of the transport industry and it is possible to do so without prejudice to the applicant, consult with any representatives of, or organisations in, that industry sector.

(2)  If a reviewing authority finds that an application is frivolous or vexatious it must give the applicant immediate notice of that finding but is not required to take any further action.

(3)  In any other case, the reviewing authority must make a determination to –

(a) affirm the administrative decision; or

(b) vary the administrative decision (if it is capable of variation); or

(c) set aside the administrative decision.

(4)  If subregulation (3)(b) applies, the administrative decision as varied forms part of the determination for the purposes of these regulations.

(5)  If subregulation (3)(c) applies –

(a) the reviewing authority must make a new administrative decision in place of the decision that has been set aside; and

(b) the new administrative decision forms part of the determination for the purposes of these regulations.

(6)  A determination under this regulation is to be made within –

(a) 14 days after the application is lodged; or

(b) if within that period the reviewing authority gives the applicant notice in accordance with regulation 6(6) that further information or evidence is required, 14 days after the reviewing authority is given the further information or evidence.

(7)  A 14 day period for making a determination may, on the reviewing authority giving notice to the applicant within that period, be extended once by a further period not exceeding 28 days.

(8)  If a determination is not made within the period provided by subregulation (6) or, if applicable, the further period provided by subregulation (7) , the reviewing authority is taken to have made a determination to affirm the administrative decision to which the application relates.

(9)  The reviewing authority must give an applicant notice of a determination as soon as practicable after it has been made or, in a case to which subregulation (8) applies, taken to have been made.

(10)  A notice under subregulation (2) or (9) is to –

(a) give reasons for the finding or determination; and

(b) if applicable, inform the applicant of the applicant’s right of appeal and the procedure for instituting an appeal.