Victorian Current Acts

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OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 - SECT 765

Reconsideration of reviewable delegated decision

    (1)     A person affected by a reviewable delegated decision who is dissatisfied with the decision may, by written notice given to the Minister, request the Minister to reconsider the decision. The request must be made within—

        (a)     30 days after the day on which the decision first comes to the notice of the person; or

        (b)     such further period as the Minister (either before or after the end of that period), by written notice given to the person, allows.

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

    (3)     As soon as practicable after the Minister receives the request, the Minister must, by written notice given to the person who made the request, acknowledge receipt of the request.

    (4)     The Minister must, within 45 days after receiving the request, reconsider the reviewable delegated decision, and may make a decision

        (a)     in substitution for the reviewable delegated decision, whether in the same terms as the reviewable delegated decision or not; or

        (b)     revoking the reviewable delegated decision.

    (5)     If, as a result of a reconsideration under subsection (4), the Minister makes a decision in substitution for or revoking a reviewable delegated decision, the Minister must, by written notice given to the person who made the request under subsection (1) for the reconsideration—

        (a)     inform the person of the result of the reconsideration; and

        (b)     give reasons for the decision made as the result of the reconsideration.

    (6)     If a person makes a reviewable delegated decision and gives to a person affected by the decision written notice of the decision, that notice must include a statement 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 by the Minister in accordance with this section; and

        (b)     may, subject to the Victorian Civil and Administrative Tribunal Act 1998 , if the person is dissatisfied with a decision made on that reconsideration, make application to VCAT for review of that decision.

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



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