(1) This section applies if—
(a) an objector is dissatisfied with the Secretary's decision on the objector's objection; or
(b) 90 days (not including any period of suspension under Division 3) have passed since an objector's objection was received by the Secretary and the Secretary has not decided the objection.
(2) The objector may apply to VCAT for review of—
(a) the Secretary's decision on the objector's objection; or
(b) the Secretary's failure to decide the objector's objection within 90 days (not including any period of suspension under Division 3) after the Secretary received the objection.
(3) An application under this section—
(a) in the circumstances referred to in subsection (2)(a), must be made within 60 days after the day the objector was given notice of the Secretary's decision on the objection; or
(b) in the circumstances referred to in subsection (2)(b), may be made at any time after the 90 day period (not including any period of suspension under Division 3).