Western Australian Current Acts Western Australian Current Acts (1) In this section
—
defined period means —
(a) in
relation to a decision by the CEO to issue a negative notice to a person
— 28 days after the date of the negative notice; or
(b) in
relation to a decision by the CEO not to grant an application for a negative
notice issued to a person to be cancelled — 28 days after the date of
the notice given to the person under section 19(10); or
(c) in
relation to a decision by the CEO to refuse to cancel a negative notice and
substitute the correct notice — 28 days after the date the CEO refuses
to cancel the negative notice and substitute the correct notice.
(2) Subject to
subsection (3A), a person may apply to the State Administrative Tribunal
within the defined period for a review of a decision by the CEO —
(a) to
issue a negative notice to the person; or
(b) not
to grant an application for a negative notice issued to the person to be
cancelled.
(3A) If a person has
not made a submission to the CEO under section 13(1)(c) after having been
invited to do so by the CEO, the person cannot make an application under
subsection (2)(a) without the leave of the Tribunal.
(3B) A person may
apply to the State Administrative Tribunal within the defined period for a
review of a decision by the CEO to refuse to cancel a negative notice and
substitute the correct notice under section 20(2) if the person —
(a) has
been refused leave under subsection (3A); and
(b) has
subsequently made a submission to the CEO under section 13(1)(c) having been
invited to do so by the CEO.
(3) A decision that is
the subject of an application under subsection (2) or (3B) continues to have
effect pending the outcome of the review, unless the State Administrative
Tribunal orders otherwise.
(4) A decision by the
State Administrative Tribunal under the State Administrative Tribunal Act
2004 section 29 so as to provide for the issue of an assessment notice —
(a) has
effect as a decision of the CEO from the date of the Tribunal’s
decision; and
(b) does
not affect the operation of any other provision of this Act as it applies
before the date of the Tribunal’s decision.
[Section 26 amended: No. 7 of 2010 s. 14; No. 47
of 2022 s. 23.]