Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSections 25, 26 and 27 of the Principal Act are repealed and the following Part, heading and sections are substituted:
“ PART VII—ADMINISTRATIVE REVIEW
“29. Decisions subject to administrative review
This Part applies to the following decisions of the Commissioner:
(a) a decision under section 8 to refuse to approve a person as a pastoral finance company;
(b) a decision under section 8 to cancel the approval of a person as a pastoral finance company;
(c) a decision under section 12 to refuse to register a financial institution;
(d) a decision under section 12 to cancel the registration of a financial institution;
(e) a decision under section 13D to refuse to register a person as an agent of an interstate financial institution;
(f) a decision under section 13D to suspend the registration of a person as an agent of an interstate financial institution;
(g) a decision under section 13D to cancel the registration of a person as an agent of an interstate financial institution;
(h) a decision under section 13F to refuse to grant an approval to an interstate financial institution for the institution to furnish returns on behalf of an agent;
(i) a decision under section 13F to cancel an approval for an interstate financial institution to furnish returns on behalf of an agent;
(j) a decision under section 13G to issue a notice to an interstate financial institution requiring the institution to furnish returns on behalf of an agent;
(k) a decision under section 13G to refuse an application for the revocation of a notice requiring an interstate financial institution to furnish returns on behalf of an agent;
(l) a decision under section 13G to revoke a notice requiring an interstate financial institution to furnish returns on behalf of an agent;
(m) a decision under section 14 to refuse to certify a financial institution as a short-term dealer;
(n) a decision under section 14 to cancel the certification of a financial institution as a short-term dealer;
(o) a decision under section 16 to refuse to certify an account held by a short-term dealer as an exempt account;
(p) a decision under section 16B to cancel the certification of an account held by a short-term dealer as an exempt account;
(q) a decision under section 19 to refuse to certify an account as an exempt account;
(r) a decision under section 21 to cancel the certification of an account as an exempt account;
(s) a decision under section 26 to refuse to approve a person in relation to the exemption from section 24 of receipts referred to in paragraph 25 (1) (h);
(t) a decision under section 27 to suspend the approval of a person in relation to the exemption from section 24 of receipts referred to in paragraph 25 (1) (h);
(u) a decision under section 27 to cancel the approval of a person in relation to the exemption from section 24 of receipts referred to in paragraph 25 (1) (h) and to disqualify the person from holding such an approval for a specified period.
“30. Notice of decisions
“(1) The Commissioner shall give notice of a decision to which this Part applies to the following persons:
(a) in the case of a decision to refuse an approval, registration or certification—the applicant for the approval, registration or certification (as the case may be);
(b) in the case of a decision to cancel or suspend an approval, registration or certification—the holder of the approval, the registered person or the holder of the certificate (as the case may be);
(c) in the case of a decision under section 13F or 13G—the interstate financial institution and the agent concerned.
“(2) Where a decision to which this Part applies is made by a delegate of the Commissioner, the notice of the decision under subsection (1) shall include—
(a) a statement of the reasons for the decision;
(b) a statement to the effect that the recipient of the notice may object to the decision under section 31; and
(c) a statement of the requirements for making such an objection.
“(3) Where a decision to which this Part applies is made by the Commissioner personally (rather than by a delegate of the Commissioner), the notice of the decision under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .
“31. Objections
“(1) If a decision to which this Part applies is made by a delegate of the Commissioner, the person to whom notice of the decision is given under section 30 may object to the decision by written notice to the Commissioner.
“(2) An objection to a decision shall be made within 60 days after the notice of the decision is given, subject to section 32.
“(3) An objection shall be in writing setting out the grounds of objection.
“(4) Upon an objection being made in accordance with this section, the Commissioner, or a delegate of the Commissioner other than the delegate who made the original decision, shall, by written notice to the objector—
(a) allow the objection; or
(b) disallow the objection.
“(5) A notice under subsection (4) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .
“(6) Where a decision is made to allow an objection, the Commissioner shall take any action, including the repayment of an amount to the objector, that is necessary to give effect to the decision.
“32. Late objections
“(1) If the period within which an objection to a decision may be made under section 31 has ended, the person otherwise entitled to object to the decision may give the Commissioner—
(a) a written objection to the decision setting out the grounds of objection; and
(b) a written application to have the objection treated as being duly made under section 31, stating fully and in detail the circumstances concerning, and the reasons for, the person's failure to make the objection within the period of 60 days after notice of the objection was given.
“(2) On application under subsection (1), the Commissioner, or a delegate of the Commissioner other than the person who made the decision objected to, may—
(a) treat the objection as having been duly made; or
(b) refuse to consider the objection.
“(3) The Commissioner shall give written notice of a decision under subsection (2) to the applicant.
“(4) Notice of a decision under paragraph (2) (b) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .
“33. AAT review
Application may be made to the Administrative Appeals Tribunal for a review of any of the following decisions:
(a) a decision to which this Part applies made by the Commissioner personally (rather than by a delegate of the Commissioner);
(b) a decision under section 31 to disallow an objection;
(c) a decision under section 32 to refuse to consider a late objection.
“34. Effect of decision pending review
The fact that the consideration of an objection, review or appeal in relation to a decision to which this Part applies is pending—
(a) does not in the meantime interfere with or affect the decision to which the objection, review or appeal relates; and
(b) does not affect any action to recover an amount payable under this Act.
“35. Reduction of amounts payable
If, as a result of a decision on an objection, review or appeal for the purposes of this Part, an amount previously required to be paid to the Territory is reduced, or is not required to be paid, the amount by which it is reduced or the whole amount (as the case may be) shall be taken, for the purposes of this Act, never to have been payable.
“36. Effect of AAT decisions
“(1) Within 60 days after a decision by the Administrative Appeals Tribunal on an application made under this Part becomes final, the Commissioner shall take any action, including the repayment of an amount to the applicant, that is necessary to give effect to the decision.
“(2) If no appeal to a court from—
(a) the decision of the Administrative Appeals Tribunal; or
(b) the decision of the Supreme Court or the Federal Court in an appeal to that court in relation to the decision of the Tribunal;
is instituted within 30 days after the day on which the decision (or the later or latest of those decisions) is made, the decision of the Tribunal shall be taken, for the purposes of subsection (1), to have become final at the end of that period.
“ PART VIII—MISCELLANEOUS
“37. Conduct of directors, servants and agents
“(1) Where, for the purposes of this Act, it is necessary to establish the state of mind of a body corporate or a natural person in relation to particular conduct, it is sufficient to show—
(a) that a director, servant or agent of the body, or a servant or agent of the person, had that state of mind; and
(b) that the conduct was engaged in by that director, servant or agent within the scope of his or her actual or apparent authority.
“(2) A reference in subsection (1) to the state of mind of a body or person shall be read as including a reference to—
(a) the knowledge, intention, opinion, belief or purpose of the body or person; and
(b) the body's or person's reasons for the intention, opinion, belief or purpose.
“(3) Any conduct engaged in on behalf of a body corporate or a natural person by a director, servant or agent of the body, or a servant or agent of the person, within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body or person unless the body or person establishes that reasonable precautions were taken and due diligence was exercised to avoid the conduct.
“(4) Where—
(a) a natural person is convicted of an offence against this Act; and
(b) the person would not have been convicted of the offence if subsections (1) and (3) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
“(5) A reference in this section to a director of a body corporate is to be read as including a reference to a member of a body corporate incorporated for a public purpose by a law of the Territory, the Commonwealth, a State or another Territory.
“(6) A reference in this section to engaging in conduct is to be read as including a reference to failing or refusing to engage in conduct.
“38. Determination for the purposes of returns
“(1) The Minister may, by instrument, determine an amount for the purposes of the following provisions:
(a) subparagraphs 13 (2) (b) (ii) and (c) (ii);
(b) subparagraph 13E (2) (b) (ii);
(c) paragraph 23 (3) (b);
(d) subparagraph 28 (2) (b) (ii).
“(2) A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .”.