13 A prescribed
provision of
the regulations
A person prescribed by the regulations as eligible to apply for review of the
reviewable decision.
(2) Unless the contrary intention appears, a reference in this Part to a decision includes a
reference to:
(a) making, suspending, revoking or refusing to make an order, determination or
decision,
(b) giving, suspending, revoking or refusing to give a direction, approval, consent
or permission,
(c) issuing, suspending, revoking or refusing to issue an authorisation,
(d) imposing a condition,
(e) making a declaration, demand or requirement,
(f) retaining, or refusing to deliver up, a thing, or
(g) doing or refusing to do any other act or thing.
(3) In this section
"person entitled"
to a thing means the person from whom it was seized
unless that person is not entitled to possess it, in which case it means the owner of the thing.
Decisions under the regulations that will be reviewable decisions will be set out in the regulations.
Division 2
–
Internal review
224 Application for internal review
(1) An eligible person in relation to a reviewable decision, other than a decision made by
the regulator or a delegate of the regulator, may apply to the regulator for review (an
"internal review"
) of the decision within:
(a) the prescribed time after the day on which the decision first came to the eligible
person's notice, or
(b) such longer period as the regulator allows.
(2) The application must be made in the manner and form required by the regulator.
(3) For the purposes of this section, the
"prescribed time"
is:
(a) in the case of a decision to issue an improvement notice the period specified in
the notice for compliance with the notice or 14 days, whichever is the lesser, and
(b) in any other case, 14 days.
225 Internal reviewer
(1) The regulator may appoint a person or body to review decisions on applications under
this Division.
(2) The person who made the decision cannot be an internal reviewer in relation to that
decision.
226 Decision of internal reviewer
(1) The internal reviewer must review the reviewable decision and make a decision as soon
as is reasonably practicable and within 14 days after the application for internal review is
received.
(2) The decision may be:
(a) to confirm or vary the reviewable decision, or
(b) to set aside the reviewable decision and substitute another decision that the
internal reviewer considers appropriate.
(3) If the internal reviewer seeks further information from the applicant, the 14-day period
ceases to run until the applicant provides the information to the internal reviewer.
(4) The applicant must provide the further information within the time (being not less than
7 days) specified by the internal reviewer in the request for information.
(5) If the applicant does not provide the further information within the required time, the
decision is taken to have been confirmed by the internal reviewer at the end of that time.
