Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 77

Reasons and documents

  (1)   Sections   23 (decision - maker must give Tribunal reasons and documents--general rule) and 268 (requesting reasons for reviewable decision from decision - maker) of the Administrative Review Tribunal Act 2024 do not apply in relation to a decision to which an application under subsection   76(1) relates.

Note:   Under subsection   76(4), an application under subsection   76(1) may be taken to also relate to a later decision.

Notification of application

  (2)   The Director of Human Biosecurity must be notified under section   21 of the Administrative Review Tribunal Act 2024 of an application for review of a decision referred to in subsection   76(1) of this Act as soon as possible after the application is received by the Administrative Review Tribunal.

Notification of later decision

  (3)   The Director of Human Biosecurity must notify the Administrative Review Tribunal as soon as practicable after making a later decision referred to in paragraph   76(3)(b).

Requirement to lodge documents

  (4)   The Director of Human Biosecurity must lodge with the Administrative Review Tribunal and the individual to whom the direction is given:

  (a)   the reasons for a decision to which an application under subsection   76(1) relates; and

  (b)   every other document or part of a document that is:

  (i)   in the Director's possession or under his or her control; and

  (ii)   relevant to the review of the decision by the Tribunal.

  (5)   Reasons and documents, or parts of documents, must be lodged under subsection   (4):

  (a)   as soon as possible after the following time (as the case requires):

  (i)   the time when the Director of Human Biosecurity is notified of an application for review of a decision referred to in subsection   76(1);

  (ii)   the time when the Director of Human Biosecurity makes a later decision referred to in paragraph   76(3)(b); and

  (b)   in any case:

  (i)   before the end of the second business day after that time; or

  (ii)   within any further period as the Tribunal determines (whether orally or in writing).



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