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DEFENCE ACT 1903 - SECT 115J

Notice before decision about authorisation

  (1)   The Minister must not make a decision covered by subsection   (5) in relation to an individual unless the Minister has given the individual written notice of the proposed decision.

  (2)   The notice must:

  (a)   state the proposed decision; and

  (b)   include the reasons for the proposed decision; and

  (c)   invite the individual to give to the Minister, within the period specified in the notice, a written statement relating to the proposed decision.

Note:   Section   115M deals with disclosing reasons for proposed decisions.

  (3)   The period specified in the notice must not be less than 14 days beginning on the day the notice is given to the individual.

  (4)   The Minister must, before making a decision covered by subsection   (5), consider any written statement that is given to the Minister within the period specified in the notice.

  (5)   The following decisions are covered by this subsection:

  (a)   a decision under section   115C to refuse to grant an individual an authorisation;

  (b)   a decision under section   115C to grant an individual a foreign work authorisation that is different from the authorisation requested;

  (c)   a decision under section   115C to grant an individual a foreign work authorisation subject to one or more conditions;

  (d)   a decision under subsection   115E(3) to cancel a foreign work authorisation;

  (e)   a decision under section   115F to suspend a foreign work authorisation;

  (f)   a decision under section   115G to vary a foreign work authorisation on the Minister's own initiative;

  (g)   a decision under section   115H to refuse to vary a foreign work authorisation;

  (h)   a decision under section   115H to vary a foreign work authorisation granted to an individual in a way that is different from the variation requested (including because one or more conditions for the authorisation are varied or imposed).

  (6)   This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with.



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