Commonwealth Consolidated Acts

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DATA AVAILABILITY AND TRANSPARENCY ACT 2022 - SECT 120

Reconsideration by reviewer

  (1)   If a person applies under subsection   119(1) to the reviewer for a reviewable decision for reconsideration of the decision, the reviewer must reconsider the decision and do any of the following:

  (a)   affirm the decision;

  (b)   vary the decision;

  (c)   revoke the decision and substitute a new decision.

  (2)   The reviewer's decision on reconsideration of a decision has effect as if it had been made under the provision under which the original decision was made.

  (3)   The reviewer must give the applicant a written notice stating the reviewer's decision on the reconsideration.

  (4)   Within 28 days after making the decision on the reconsideration, the reviewer must give the applicant a written statement of the reviewer's reasons for the decision.

  (5)   If the reviewer's functions under this section are performed by a delegate of the reviewer, the delegate who reconsiders the reviewable decision:

  (a)   must not have been involved in making the reviewable decision; and

  (b)   must hold a position, or perform duties, of at least the same level as the delegate who made the reviewable decision.

Note:   The Commissioner may delegate functions and powers to members of staff (see section   50). The Minister may delegate functions and powers to the Commissioner (see section   137A).



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