Commonwealth Consolidated Acts

EXPORT CONTROL ACT 2020 - SECT 383

Application for review

  (1)   A relevant person for a reviewable decision may apply to the Secretary for review of the decision, unless the decision was made by the Secretary personally.

Note:   See section   385 for review of a decision made personally.

  (2)   An application for review must:

  (a)   be in writing; and

  (b)   set out the reasons for the application; and

  (c)   be made within:

  (i)   30 days after the day the reviewable decision first came to the notice of the applicant; or

  (ii)   if the Secretary allows a longer period (whether before or after the end of the 30 - day period referred to in subparagraph   (i))--that longer period.

Note:   Under section   384, the Secretary may require further information in relation to an application.

Review of decision

  (3)   On receiving an application, the Secretary must either:

  (a)   review the reviewable decision personally; or

  (b)   cause the reviewable decision to be reviewed by a person (the internal reviewer ) who:

  (i)   is a person to whom the Secretary's power to review the decision has been delegated; and

  (ii)   was not involved in making the decision; and

  (iii)   occupies a position senior to the person who actually made the decision.

  (4)   The Secretary or the internal reviewer may:

  (a)   affirm, vary or set aside the reviewable decision; and

  (b)   if the Secretary or the internal reviewer sets aside the reviewable decision--make such other decision as the Secretary or the internal reviewer thinks appropriate.

Note:   The rules may prescribe modifications of this subsection in its application in relation to reviewable decisions relating to tariff rate quota entitlements (see section   386).

  (5)   The decision (the decision on review ) of the Secretary or the internal reviewer takes effect:

  (a)   on the day specified in the decision on review; or

  (b)   if a day is not specified--on the day the decision on review was made.

Notice of decision

  (6)   After the Secretary or the internal reviewer makes a decision under this section, the Secretary or the internal reviewer must give the applicant a written notice stating the following:

  (a)   the terms of the decision;

  (b)   the reasons for the decision;

  (c)   information about the applicant's right to have the decision reviewed by the Administrative Review Tribunal.

However, a failure to comply with this subsection does not affect the validity of the decision.

Failure to give notice

  (7)   For the purposes of section   385 (review by the Administrative Review Tribunal), the Secretary is taken to have affirmed a reviewable decision if the applicant does not receive notice of the decision on review (if any) within 90 days after the application for review was made.