Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section:
"reviewable decision" means any of the following decisions:
(aaa) a decision under section 7A that applies to a particular person;
(a) a declaration under subsection 12(2);
(aa) a declaration under subsection 12A(1) or 12B(2);
(b) a declaration under subsection 14(5);
(c) a declaration under subsection 15(4);
(ca) a determination under subsection 16C(2);
(cb) a variation or revocation, under subsection 16C(3), of a determination under subsection 16C(2);
(cc) a decision under section 16E;
(cd) a refusal to give an approval under subsection 16L(3) or 16Q(3);
(ce) a decision under subsection 16R(2) to give a notice;
(cf) a determination of an amendment, or a refusal to approve an amendment, under subsection 16R(4);
(cg) a refusal to give an approval under subsection 16U(3);
(ch) a decision under subsection 16V(2) to give a notice;
(ci) a refusal to approve consequential amendments under subsection 16V(4);
(cj) a determination of consequential amendments under subsection 16V(5);
(ck) a refusal to register a company under section 21;
(d) a decision under subsection 22(1);
(e) a decision to vary a condition under subsection 22(3) or (4);
(f) a refusal to revoke or vary a condition under subsection 22(4);
(g) a decision to revoke registration under subsection 26(1);
(ga) a refusal to revoke the registration of a company under section 27;
(gaa) a decision to give a direction under subsection 27A(1);
(gab) a refusal to approve a proposed assignment under subsection 27A(4);
(gac) a decision to impose conditions on an approval under subsection 27A(4);
(gb) a refusal of an application for registration of a body corporate under section 28A;
(gc) a decision to impose conditions, or additional conditions, on a NOHC registration;
(gd) a decision to vary conditions imposed on a NOHC registration;
(ge) a decision to revoke under section 28C a NOHC registration;
(gf) a decision to give a notice under subsection 28AA(2);
(h) a refusal to give an approval under paragraph 31(c);
(ha) a refusal to give an approval under subsection 40(1);
(hb) a decision to impose conditions on an approval granted under subsection 40(1);
(hc) a refusal to give an approval under paragraph 43(3)(c);
(hca) a refusal to give an approval under subsection 43A(2);
(hd) a refusal to give an approval under paragraph 48(8)(b);
(k) a refusal to give an approval under prudential standards referred to in section 52;
(l) a refusal to give an approval under prudential standards referred to in section 53;
(la) a refusal to give an approval under paragraph 62(1)(c);
(m) a refusal to give an approval under subsection 62(4);
(n) a refusal to give an approval under subsection 63(2);
(o) a refusal to give an approval under paragraph 76A(1)(b);
(p) a decision to give an approval under paragraph 76A(1)(b) subject to conditions;
(u) a refusal to give an approval under subsection 77(6);
(v) a decision under section 86 to make a declaration that a person is ineligible to hold an appointment as an auditor of a life company;
(w) a decision under section 94A to make a declaration that a person is ineligible to hold an appointment as actuary of a life company;
(za) a decision to give a direction under section 125A;
(zh) a requirement under subsection 131(1);
(zi) a requirement under subsection 132(1);
(zn) a direction under subsection 198(3);
(zna) a refusal under section 208 to suspend or vary a life company's obligation to make payments;
(zo) a decision under subsection 216(10);
(zp) a decision under section 230A to make, vary or revoke a standard referred to in paragraph 230A(1)(c);
(zq) a decision to give a direction under section 230B as a result of the ground referred to in paragraph 230B(1)(a), (b), (c) or (d);
(zr) a decision to give a direction under subsection 230B(1AA) as a result of the ground referred to in paragraph 230B(1AA)(a), (b) or (c);
(zs) a decision to give a direction under subsection 230B(1AC) as a result of the ground referred to in paragraph 230B(1AC)(a) or (b), to the extent that the paragraph relates to a ground referred to in paragraph 230B(1AA)(a), (b) or (c);
(zt) a decision that:
(i) is made under the regulations; and
(ii) is prescribed by the regulations for the purposes of this subparagraph.
(2) A person affected by a reviewable decision may request the Regulator to reconsider the decision.
(3) The request must be made by written notice given to the Regulator 21 days after the person first receives notice of the decision, or within such further period as the Regulator allows.
(4) The request must set out the reasons for making the request.
(5) On receipt of the request, the Regulator must reconsider the decision and may, subject to subsection (6), confirm or revoke the decision or vary the decision in such manner as the Regulator thinks fit.
(6) If the Regulator does not confirm, revoke or vary a decision within 60 days after the Regulator received the request under subsection (2) to reconsider the decision, the Regulator is taken to have confirmed the decision under subsection (5) on the last day of that period.
(7) If the Regulator confirms, revokes or varies a decision before the end of the period referred to in subsection (6), the Regulator must give written notice to the person telling the person:
(a) the result of the reconsideration of the decision; and
(b) the reasons for confirming, revoking or varying the decision, as the case may be.
(8) Application may be made to the Administrative Review Tribunal for review of a decision of the Regulator that has been confirmed or varied under subsection (5).
(9) If a decision is taken to be confirmed because of subsection (6), then (despite section 18 of the Administrative Review Tribunal Act 2024 ) an application for review of the decision must be made within the period:
(a) beginning on the day on which the decision is taken to be confirmed; and
(b) ending 28 days after the day on which the decision is taken to be confirmed.
(10) If a request is made under subsection (3) in respect of a reviewable decision, section 32 of the Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal for a review of that decision.