Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An affected person in relation to a reviewable decision may request that the Regulator reconsider the decision. The following table sets out the reviewable decisions and, for each decision, sets out the provision under which it is made and the affected person in relation to it.
Table of reviewable decisions | |||
Item | For a decision ... | made under ... | the affected person is ... |
1 | to refuse to register a person | section 11 | the person. |
1A | in relation to an application under section 12A (about provisional accreditation of power stations) | section 12B | the applicant. |
2 | in relation to an application for accreditation of a power station | section 14 | the applicant for accreditation. |
3 | to refuse to accredit a power station | section 15 | the applicant for accreditation. |
3A | to amend, or to refuse to amend, an electricity generation return | section 20A | the nominated person for the accredited power station concerned. |
4 | not to register a certificate | section 26 | the person who created the certificate. |
5 | to suspend a person's registration | the registered person. | |
5A | to refuse to approve a person as the nominated person for an accredited power station | section 30B | the person. |
5B | to vary, or to refuse to vary, a determination under paragraph 14(1)(a) | section 30C | the nominated person for the accredited power station concerned. |
5C | to suspend the accreditation of an accredited power station | the nominated person for the power station. | |
5D | to vary the 1997 eligible renewable power baseline for an accredited power station | section 30F | the nominated person for the power station. |
5DA | to vary the 2008 WCMG limit for an accredited power station | section 30G | the nominated person for the power station |
5DB | to refuse to determine an amount, or to determine an amount that is different from the proposed amount | the applicant for a determination. | |
5E | to amend, or to refuse to amend, an energy acquisition statement | the liable entity concerned. | |
5F | to amend, or to refuse to amend, an exemption certificate | section 46C | the person to whom the certificate is issued. |
6 | assessing penalty charge | section 102 | the liable entity that is liable to pay the penalty charge. |
7 | not to remit, or to remit only a part of, penalty charge | section 103 | the liable entity that is liable to pay the penalty charge. |
(2) The request must be:
(a) in writing; and
(b) given to the Regulator within 60 days of the making of the decision.
(3) The Regulator must reconsider the decision and confirm, vary or set aside the decision.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.
(4) The Regulator is taken to have confirmed the decision under subsection (3) if the Regulator does not give written notice of the Regulator's decision under that subsection within 60 days of the request.
(5) Applications may be made to the Administrative Review Tribunal for review of a decision of the Regulator under subsection (3) to confirm, vary or set aside the decision.