Victorian Numbered Regulations

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DANGEROUS GOODS (EXPLOSIVES) INTERIM REGULATIONS 2021 (SR NO 56 OF 2021) - REG 215

Application for internal review

    (1)     An eligible person may apply in writing to the Authority for a review of a reviewable decision set out in regulation 213.

    (2)     An application for a review must be made within—

        (a)     14 days after the day on which the decision first came to the applicant's notice; or

        (b)     such longer period as the Authority allows.

    (3)     If an application is made, the Authority must make a decision—

        (a)     to confirm the reviewable decision either on the basis—

              (i)     that it was made in accordance with the Act and these Regulations; or

              (ii)     that even though it was not made in accordance with the Act or these Regulations, the failure was not reasonably likely to have affected the outcome of the decision; or

        (b)     to set aside or vary the reviewable decision.

    (4)     The Authority must give a written notice to the applicant setting out—

        (a)     the Authority's decision and the reasons for the decision; and

        (b)     the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based.

    (5)     The Authority must give the notice—

        (a)     within 14 days after the application is made; or

        (b)     with the consent of the applicant, within a further period of up to 14 days.

    (6)     If the Authority does not notify an applicant of a decision in accordance with subregulation (5), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations.

    (7)     A review under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it.

Note

Section 20B of the Act provides a right to apply to the Tribunal for a review of a reviewable decision made by the Authority.



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