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Wheat Export Marketing Bill 2008

Part 6 Review of decisions

   

67   Simplified outline

                   The following is a simplified outline of this Part:

•      Decisions of WEA under the wheat export accreditation scheme may be reviewed by the Administrative Appeals Tribunal following a process of internal reconsideration by WEA.

68   Decisions that may be subject to reconsideration by WEA

                   An application may be made to WEA for reconsideration of a decision made by WEA under the wheat export accreditation scheme.

69   Applications for reconsideration of decisions

             (1)  A person affected by a decision of a kind referred to in section 68 who is dissatisfied with the decision may apply to WEA for WEA to reconsider the decision.

             (2)  The application must:

                     (a)  be in a form approved in writing by WEA; and

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

                     (c)  be accompanied by the fee (if any) specified in a legislative instrument made by WEA.

             (3)  The application must be made within:

                     (a)  28 days after the applicant is informed of the decision; or

                     (b)  if, either before or after the end of that period of 28 days, WEA extends the period within which the application may be made—the extended period.

             (4)  An approved form of an application may provide for verification by statutory declaration of statements in applications.

             (5)  A fee specified under paragraph (2)(c) must not be such as to amount to taxation.

70   Reconsideration by WEA

             (1)  Upon receiving such an application, WEA must:

                     (a)  reconsider the decision; and

                     (b)  affirm, vary or revoke the decision.

             (2)  When reconsidering a decision, WEA must not consider information provided by the applicant unless:

                     (a)  the information was before WEA when it made the decision; or

                     (b)  WEA is satisfied that there are special circumstances.

             (3)  WEA’s decision on reconsideration of a decision has effect as if it had been made under the provision of the wheat export accreditation scheme under which the original decision was made.

             (4)  WEA must give to the applicant a written notice stating its decision on the reconsideration.

             (5)  Within 28 days after making its decision on the reconsideration, WEA must give the applicant a written statement of its reasons for its decision.

71   Deadline for reconsideration

             (1)  WEA must make its decision on reconsideration of a decision within 30 days after receiving an application for reconsideration.

             (2)  WEA is taken, for the purposes of this Part, to have made a decision affirming the original decision if it has not informed the applicant of its decision on the reconsideration before the end of the period of 30 days.

72   Review by the Administrative Appeals Tribunal

                   Applications may be made to the Administrative Appeals Tribunal to review a decision of a kind referred to in section 68 if WEA has affirmed or varied the decision under section 70.