Commonwealth Consolidated Acts

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CIVIL AVIATION ACT 1988 - SECT 31

Review of decisions

             (1)  In this section:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

"reviewable decision" means:

                     (a)  a refusal to grant or issue, or a cancellation, suspension or variation of, a certificate, permission, permit or licence granted or issued under this Act or the regulations; or

                     (b)  the imposition or variation of a condition, or the cancellation, suspension or variation of an authorisation, contained in such a certificate, permission, permit or licence; or

                     (c)  a decision under subsection 30EF(3) (about reinstating a civil aviation authorisation that has been suspended or cancelled under Division 3D);

but does not include:

                     (d)  a suspension of a civil aviation authorisation under section 30DC (suspension for contravening the serious and imminent risk prohibition); or

                     (e)  a suspension or cancellation of a civil aviation authorisation under Division 3D (the demerit points scheme).

             (2)  Application may be made to the Administrative Appeals Tribunal for review of a reviewable decision.

             (3)  Where the person making a reviewable decision gives to the person whose interests are affected by the decision notice in writing of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision.

             (4)  A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.



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