Commonwealth Consolidated Regulations

DAIRY ADJUSTMENT LEVY COLLECTION REGULATIONS 2000 - REG 19

(1)

A person may apply to the Secretary for review of a decision (the original decision ):

(a)

made by an authorised person to refuse to enter into an agreement under subregulation 11 (5); or

(b)

made by a delegate of the Secretary to refuse to make a refund of levy under subregulation 17 (3).

(2)

An application under subregulation (1) must:

(a)

be in writing; and

(b)

set out the reasons for making the application; and

(c)

be received at the office of the Secretary within 28 days after the day that the person received notice of the original decision.

Note    The Secretary's postal address is:
The Secretary
Agriculture, Fisheries and Forestry — Australia
Locked Bag 4488
KINGSTON ACT 2604.

(3)

The Secretary must, within 45 days after receiving an application under subregulation (1), reconsider the original decision and must make a decision:

(a)

in substitution for the original decision, whether in the same terms as the original decision or not; or

(b)

revoking the original decision; or

(c)

confirming the original decision.

(4)

If the Secretary makes a decision under subregulation (3) in substitution for, revoking or confirming an original decision, the Secretary must give to the applicant written notice of:

(a)

the Secretary's decision; and

(b)

the reasons for the decision.

(5)

A person may apply to the Administrative Appeals Tribunal for review of a decision of the Secretary:

(a)

to refuse to enter into an agreement under subregulation 11 (5); or

(b)

to refuse to make a refund of levy under subregulation 17 (3); or

(c)

in substitution for, revoking or confirming an original decision under subregulation (3).