Commonwealth Consolidated Acts

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - SECT 40

             (1)  An eligible person in relation to a licence decision may request that the Minister reconsider the licence decision.

             (2)  The request must be:

                     (a)  in writing; and

                     (b)  given to Minister within 90 days of the making of the licence decision.

             (3)  The Minister must reconsider the licence decision and confirm, vary or set aside the licence decision.

Note:          Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person's review rights.

             (4)  The Minister is taken to have confirmed the licence decision under subsection (3) if the Minister does not give written notice of the Minister's decision under that subsection within 60 days of the request.

             (5)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Minister under subsection (3) to confirm, vary or set aside the licence decision.

             (6)  For the purposes of this section:

"licence decision" means any of the following decisions of the CEO:

                     (a)  to refuse to grant a licence;

                     (b)  to impose conditions on a licence;

                     (c)  to suspend a licence;

                     (d)  to cancel a licence;

                     (e)  to amend a licence;

                      (f)  not to approve the surrender of a licence.

"eligible person" , in relation to a licence decision, means:

                     (a)  in relation to a decision to refuse to grant a licence--the person who applied for the licence; and

                     (b)  in relation to any other licence decision--the licence holder.