Commonwealth Consolidated Acts

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AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - SECT 42

Review of decisions to give directions

             (1)  A controlled person to whom a direction is given under section 41 may request that the Minister reconsider the decision to give the direction.

             (2)  The request must be:

                     (a)  in writing; and

                     (b)  given to Minister within 90 days of the giving of the direction.

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



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