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COMPETITION AND CONSUMER ACT 2010 - SECT 44LK

Review of decision to revoke or not revoke an ineligibility decision

Application for review

             (1)  A person whose interests are affected by a decision of the designated Minister under subsection 44LI(3) may apply in writing to the Tribunal for a review of the decision.

             (2)  An application for review must be made within 21 days after publication of the designated Minister's decision.

             (3)  The review by the Tribunal is a reconsideration of the matter based on the information, reports and things referred to in section 44ZZOAA.

Note:          There are limits on the information to which the Tribunal may have regard (see section 44ZZOAA) and time limits that apply to the Tribunal's decision on the review (see section 44ZZOA).

             (4)  For the purposes of the review, the Tribunal has the same powers as the designated Minister.

Council to give assistance

             (5)  The member of the Tribunal presiding at the review may require the Council to give assistance for the purposes of the review.

             (6)  Without limiting subsection (5), the member may, by written notice, require the Council to give information, and to make reports, of a kind specified in the notice, within the period specified in the notice, for the purposes of the review.

             (7)  The Tribunal must:

                     (a)  give a copy of the notice to:

                              (i)  the person who applied for review; and

                             (ii)  the person who is, or expects to be, the provider of the service; and

                            (iii)  any other person who has been made a party to the proceedings for review by the Tribunal; and

                     (b)  publish, by electronic or other means, the notice.

Tribunal's decision

             (8)  If the designated Minister decided to revoke his or her decision (the ineligibility decision ) that the service is ineligible to be a declared service, the Tribunal may either:

                     (a)  affirm the designated Minister's decision; or

                     (b)  set aside the designated Minister's decision to revoke the ineligibility decision.

             (9)  If the designated Minister decided not to revoke his or her ineligibility decision, the Tribunal may either:

                     (a)  affirm the designated Minister's decision; or

                     (b)  set aside the designated Minister's decision and revoke the ineligibility decision.

Effect of Tribunal's decision

           (10)  If the Tribunal sets aside the designated Minister's decision to revoke his or her ineligibility decision, the ineligibility decision is taken never to have been revoked.

           (11)  If the Tribunal sets aside the designated Minister's decision and revokes the ineligibility decision, the Tribunal's decision is, for the purposes of this Part other than this section, taken to be a decision by the Minister to revoke his or her decision that the service is ineligible to be a declared service.



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