Commonwealth Consolidated Acts

FINANCIAL INSTITUTIONS SUPERVISORY LEVIES COLLECTION ACT 1998 - SECT 27

             (1)  A levy paying entity that is affected by a reviewable decision of the decision maker may, if dissatisfied with the decision, request the decision maker to reconsider the decision.

             (2)  The request must:

                     (a)  be made by notice given to the decision maker within:

                              (i)  the period of 21 days after the day on which the levy paying entity first receives notice of the decision; or

                             (ii)  the further period that the decision maker allows; and

                     (b)  set out the reasons for making the request.

             (3)  When the decision maker receives the request the decision maker must reconsider the decision.

             (4)  The decision maker may confirm or revoke the decision or vary the decision in the manner that the decision maker thinks fit. However, if the decision maker does not confirm, revoke or vary the decision within the period of 21 days after the day on which the decision maker received the request, the decision maker is taken to have confirmed the decision immediately after the end of that period.

             (5)  If the decision maker confirms, revokes or varies the decision during the period of 21 days after the day on which the decision maker received the request, the decision maker is to give a notice in writing to the levy paying entity that made the request. The notice must set out the result of the reconsideration of the decision and the reasons for confirming, varying or revoking the decision, as the case may be.

             (6)  Applications may be made to the Administrative Appeals Tribunal for review of:

                     (a)  decisions of the decision maker that have been confirmed or varied under subsection (4); and

                     (b)  decisions of the decision maker to revoke reviewable decisions.

             (7)  If a decision is taken to be confirmed under subsection (4), section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period commencing on the day on which the decision is taken to be confirmed and ending on the 28th day after that day.

             (8)  If a request is made under subsection (1) in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.

             (9)  The hearing of a proceeding relating to a reviewable decision is to take place in private and the Administrative Appeals Tribunal may, by order:

                     (a)  give directions as to the persons who may be present; and

                     (b)  give directions of a kind referred to in paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975 .

           (10)  In this section:

"decision maker" , in relation to a reviewable decision, means:

                     (a)  if the reviewable decision is a decision of APRA under section 12--APRA; or

                     (b)  if the reviewable decision is a decision of the Minister under section 22--the Minister.

"levy paying entity" means:

                     (a)  an entity that is a levy paying entity as defined in section 7; or

                     (b)  a trustee of a fund as defined in section 16.

"reviewable decision" means:

                     (a)  a decision of APRA under section 12; or

                     (b)  a decision of the Minister under section 22.