FISHERIES MANAGEMENT ACT 1991 - SECT 165 Reconsideration by AFMA and right to review by Administrative Appeals Tribunal

FISHERIES MANAGEMENT ACT 1991 - SECT 165

  (1)   In this section, unless the contrary intention appears:

"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

"relevant decision" means a decision of AFMA under subsection   4(2), 4(3), 22(5) or 26(2), section   31 (other than a decision following an auction or tender), paragraph   31B(1)(b), section   31C, subsection   31F(7), section   32 or 33, subsection   34(9), 38(1), (2) or (3), section   39, subsection   40(5) or (8) or section   91.

"reviewable decision" means a decision of AFMA under subsection   (5).

  (1A)   The first decision made by AFMA to register persons under subsection   26(2) in connection with the first plan of management determined by AFMA for the fishery known as the Northern Prawn Fishery or for the fishery known as the Southern Bluefin Tuna Fishery is not a relevant decision for the purposes of this section.

  (2)   A person affected by a relevant decision who is dissatisfied with the decision may:

  (a)   within 21 days after being notified of the decision; or

  (b)   within such further period (if any) as AFMA, upon application made under subsection   (3), by written notice to the person allows;

request AFMA, in writing, to reconsider the decision.

  (3)   A person, before the end of the period mentioned in paragraph   (2)(a), may apply to AFMA for an extension of time within which to request a reconsideration of the decision.

  (4)   The request must set out the reasons for making the request.

  (5)   AFMA must, within 45 days after receiving the request, reconsider the relevant decision and may make a decision:

  (a)   in substitution for the relevant decision whether in the same terms as the relevant decision or not; or

  (b)   revoking the relevant decision.

  (6)   Where, as a result of a reconsideration under subsection   (5), AFMA makes a decision in substitution for or revoking the relevant decision, AFMA must, by written notice given to the person who made the request under subsection   (2) for the reconsideration:

  (a)   inform the person of the result of the reconsideration; and

  (b)   give the reasons for the decision.

  (7)   An application may be made to the Administrative Appeals Tribunal for a review of a reviewable decision.

  (8)   An application made by a person to the Administrative Appeals Tribunal for a review of a reviewable decision where the primary decision was under subsection   26(2) must be lodged with that Tribunal within 14 days of giving the notice mentioned in subsection   (6).

  (9)   Section   37 of the Administrative Appeals Tribunal Act 1975 applies in respect of an application mentioned in subsection   (8) as if references in that section to 28 days were references to 14 days.

  (10)   The Administrative Appeals Tribunal must, as soon as practicable after the lodging of documents with that Tribunal under section   37 of the Administrative Appeals Tribunal Act 1975 , in relation to an application mentioned in subsection   (8) convene a directions hearing to determine a timetable for disposing of the matter.

  (11)   Where a relevant decision is made and the person who made the relevant decision gives to a person whose interests are affected by the decision written notice of the making of the decision, that notice must include a statement to the effect that a person affected by the decision:

  (a)   may, if the person is dissatisfied with the decision, seek a reconsideration of the decision by AFMA under subsection   (2); and

  (b)   may, subject to the Administrative Appeals Tribunal Act 1975 , if the person is dissatisfied with a decision of AFMA upon that reconsideration, make application to the Administrative Appeals Tribunal for review of that decision.

  (12)   Where AFMA makes a reviewable decision and gives to a person whose interests are affected by the decision written notice of the making of the decision, that notice must include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision.

  (13)   Any failure to comply with the requirements of subsection   (11) or (12) in relation to a decision does not affect the validity of the decision.