Commonwealth Consolidated Acts

IMPORTED FOOD CONTROL ACT 1992 - SECT 42

             (1)  In this section:

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

"initial decision" has the meaning given in subsection (2).

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

             (2)  Subject to subsection (3), initial decision means:

                     (a)  a decision under section 12 to issue a food control certificate that states that the food to which the certificate relates is required to be inspected, or inspected and analysed; or

                     (b)  a decision under subsection 14(1) to issue an imported food inspection advice identifying food (other than food that is or may be the subject of an application for a further imported food advice) as failing food and specifying the manner of dealing with that food; or

                     (c)  a decision under subsection 14(6) refusing an application for a further imported food inspection advice; or

                     (d)  a decision under subsection 14(6) to issue a further imported food inspection advice identifying food as failing food and specifying the manner of dealing with that food; or

                     (e)  a decision made by the Secretary to revoke a determination under subsection 19(3); or

                      (f)  a decision by the Secretary under subsection 20(13) to direct that food control certificates should not be issued to a person who has failed to comply with a notice under subsection 20(2), (3) or (4); or

                     (g)  a decision by the Secretary under subsection 36(8) to direct that documentation not be issued in respect of food imported by a person who has failed to pay fees to the Commonwealth; or

                     (h)  a decision of the Secretary under subsection 39(1).

             (3)  If food to which an initial decision relates has been subjected to analysis to determine if it either:

                     (a)  meets applicable standards; or

                     (b)  poses a risk to human health;

the results of such analysis are not reviewable by the Administrative Appeals Tribunal.

             (4)  A person affected by an initial decision may give written notice to the Secretary, within 28 days after notification of that decision, requesting the Secretary to reconsider the decision.

             (5)  As soon as practicable after receiving a request under subsection (4), the Secretary must reconsider the initial decision to which the request related and, as a result of that reconsideration:

                     (a)  confirm the initial decision; or

                     (b)  revoke the initial decision; or

                     (c)  vary the initial decision by revoking it and making a decision in substitution of the initial decision.

             (6)  If the Secretary does not confirm, revoke or vary a decision within 28 days after the Secretary received a request, the Secretary is taken to have confirmed the initial decision.

             (7)  If, under subsection (4), a request is made for the reconsideration of a decision, the operation of that decision is stayed pending the outcome of the reconsideration.

             (8)  If written notice of the making of an initial decision with respect to that food is given, the notice is to include a statement to the effect that a person affected by the decision may:

                     (a)  seek a reconsideration of the initial decision under this section; and

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

             (9)  After reconsideration of an initial decision, the Secretary must give the applicant for reconsideration written notice:

                     (a)  stating the result for the reconsideration; and

                     (b)  informing the applicant that:

                              (i)  except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the applicant may apply for a statement setting out the reasons for the decision on reconsideration; and

                             (ii)  the applicant may, subject to that Act, make an application to the Administrative Appeals Tribunal for review of that decision.

           (10)  Any failure to comply with the requirements of subsection (8) or (9) in relation to a decision does not affect the validity of the decision.

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