NARCOTIC DRUGS ACT 1967 - SECT 15H Internal review of reviewable decisions--review of decision

NARCOTIC DRUGS ACT 1967 - SECT 15H

  (1)   On receiving an application for review of a reviewable decision, the Minister must either:

  (a)   review the reviewable decision personally; or

  (b)   cause the reviewable decision to be reviewed by a person (the internal reviewer ) who:

  (i)   is a person to whom the Minister's power to review the decision has been delegated; and

  (ii)   was not involved in making the decision; and

  (iii)   occupies a position at least as senior as the person who actually made the decision.

  (2)   In reviewing the reviewable decision:

  (a)   the Minister or the internal reviewer must take into account any information included in the application for review; and

  (b)   the Minister or the internal reviewer must not take into account any other information provided by, or on behalf of, the applicant after the making of the application, other than information provided in response to a notice under section   15K.

  (3)   Paragraph   ( 2)(b) does not otherwise limit the information the Minister or the internal reviewer may take into account in reviewing the reviewable decision.

  (4)   The Minister or the internal reviewer may:

  (a)   affirm, vary or set aside the reviewable decision; and

  (b)   if he or she sets aside the reviewable decision--make such other decision as he or she thinks appropriate.

  (5)   The decision (the decision on review ) of the Minister or the internal reviewer takes effect:

  (a)   on the day specified in the decision on review; or

  (b)   if a day is not specified--on the day the decision on review was made.