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

NARCOTIC DRUGS ACT 1967 - SECT 15J

  (1)   After a decision on review is made under section   15H, the person who made the decision on review must give the applicant a written notice containing:

  (a)   the terms of the decision; and

  (b)   subject to subsection   ( 4)-- the reasons for the decision; and

  (c)   notice of the applicant's right to have the decision reviewed by the Administrative Appeals Tribunal.

Deemed affirmation--failure to give notice

  (2)   For the purposes of section   15L (review by the AAT), the Minister is taken to have affirmed a reviewable decision if the applicant does not receive notice of a decision on review within 60 days after the application for review was made.

Time does not run while further information being sought

  (3)   If the Minister or the internal reviewer has given a notice under section   15K requiring further information about an application for review, a day is not to be counted for the purposes of subsection   ( 2) if it is:

  (a)   on or after the date of the notice; and

  (b)   on or before the day the Minister or the internal reviewer notifies the applicant that the further information provided satisfies the requirement.

  (4)   If subsection   ( 1) requires a notice to be given stating the reasons for a decision on review as mentioned in paragraph   ( 1)(b), the Minister or internal reviewer:

  (a)   must not disclose information identified as sensitive law enforcement information under subsection   14LA(1) or (2) in the notice; and

  (b)   if the Minister or internal reviewer relies upon such information in making the decision on review--must, in the case of information identified under subsection   14LA(1), consult the giver of the information before giving the notice.