NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 22 Review of decisions
NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 22
Review of decisions(a) the Minister makes a decision refusing to grant a permit or a decision under subsection 18(1) refusing to grant an authority;
(b) a condition on the grant of a permit or of an authority under section 18 requires the approval or consent of a person specified in the permit or authority in respect of the doing of an act or thing and the person makes a decision refusing to give such an approval or consent;
(c) the Minister makes a decision varying a permit or a decision under subsection 18(7) varying an authority;
(d) the Director makes a decision not to include, in a report in relation to an application for a permit or authority, a statement of the kind referred to in paragraph 14(a) or (b) or section 15 or in subsection 16A(1) , 16B(1) or 18(2) , as the case requires; or
(e) the Minister makes a decision under subsection 19(1) revoking a permit or authority;
the person making the decision shall, not later than 30 days after the day on which the decision is made, give notice in writing of the decision and of the grounds for the decision to:
(f) in a case to which paragraph ( a) applies--the person who applied for the grant of the permit or authority;
(g) in a case to which paragraph ( b) or (c) applies--the holder of the permit or authority;
(h) in a case to which paragraph ( d) applies--the person who applied for the grant of the permit or authority; or
(j) in a case to which paragraph ( e) applies--the holder of the permit or authority.
(2) A notice referred to in subsection ( 1) shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 and to subsection ( 8) of this section, 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.
(3) A failure to comply with the requirements of subsection ( 2) in relation to a decision shall not be taken to affect the validity of the decision.
(4) Subject to subsection ( 8), an application may be made to the Administrative Appeals Tribunal for review of:
(a) a decision of a kind referred to in subsection ( 1);
(b) a decision by the Minister imposing a condition or restriction on the grant of a permit;
(c) a decision by the Minister, pursuant to subsection 18(3), imposing a restriction or condition on the grant of an authority; or
(d) a decision by the Minister, pursuant to section 73, giving directions to be complied with by the holder of a permit or authority.
(5) The Minister may certify, in writing, that in his or her opinion it is in the public interest that responsibility for a decision of a kind referred to in subsection ( 1) or in paragraph ( 4)(b), (c) or (d) (whether a decision of the Minister or of another person) that is specified in the certificate should reside solely with the Minister and that the decision should not be reviewable by the Administrative Appeals Tribunal.
(6) Where the Minister issues a certificate under subsection ( 5), the Minister shall include in the certificate a statement of the grounds on which the certificate is issued.
(7) Where the Minister issues a certificate under subsection ( 5) in relation to a decision, the Minister shall give notice in writing of the issuing of the certificate to:
(a) in a case where the decision is a decision of a kind referred to in subsection ( 1)--the person to whom notice of the making of the decision is required to be given in accordance with subsection ( 1); or
(b) in a case where the decision is a decision of a kind referred to in paragraph ( 4)(b), (c) or (d)--the holder of the permit or authority, as the case requires.
(8) While a certificate under subsection ( 5) is in force in relation to a decision, subsection ( 4) does not apply in relation to the decision.
(9) The Minister shall cause a copy of a certificate issued under subsection ( 5) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which a certificate is issued.
(10) In this section, decision has the same meaning as it has in
the Administrative Appeals Tribunal Act 1975 .