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COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) ACT 2012 (NO. 55, 2012) - SECT 107 Review by the Administrative Appeals Tribunal

COASTAL TRADING (REVITALISING AUSTRALIAN SHIPPING) ACT 2012 (NO. 55, 2012) - SECT 107

Review by the Administrative Appeals Tribunal

             (1)  Applications may be made to the Administrative Appeals Tribunal for review of any of the following decisions:

                     (a)  a decision under section 11 refusing to exempt a particular vessel or a particular person from this Act;

                     (b)  a decision to grant an exemption under section 11 subject to conditions;

                     (c)  a decision under section 12 refusing to make a declaration in relation to a vessel;

                     (d)  a decision by the Minister to cancel a general licence under subsection 25(3);

                     (e)  a decision by the Minister to cancel a temporary licence under subsection 59(3).

             (2)  A person who made an application for a temporary licence under section 28 may apply to the Administrative Appeals Tribunal for review of a decision by the Minister to refuse the application under section 39.

             (3)  A person who applied for a variation of a temporary licence under section 51 may apply to the Administrative Appeals Tribunal for review of a decision by the Minister to refuse the application under section 58.

             (4)  The holder of a general licence who gave the Minister a notice in response to an application for a temporary licence may apply to the Administrative Appeals Tribunal for review of:

                     (a)  a decision by the Minister to grant the application under section 35; or

                     (b)  a decision by the Minister to have taken to have granted the application under section 36.

Note:          The decision under review continues to operate during the review process, see section 41 of the Administrative Appeals Tribunal Act 1975 .

             (5)  The holder of a general licence who gave the Minister a notice in response to an application for a variation of a temporary licence under section 51 may apply to the Administrative Appeals Tribunal for review of:

                     (a)  a decision by the Minister to grant the application under section 55; or

                     (b)  a decision by the Minister to have taken to have granted the application under section 56.

Note:          The decision under review continues to operate during the review process, see section 41 of the Administrative Appeals Tribunal Act 1975 .

             (6)  An application for review mentioned in subsection (2) or (3) must be made within 20 business days after the day the person is notified of the decision.

             (7)  An application for review mentioned in subsection (4) or (5) must be made within 20 business days after the day of the holder of the general licence is notified of the decision.

Note:          Other applications for review must be made within the time prescribed for the purposes of paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975 .