Commonwealth Numbered Acts

RETIREMENT SAVINGS ACCOUNTS ACT 1997 No. 61, 1997 - SECT 189

Request for review

(1) A person who is affected by a reviewable decision of the Commissioner may,
if dissatisfied with the decision, request the Commissioner to reconsider the
decision.

How request must be made

(2) The request must be made by written notice given to the Commissioner
within the period of 21 days after the day on which the person first receives
notice of the decision, or within such further period as the Commissioner
allows.

Request must set out reasons

(3) The request must set out the reasons for making the request.

Commissioner to reconsider decision

(4) Upon receipt of the request, the Commissioner must reconsider the decision
and may, subject to subsection (5), confirm or revoke the decision or vary the
decision in such manner as the Commissioner thinks fit.

Deemed confirmation of decision if delay

(5) If the Commissioner does not confirm, revoke or vary a decision before the
end of the period of 60 days after the day on which the Commissioner received
the request under subsection (1) to reconsider the decision, the Commissioner
is taken, at the end of that period, to have confirmed the decision under
subsection (4).

Notice of Commissioner's action

(6) If the Commissioner confirms, revokes or varies a decision before the end
of the period referred to in subsection (5), the Commissioner must give
written notice to the person telling the person:

   (a)  the result of the reconsideration of the decision; and

   (b)  the reasons for confirming, varying or revoking the decision, as the
        case may be.

AAT review of Commissioner's decisions

(7) Applications may be made to the Administrative Appeals Tribunal for review
of decisions of the Commissioner that have been confirmed or varied under
subsection (4).

Period for making certain AAT applications

(8) If a decision is taken to be confirmed because of subsection (5), section
29 of the Administrative Appeals Tribunal Act 1975 applies as if the
prescribed time for making application for review of the decision were the
period of 28 days beginning on the day on which the decision is taken to be
confirmed.

Section 41 of AAT Act

(9) If a request is made under subsection (1) in respect of a reviewable
decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies
as if the making of the request were the making of an application to the
Administrative Appeals Tribunal for a review of that decision.