(1) If an application for review of the Secretary's assessment of the amount
of a security deposit that may be required for an authorisation is duly made,
the Minister is to review the Secretary's assessment.
(2) In conducting a
review, the Minister--
(a) must have regard to--
(i) submissions made by the
holder of the authorisation in relation to the assessment the subject of the
review, and
(ii) matters prescribed by the regulations for the purposes of
this section, if any, and
(b) otherwise, has the same functions as the
Secretary in relation to an assessment.
(3) The review, if conducted by a
delegate of the Minister, is not to be conducted by the Secretary or a person
who, as the delegate of the Secretary, made the assessment the subject of the
review.
(4) Following the review, the Minister may--
(a) affirm the
Secretary's assessment, or
(b) amend the Secretary's assessment, or
(c) set
aside the Secretary's assessment and substitute a new assessment.
(5) An
assessment, or an amendment to an assessment, that is made by the Minister has
the same effect as an assessment, or an amendment, made by the Secretary.
However, the assessment or amendment is not reviewable under this section.
(6) Any action taken by the Minister under this section does not affect--
(b) liability for an administrative levy that arose
before that action was taken.
(7) However, if the Minister makes a new
assessment, or amends an assessment, the Minister may--
(a) vary or, if the
decision-maker is not the Minister, direct the decision-maker to vary, a
security deposit condition in accordance with the assessment or amendment, and
(b) direct the Secretary to reassess any administrative levy payable for an
affected authorisation, and for which liability arose before the Minister's
assessment or amendment, in a manner that the Minister considers fair and
reasonable.
