Commonwealth Consolidated Acts

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Notice of decision and review rights to be given

             (1)  Subject to subsection (2), a person who makes a reviewable decision must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision notice, in writing or otherwise:

                     (a)  of the making of the decision; and

                     (b)  of the right of the person to have the decision reviewed.

             (2)  Subsection (1) does not apply to:

                     (a)  a decision that is deemed to be made because of the operation of subsection 25(5) or (5A); or

                     (b)  a decision in respect of which provision relating to the notification of a right of review is made by another enactment; or

                     (c)  any of the following decisions:

                              (i)  a decision not to impose a liability, penalty or any kind of limitation on a person;

                             (ii)  a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class;

                            (iii)  if an enactment establishes several categories of entitlement to a monetary benefit--a decision that determines a person to be in the most favourable of those categories;

                            if the decision does not adversely affect the interests of any other person; or

                     (d)  a decision under the Corporations Act 2001 to which section 1317B of that Act applies;

                     (e)  a decision under the Australian Securities and Investments Commission Act 2001 to which section 244 of that Act applies.

             (3)  A failure to do what this section requires does not affect the validity of the decision.

             (4)  In this section:

"reviewable decision" means:

                     (a)  a decision that is reviewable by the Tribunal; or

                     (b)  a decision that is reviewable by:

                              (i)  a person whose decision on review is reviewable by the Tribunal; or

                             (ii)  a person whose decision on review, because of subparagraph (i), is a reviewable decision.

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