Commonwealth Consolidated Acts

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AUSTRALIAN PASSPORTS ACT 2005 - SECT 49

Review by Minister of decisions made by Minister's delegate

             (1)  If:

                     (a)  a reviewable decision is made by a delegate of the Minister; and

                     (b)  the decision is not a decision under subsection (4);

a person affected by the decision may apply in writing to the Minister for review of the decision.

             (2)  An application for review of a decision must be made within 28 days after the person is notified of the decision.

             (3)  An application for review of a decision must set out the reasons for making the application.

             (4)  After receiving an application for review of a decision, the Minister must review the decision and:

                     (a)  affirm the decision under review; or

                     (b)  vary the decision under review; or

                     (c)  set aside the decision under review and make a decision in substitution for it.

Note:          Under section 27A of the Administrative Appeals Tribunal Act 1975 , the decision-maker must give to persons whose interests are affected by the decision a notification of the making of the decision and of their right to have the decision reviewed. In notifying any such persons, the decision-maker must have regard to the Code of Practice determined under section 27B of that Act.



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