Commonwealth Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 77

Reasons and documents

             (1)  Section 28 (obtaining reasons for decision) and subsections 37(1) to (1D) (lodging documents) of the Administrative Appeals Tribunal Act 1975 do not apply in relation to a decision to which an application under subsection 76(1) relates.

Note:          Under subsection 76(4), an application under subsection 76(1) may be taken to also relate to a later decision.

Notification of application

             (2)  The Director of Human Biosecurity must be notified under subsection 29AC(1) of the Administrative Appeals Tribunal Act 1975 of an application for review of a decision referred to in subsection 76(1) of this Act as soon as possible after the application is received by the Administrative Appeals Tribunal.

Notification of later decision

             (3)  The Director of Human Biosecurity must notify the Administrative Appeals Tribunal as soon as practicable after making a later decision referred to in paragraph 76(3)(b).

Requirement to lodge documents

             (4)  The Director of Human Biosecurity must lodge with the Administrative Appeals Tribunal and the individual to whom the direction is given:

                     (a)  the reasons for a decision to which an application under subsection 76(1) relates; and

                     (b)  every other document or part of a document that is:

                              (i)  in the Director's possession or under his or her control; and

                             (ii)  relevant to the review of the decision by the Tribunal.

             (5)  Reasons and documents, or parts of documents, must be lodged under subsection (4):

                     (a)  as soon as possible after the following time (as the case requires):

                              (i)  the time when the Director of Human Biosecurity is notified of an application for review of a decision referred to in subsection 76(1);

                             (ii)  the time when the Director of Human Biosecurity makes a later decision referred to in paragraph 76(3)(b); and

                     (b)  in any case:

                              (i)  before the end of the second business day after that time; or

                             (ii)  within any further period as the Tribunal determines (whether orally or in writing).



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