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PRIVACY ACT 1988 - SECT 96

Review by the Administrative Review Tribunal

  (1)   An application may be made to the Administrative Review Tribunal for review of the following decisions of the Commissioner:

  (a)   a decision under subsection   26H(1) not to register an APP code developed by an APP code developer;

  (b)   a decision under subsection   26S(1) not to register a CR code developed by a CR code developer;

  (ba)   a decision under subsection   26WQ(7) to refuse an application for a declaration;

  (bb)   a decision to make a declaration under paragraph   26WQ(1)(d);

  (bc)   a decision under subsection   26WR(1) to give a direction;

  (c)   a decision under subsection   52(1) or (1A) to make a determination;

  (d)   a decision under subsection   73(1A) to dismiss an application;

  (e)   a decision under section   95 to refuse to approve the issue of guidelines;

  (f)   a decision under subsection   95A(2) or (4) or 95AA(2) to refuse to approve guidelines;

  (g)   a decision under subsection   95A(6) to revoke an approval of guidelines.

  (2)   An application under paragraph   (1)(a) may only be made by the APP code developer that developed the APP code.

  (2A)   An application under paragraph   (1)(ba) may only be made by:

  (a)   the entity that made the application for a declaration; or

  (b)   if another entity's compliance with subsection   26WL(2) is affected by the decision to refuse the application for a declaration--that other entity.

  (2B)   An application under paragraph   (1)(bb) may only be made by:

  (a)   the entity to whom notice of the declaration was given; or

  (b)   if another entity's compliance with subsection   26WL(2) is affected by the declaration--that other entity.

  (2C)   An application under paragraph   (1)(bc) may only be made by the entity to whom the direction was given.

  (2D)   For the purposes of subsections   (2A), (2B) and (2C), entity has the same meaning as in Part   IIIC.

  (3)   An application under paragraph   (1)(b) may only be made by the CR code developer that developed the CR code.



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