Part 15 of the Dangerous Goods (Explosives) Regulations 2022
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Part 15 - Review of decisions
217 What is a reviewable decision?
For the purposes of section 20(1A) of the Dangerous Goods Act 1985, the following are reviewable decisions made by the Authority:
- regulation 14(4)—for a decision to grant or refuse to grant an exemption;
- regulation 14(7)—for a decision to impose a condition on an exemption;
- regulation 16(1)—for a decision to amend, suspend or revoke an exemption;
- regulation 19(1)—for a decision to approve or refuse to approve a matter;
- regulation 41(1)—for a decision to direct a licensee to amend a safety management system;
- regulation 107(2)—for a decision to authorise or refuse to authorise a purchase of a greater amount of explosives;
- regulation 178(2)—for a decision to make a determination relating to a certificate
218 Who is an eligible person?
For the purposes of regulation 219 and section 20(1A) of the Act, a person whose interests are affected by a reviewable decision prescribed under regulation 217 is an eligible person.
219 Application for internal review
- An eligible person may apply in writing to the Authority for a review of a reviewable decision prescribed under regulation 217.
- An application for a review must be made within:
- 14 days after the day on which the decision first came to the applicant's notice; or
- any longer period as the Authority allows
- If an application is made, the Authority must make a decision:
- to confirm the reviewable decision either on the basis -
- that it was made in accordance with the Act and these Regulations; or
- that even though it was not made in accordance with the Act or these Regulations, the failure was not reasonably likely to have affected the outcome of the decision; or
- to set aside or vary the reviewable decision
- to confirm the reviewable decision either on the basis -
- The Authority must give a written notice to the applicant setting out:
- the Authority's decision and the reasons for the decision; and
- the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based
- The Authority must give the notice:
- within 14 days after the application is made; or
- with the consent of the applicant, within a further period of up to 14 days
- If the Authority does not notify an applicant of a decision in accordance with subregulation (5), the Authority is taken to have made a decision to confirm that the reviewable decision was made in accordance with the Act and these Regulations.
- A review under this regulation does not affect the operation of the reviewable decision or prevent the taking of any action to implement it.
Note: Section 20B of the Act provides a right to apply to VCAT for a review of a reviewable decision made by the Authority.
220 Process for new decisions to be started within 7 days
If the Authority sets a decision aside under regulation 219(3)(b), it must start the process to remake the decision within 7 days after it sets the decision aside.