Part 15 of the Dangerous Goods (Explosives) Regulations 2022

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:

1. regulation 14(4)—for a decision to grant or refuse to grant an exemption;
2. regulation 14(7)—for a decision to impose a condition on an exemption;
3. regulation 16(1)—for a decision to amend, suspend or revoke an exemption;
4. regulation 19(1)—for a decision to approve or refuse to approve a matter;
5. regulation 41(1)—for a decision to direct a licensee to amend a safety management system;
6. regulation 107(2)—for a decision to authorise or refuse to authorise a purchase of a greater amount of explosives;
7. 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

1. An eligible person may apply in writing to the Authority for a review of a reviewable decision prescribed under regulation 217.
2. An application for a review must be made within:
   1. 14 days after the day on which the decision first came to the applicant's notice; or
   2. any longer period as the Authority allows
3. If an application is made, the Authority must make a decision:
   1. to confirm the reviewable decision either on the basis -
      1. that it was made in accordance with the Act and these Regulations; or
      2. 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
   2. to set aside or vary the reviewable decision
4. The Authority must give a written notice to the applicant setting out:
   1. the Authority's decision and the reasons for the decision; and
   2. 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
5. The Authority must give the notice:
   1. within 14 days after the application is made; or
   2. with the consent of the applicant, within a further period of up to 14 days
6. 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.
7. 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.