Commonwealth Numbered Acts

OCCUPATIONAL SUPERANNUATION STANDARDS ACT 1987 No. 97, 1987 - SECT 16

16. (1) The trustees of a fund that is affected by a reviewable decision of
the Commissioner may, if dissatisfied with the decision, by notice given to
the Commissioner within the period of 21 days after the day on which the
trustees of the fund first receive notice of the decision, or within such
further period as the Commissioner allows, request the Commissioner to
reconsider the decision.

(2) There shall be set out in the request reasons for making the request.

(3) Upon receipt of the request, the Commissioner shall reconsider the
decision and may, subject to subsection (4), confirm or revoke the decision or
vary the decision in such manner as the Commissioner thinks fit.

(4) Where the Commissioner does not confirm, revoke or vary a decision before
the expiration of the period of 21 days after the day on which the
Commissioner received the request under subsection (1) to reconsider the
decision, the Commissioner shall, upon the expiration of that period, be
deemed to have confirmed the decision under subsection (3).

(5) Where the Commissioner confirms, revokes or varies a decision before the
expiration of the period referred to in subsection (4), the Commissioner
shall, by notice served on the trustees making the request, inform the
trustees of the result of the reconsideration of the decision and the reasons
for confirming, varying or revoking the decision, as the case may be.

(6) Applications may be made to the Administrative Appeals Tribunal for review
of decisions of the Commissioner that have been confirmed or varied under
subsection (3).

(7) Where a decision is deemed, by reason of the operation of subsection (4),
to be confirmed, section 29 of the Administrative Appeals Tribunal Act  1975
applies as if the prescribed time for making application for review of the
decision were the period commencing on the day on which the decision is deemed
to be confirmed and ending on the twenty-eighth day after that day.

(8) Where a request is made under subsection (1) in respect of a reviewable
decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies
as if the making of the request were the making of an application to the
Administrative Appeals Tribunal for a review of that decision.

(9) The hearing of a proceeding relating to a reviewable decision shall take
place in private and the Administrative Appeals Tribunal may, by order:

   (a)  give directions as to the persons who may be present; and

   (b)  give directions of a kind referred to in paragraph 35 (2) (b) or (c)
        of the Administrative Appeals Tribunal Act 1975.