Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (69 of 2020)

Schedule 1   Amendments relating to the Registrar

Part 2   Other amendments

Business Names Registration (Transitional and Consequential Provisions) Act 2011

356   After item 28 of Schedule 1

Insert:

28A Internal review of certain decisions made by the Registrar

(1) If a reviewable decision is made by the Registrar other than as a delegate of the Minister, an entity on whose application the decision isreviewable may apply to the Registrar (the review body ) for review of the decision. The application must meet any requirements of the data standards.

(2) If a reviewable decision is made by the Registrar as a delegate of the Minister, an entity on whose application the decision is reviewable may apply to the Minister (the review body ) for review of the decision.

(3) An application under subitem (2):

(a) must set out the reasons for making the application; and

(b) must be in the prescribed form; and

(c) must be made in the prescribed manner.

(4) An application under subitem (1) or (2) must be made within 28 days after the entity is notified of the decision.

(5) Despite subitem (4), an application for review may be made within such longer period as the review body allows.

(6) After an application for review is made, the review body must review the decision and:

(a) affirm the decision under review; or

(b) vary the decision under review; or

(c) set aside the decision under review and make a decision in substitution for it.

(7) A decision of the review body under subitem (6) takes effect:

(a) on a day, provided in the decision, that is after the decision is made; or

(b) if a day is not so provided - on the day on which the decision is made.

(8) If the Registrar, as the review body, has not decided an application by an entity for review within 28 days after the application is made, the entity may, at any time, notify the review body that the entity wishes to treat the decision as having been affirmed. The notification must meet any requirements of the data standards.

(9) If the Minister, as the review body, has not decided an application by an entity for review within 60 days after the application is made, the entity may, at any time, notify the review body, in writing, that the entity wishes to treat the decision as having been affirmed.

(10) For the purposes of item 29, if an entity gives a notification under subitem (8) or (9), the review body is taken to have refused the entity's application on the day on which the notification or notice is given.