ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS  

Division 1 - Applications for review of decisions  

SECTION 27A   NOTICE OF DECISION AND REVIEW RIGHTS TO BE GIVEN  

27A(1)   [ Duty of person making decision]  

Subject to subsection (2), a person who makes a reviewable decision must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision notice, in writing or otherwise:


(a) of the making of the decision; and


(b) of the right of the person to have the decision reviewed.

27A(2)   [Decisions excepted]  

Subsection (1) does not apply to:


(a) a decision that is deemed to be made because of the operation of subsection 25(5) or (5A); or


(b) a decision in respect of which provision relating to the notification of a right of review is made by another enactment; or


(c) any of the following decisions:


(i) a decision not to impose a liability, penalty or any kind of limitation on a person;

(ii) a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class;

(iii) if an enactment establishes several categories of entitlement to a monetary benefit - a decision that determines a person to be in the most favourable of those categories;
if the decision does not adversely affect the interests of any other person; or


(d) a decision under the Corporations Act 2001 to which section 1317B of that Act applies;


(e) a decision under the Australian Securities and Investments Commission Act 2001 to which section 244 of that Act applies.

27A(3)   [Validity of decision not affected]  

A failure to do what this section requires does not affect the validity of the decision.

27A(4)   [Definition]  

In this section:

"reviewable decision"
means:


(a) a decision that is reviewable by the Tribunal; or


(b) a decision that is reviewable by:


(i) a person whose decision on review is reviewable by the Tribunal; or

(ii) a person whose decision on review, because of subparagraph (i), is a reviewable decision.




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