Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4A - REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL OF CERTAIN DECISIONS  

SECTION 1317D   NOTICE OF REVIEWABLE DECISION AND REVIEW RIGHTS  

1317D(1)  
This section applies if the Minister, ASIC, the Companies Auditors Disciplinary Board or a committee convened under Part 2 of Schedule 2 (the decision maker ) makes a decision to which section 1317B applies.

1317D(2)  
Subject to subsection (3), the decision maker must take such steps as are reasonable in the circumstances to give to each person whose interests are affected by the decision notice, in writing or otherwise:


(a) of the making of the decision; and


(b) of the person's right to have the decision reviewed by the Tribunal.

1317D(3)  
Subsection (2) does not require the decision maker to give notice to a person affected by the decision or to the persons in a class of persons affected by the decision, if the decision maker determines that giving notice to the person or persons is not warranted, having regard to:


(a) the cost of giving notice to the person or persons; and


(b) the way in which the interests of the person or persons are affected by the decision.

1317D(4)  
A failure to comply with this section does not affect the validity of the decision.

1317D(5)  
The fact that a person has not been given notice of the decision because of a determination under subsection (3) constitutes special circumstances for the purposes of subsection 29(6) of the Administrative Appeals Tribunal Act 1975 .


 

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