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SLI 2006 No. 117 Regulations as made
These Regulations amend two elements of the review arrangements in the Building and Construction Industry Improvement (Accreditation Scheme) Regulations 2005: * to allow the Federal Safety Commissioner to act as a reviewing officer for review of decisions relating to accreditation made by his or her delegate under the scheme; and * to provide that the reviewer is taken to have affirmed a reviewable decision if a decision has not been made within 90 days after receiving the request.
Administered by: DEWR
Registered 05 Jun 2006
Tabling HistoryDate
Tabled HR13-Jun-2006
Tabled Senate13-Jun-2006
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Building and Construction Industry Improvement (Accreditation Scheme) Amendment Regulations 2006 (No. 1)1

Select Legislative Instrument 2006 No. 117

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Building and Construction Industry Improvement Act 2005.

Dated 1 June 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

KEVIN ANDREWS


1              Name of Regulations

                These Regulations are the Building and Construction Industry Improvement (Accreditation Scheme) Amendment Regulations 2006 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Building and Construction Industry Improvement (Accreditation Scheme) Regulations 2005

                Schedule 1 amends the Building and Construction Industry Improvement (Accreditation Scheme) Regulations 2005.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 20

substitute

20            Internal review of decisions

         (1)   A person whose interests are affected by a reviewable decision may request a reconsideration of the decision.

         (2)   The person’s request must be made by written notice given to the Federal Safety Commissioner within 28 days after the day on which the person first received the notice of the decision.

         (3)   The notice must set out the reasons for making the request.

         (4)   The Federal Safety Commissioner must, as soon as practicable after receiving a notice under subregulation (2), cause the decision to be reviewed by a person (the reviewer) specified in subregulation (5) or (6).

         (5)   If the Federal Safety Commissioner made the decision — a person:

                (a)    to whom the Federal Safety Commissioner’s powers under the accreditation scheme are delegated; and

               (b)    who was not involved in making the decision.

         (6)   If the Federal Safety Commissioner did not make the decision — either:

                (a)    the Federal Safety Commissioner; or

               (b)    a person:

                          (i)    to whom the Federal Safety Commissioner’s powers under the accreditation scheme are delegated; and

                         (ii)    who was not involved in making the decision.

         (7)   A person who reviews a reviewable decision under subregulation 20 (5) or (6) may:

                (a)    make a decision affirming, varying or setting aside the reviewable decision; and

               (b)    if the reviewer sets aside the decision, make such other decision as the reviewer thinks appropriate.

         (8)   The reviewer’s decision takes effect:

                (a)    on the day specified in the decision on review; or

               (b)    if a day is not specified — on the day on which the decision is made.

         (9)   The reviewer is taken, for this Subdivision, to have affirmed the reviewable decision if a decision is not made under subregulation (7) within 90 days after receiving the person’s request.

[2]           Regulation 21, at the foot

insert

Note   General notification requirements are set out in section 27A of the Administrative Appeals Tribunal Act 1975.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.