§ 99 — Reconsideration by initial decision‑maker of appealable decision

99.—(1) Where an appealable decision is made by an initial decision‑maker, the appellant to whom the appealable decision is given or relates may apply to the initial decision‑maker for reconsideration of the appealable decision. (2) An application under subsection (1) by an appellant must be made —(a)

in a prescribed manner; and

(b)

before the expiry of the time specified in the appealable decision, being a time not later than the 14th day after the appealable decision was given to the appellant.

(3) Upon receiving an application under subsection (1) for reconsideration, the initial decision‑maker concerned has to, without compensating the appellant concerned, either —(a)

wholly cancel the appealable decision;

(b)

substitute the appealable decision (called the initial appealable decision), with another appealable decision that the initial decision‑maker might have made under this Act; or

(c)

affirm the initial appealable decision.

(4) When a substitute appealable decision is made by the initial decision‑maker under subsection (3)(b), the initial decision‑maker must immediately give the appellant concerned the substitute appealable decision in the same manner as the initial appealable decision.

(5) When an initial appealable decision is cancelled by the initial decision‑maker under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the initial decision‑maker must give notice (as the case may be) of —(a)

the cancellation or affirmation (as the case may be) to every person given the initial appealable decision; or

(b)

the making of a substitute appealable decision to the appellant who applied for reconsideration of the initial appealable decision.

(6) There is to be no further reconsideration after a decision under subsection (3).

(7) An application to reconsider an initial decision‑maker’s initial appealable decision does not affect the operation of that decision or prevent that taking of action to implement that decision, and unless otherwise allowed by the initial decision‑maker, the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.

(8) This section does not apply to an access blocking order or a payment blocking order that is confirmed or varied under section 119.

—(1) Where an appealable decision is made by an initial decision‑maker, the appellant to whom the appealable decision is given or relates may apply to the initial decision‑maker for reconsideration of the appealable decision.

(2) An application under subsection (1) by an appellant must be made —(a)

in a prescribed manner; and

(b)

before the expiry of the time specified in the appealable decision, being a time not later than the 14th day after the appealable decision was given to the appellant.

(3) Upon receiving an application under subsection (1) for reconsideration, the initial decision‑maker concerned has to, without compensating the appellant concerned, either —(a)

wholly cancel the appealable decision;

(b)

substitute the appealable decision (called the initial appealable decision), with another appealable decision that the initial decision‑maker might have made under this Act; or

(c)

affirm the initial appealable decision.

(4) When a substitute appealable decision is made by the initial decision‑maker under subsection (3)(b), the initial decision‑maker must immediately give the appellant concerned the substitute appealable decision in the same manner as the initial appealable decision.

(5) When an initial appealable decision is cancelled by the initial decision‑maker under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the initial decision‑maker must give notice (as the case may be) of —(a)

the cancellation or affirmation (as the case may be) to every person given the initial appealable decision; or

(b)

the making of a substitute appealable decision to the appellant who applied for reconsideration of the initial appealable decision.

(6) There is to be no further reconsideration after a decision under subsection (3).

(7) An application to reconsider an initial decision‑maker’s initial appealable decision does not affect the operation of that decision or prevent that taking of action to implement that decision, and unless otherwise allowed by the initial decision‑maker, the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.

(8) This section does not apply to an access blocking order or a payment blocking order that is confirmed or varied under section 119.