§ 38 — Reconsideration by Minister of appealable decision

38.—(1) An appellant may apply to the Minister for reconsideration of an appealable decision (called in this Part the initial appealable decision).(2) An appellant must apply under subsection (1) —(a)

in a prescribed manner; and

(b)

before the time specified in the initial appealable decision, being a time that must not be later than the 14th day after the initial appealable decision was given to the appellant.

(3) Upon receiving an application under subsection (1) for reconsideration, the Minister must —(a)

wholly cancel the initial appealable decision;

(b)

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

(c)

affirm the initial appealable decision.

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

(5) When an initial appealable decision is cancelled by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the Minister 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 the Minister’s initial appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision, and the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.

—(1) An appellant may apply to the Minister for reconsideration of an appealable decision (called in this Part the initial appealable decision).

(2) An appellant must apply under subsection (1) —(a)

in a prescribed manner; and

(b)

before the time specified in the initial appealable decision, being a time that must not be later than the 14th day after the initial appealable decision was given to the appellant.

(3) Upon receiving an application under subsection (1) for reconsideration, the Minister must —(a)

wholly cancel the initial appealable decision;

(b)

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

(c)

affirm the initial appealable decision.

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

(5) When an initial appealable decision is cancelled by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute appealable decision is made under subsection (3)(b), the Minister 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 the Minister’s initial appealable decision does not affect the operation of that decision or prevent the taking of action to implement that decision, and the initial appealable decision to be reconsidered must be complied with unless the determination of the reconsideration indicates otherwise.