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bruneilawsby aturio
In forceAs enacted
Contents

Part · Preliminary

40. Reconsideration of directions or decisions

(1)

An organisation or an individual aggrieved by-

{a} any direction made by the Authority under section 34(2), 36(1)

or (2) or 39(4); or

(b)

any direction or decision made under section 35(2), may make a written application to the Authority to reconsider the direction or decision in accordance with this section.

(2)

An organisation aggrieved by a financial penalty imposed by the

Authority under section 37(1) on the organisation may make a written application to the Authority to reconsider the decision to impose the financial penalty or the amount of the financial penalty so imposed in accordance with this section.

(3)

Unless the Authority decides otherwise in any particular case, an application for reconsideration does not suspend the effect of the direction or decision to be reconsidered except in the case of an application for reconsideration under subsection (2).

(4)

The application for reconsideration shall -

{a} subject to subsection (5), be submitted to the Authority within the prescribed period;

(b)

be made in the form and manner required by the Authority; and

(c)

set out the grounds on which the applicant is requesting the reconsideration.

(5)

The Authority may, on written application by the organisation or an individual concerned, whether before, on or after the expiry of the prescribed period mentioned in subsection (4){a}, extend the time for the organisation or the individual to make the application for reconsideration if the Authority is satisfied that the extension should be granted by reason of exceptional circumstances in the particular case.

(6)

If an application for reconsideration is made in accordance with this section, the Authority shall -

{a} reconsider the direction or decision;

(b)

take any of the following actions as the Authority thinks fit -

(i)

affirm, revoke or vary the direction or decision;

(ii)

affirm or revoke, or vary the amount of, the financial penalty; and

(c)

notify the applicant in writing of the result of the reconsideration.

(7)

There is to be no application for reconsideration of a decision made under subsection (6)(b}.

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