Reconsideration and review of decisions

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​​​If you are affected by the initial decision of an authorised officer under the Imported Food Control Act 1992, there is a process in place by which you can ask for a review of that decision.

The information below must be read in conjunction with the legislation. It is your responsibility as an importer to ensure that you have read the relevant parts of the legislation to fully understand your rights in requesting a review of a decision and the circumstances under which you are eligible to seek a review of a decision.

View a copy of the Imported Food Control Act 1992. If you have ​difficulty accessing the legislation from the above link, please contact the Department of Agriculture and Water Resources office as soon as possible and request a hard copy.

Reconsideration and review process for initial decisions

If your interests are affected by one or more of the scenarios described in the table below, you can apply to the Secretary of the Department of Agriculture and Water Resources​ for a reconsideration of an initial decision. The reconsideration right is set out in section 42 of the Imported Food Control Act 1992.

Scenario

Reference from section 42 of the Imported Food Control Act 1992

Food is subject to inspection and/or analysis

a decision under section 12 to issue a food control certificate that states that the food to which the certificate relates is required to be inspected, or inspected and analysed

Food has failed inspection and/or analysis

a decision under subsection 14(1) to issue an imported food inspection advice identifying food (other than food that is or may be the subject of an application for a further imported food advice) as failing food and specifying the manner of dealing with that food

Samples of food have failed analysis and additional samples from the same lot may not be tested

a decision under subsection 14(6) refusing an application for a further imported food inspection advice

Food has been subject to a further inspection and has failed inspection and/or analysis

a decision under subsection 14(6) to issue a further imported food inspection advice identifying food as failing food and specifying the manner of dealing with that food

Revoke the approval of an overseas food processing operation

a decision made by the Secretary to revoke a determination under subsection 19(3)

Food Control Certificate will not be issued until a previous consignment has been treated, destroyed or re-exported

a decision by the Secretary under subsection 20(13) to direct that food control certificates should not be issued to a person who has failed to comply with a notice under subsection 20(2), (3) or (4)

Food Control Certificate or Imported Food Inspection Advice will not be issued until outstanding fees are paid

a decision by the Secretary under subsection 36(8) to direct that documentation not be issued in respect of food imported by a person who has failed to pay fees to the Commonwealth

Compensation for food that has been destroyed as a result of a mistake of fact or of law

a decision of the Secretary under subsection 39(1)

Application for reconsideration by the Secretary

Your application for reconsideration by the Secretary of an initial decision must:

  • be given to the Secretary within 28 days after the date you first receive notice of the Secretary’s initial decision;
  • be in writing; and
  • set out the reasons for the application. In the reasons you must be specific about what aspect or aspects of the Secretary’s initial decision you are asking to be reconsidered.

You will be sent written notice of the Secretary’s decision, and the reasons for that decision, within 28 days after the date on which the Secretary receives your application for reconsideration.

Applications for reconsideration should be sent to the Director, Imported Food by e-mail to Imported Food or posted to GPO Box 858, Canberra, ACT, 2601.

Application to the Administrative Appeals Tribunal (AAT)

If your interests are affected by the Secretary’s decision following reconsideration of the initial decision, you may apply to the AAT for a review of the Secretary’s decision. This review can only take place after the Secretary has reconsidered the initial decision.

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