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Review of decisions by the Registrar of Liner Shipping

Part X of the Competition and Consumer Act 2010 (the Act) provides that applications may be made to the Administrative Review Tribunal (ART) for review of a reviewable decision. A reviewable decision means a decision by the Registrar of Liner Shipping under Part X of the Act, other than a decision to provisionally or finally register a conference agreement or a decision as to the form of a register (section 10.84 of the Act).

Section 10.84 of the Act provides for a review of decisions of Registrar:

  1. Application may be made to the Administrative Review Tribunal for review of a reviewable decision.
  2. In subsection (1):
    • decision has the same meaning as in the Administrative Review Tribunal Act 2024.
    • reviewable decision means a decision of the Registrar under this Part, other than:
      1. a decision to provisionally or finally register a conference agreement, or
      2. a decision as to the form of a register.

Section 10.85 of the Act provides for a statement to accompany notices of Registrar:

  1. Where the Registrar makes a reviewable decision (within the meaning of section 10.84) and gives to a person whose interests are affected by the decision written notice of the making of the decision, the notice must include:
    1. a statement to the effect that application may be made to the Administrative Review Tribunal under the Administrative Review Tribunal Act 2024 for review of a decision of the Registrar under this Part, and
    2. a statement to the effect that a person who is entitled to apply to the Administrative Review Tribunal for review of a decision may, under section 268 of that Act, request a statement of reasons (within the meaning of that Act).
  2. Paragraph (1)(b) does not apply if the person has been given a statement of reasons under the Administrative Review Tribunal Act 2024 (see subsection 269(7) of that Act).
  3. A contravention of subsection (1) in relation to a decision does not affect the validity of the decision.