Number 1 of 2020—Review Process Under the Coastal Trading Act

The Coastal Trading Act allows for the review of decisions made by the Minister or their delegate.

Applications for a decision to be reviewed should be made to the Administrative Appeals Tribunal (AAT), consistent with section 107 of the Coastal Trading Act. For information on how to apply for a review, please visit www.aat.gov.au.

Coastal trading decisions that may be reviewed by the AAT include:

  • A decision to exempt or not exempt a particular vessel or person from the Act under section 11.
  • A decision to refuse a declaration made in relation to a vessel under section 12.
  • A decision to cancel a general licence under section 25(3).
  • A decision to cancel a temporary licence under section 59(3).
  • A decision to refuse a temporary licence under section 39
  • A decision to refuse a variation to a temporary licence under section 58.

Reviews in relation to a notice in response decision

General licence holders who submit a notice in response may also bring the following decisions to the AAT for review:

  • The decision to grant a temporary licence under section 35.
  • The decision to vary a temporary licence under section 55.
  • The decision to deem a licence as granted under sections 36 and 56.

Timeframes for making an application

Applications to review a decision should be made to the AAT within 20 business days after the person is notified of the decision. Where a notice in response has been provided, only the person who provided the notice in response may bring the decision to the AAT for review.

Other applications for review must be made within the time prescribed for the purposes of paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975.

While any matter is before the AAT, the decision under review will remain in place.

The Shipping Business Unit is available to discuss applications and outcomes of decisions with applicants. If you have any questions or queries about your application and the resulting decision please contact the Shipping Business Unit on 02 6274 7474 on at sbu@infrastructure.gov.au.

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Last Updated: 24 August, 2020