Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to section 144, if:
(a) a decision has been reviewed by the Secretary, the CEO or an authorised review officer under section 126 or 135; and
(b) the decision has been affirmed, varied or set aside;
a person whose interests are affected by the decision of the Secretary, the CEO or the authorised review officer may apply to the SSAT for review of that decision.
(2) Subject to section 144, if a decision has been made by the Secretary himself or herself or by the CEO himself or herself, a person whose interests are affected by the decision may apply to the SSAT for review of the decision.
(4) For the purposes of subsection (1), the decision made by the Secretary, the CEO or the authorised review officer is taken to be:
(a) if the Secretary, the CEO or the authorised review officer affirms a decision--that decision as affirmed; and
(b) if the Secretary, the CEO or the authorised review officer varies a decision--that decision as varied; and
(c) if the Secretary, the CEO or the authorised review officer sets a decision aside and substitutes a new decision--the new decision.
(5) For the purposes of subsection (2), if:
(a) an application has been made under subsection 129(1) for review of a decision made by the Secretary himself or herself or the CEO himself or herself; and
(b) before the application under subsection 129(1) was made, the Secretary or CEO had reviewed the decision under section 126;
the decision made by the Secretary or CEO is taken to be:
(c) if the Secretary or CEO had affirmed or varied the decision--that decision as affirmed or varied; and
(d) if the Secretary or CEO had set the decision aside and substituted a new decision--the new decision.
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