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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 180 Application and modification of AAT Act

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 180

Application and modification of AAT Act

    For the purposes of AAT second review under this Division, a provision of the AAT Act listed in an item of the following table is disapplied or modified as set out in that item.

 

Application and modification of AAT Act

Item

Provision of AAT Act

Modification of provision of AAT Act

2

Paragraph   30(1)(b) (parties to proceeding)

The paragraph has effect as if the reference to the person who made the decision were a reference to each party to the relevant AAT first review, other than the applicant for AAT second review.

3

Section   41 (operation and implementation of decision subject to review)

The section has effect as if references to the decision to which the relevant proceeding relates were references to:

(a)   if, on AAT first review, the AAT affirmed the decision (the original decision ) the subject of that review--the original decision; and

(b)   otherwise--both the original decision and whichever of the following is applicable in relation to the AAT first review:

(i) the original decision as varied by the AAT;

(ii) the decision substituted by the AAT;

(iii)the decision made as a result of reconsideration by the Secretary in accordance with any directions or recommendations of the AAT

4

Subsection   41(4) (submissions on stay of decision)

The subsection has effect as if the references to the person who made the decision were references to each party to the relevant AAT first review

5

Subsection   42A(2) (dismissal of review application for failure to appear)

The subsection has effect as if the reference to the person who made the decision were a reference to the Secretary.