Commonwealth Numbered Acts Commonwealth Numbered Acts(1) After receiving an application for review of a reviewable decision, the Secretary must cause the decision to be reviewed by the relevant person (the reviewer ) provided in the following table:
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Reviewer of reviewable decisions |
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Item |
If the person who made the reviewable decision is ... |
the reviewer of the reviewable decision is ... |
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1 |
The Secretary personally |
The Minister |
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2 |
A delegate of the Secretary |
Either: (a) the Secretary personally; or (b) a delegate of the Secretary who was not involved in making the reviewable decision |
(2) After reviewing the reviewable decision, the reviewer must make a decision (an internal review decision ):
(a) confirming the reviewable decision; or
(b) varying the reviewable decision; or
(c) setting aside the reviewable decision and substituting a new decision.
Note: An internal review decision is reviewable by the Administrative Appeals Tribunal (see Division 2). Under the Administrative Appeals Tribunal Act 1975 , notice must be given to persons whose interests are affected by an internal review decision.
(3) An internal review decision takes effect:
(a) on a day, provided in the internal review decision, that is after the internal review decision was made; or
(b) if a day is not so provided--on the day on which the internal review decision was made.