Banking Act 1959
Applications may be made to the Administrative Appeals Tribunal for review of decisions of APRA that have been confirmed or varied under subsection 51B(3) .
[ CCH Note: S 51C(1) will be amended by No 39 of 2024, s 3 and Sch 14 item 3, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
(2)
If a decision is taken, because of the operation of subsection 51B(4) , to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period beginning on the day on which the decision is taken to be confirmed and ending on the 28th day after that day.
[ CCH Note: S 51C(2) will be substituted by No 39 of 2024, s 3 and Sch 14 item 4, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 51C(2) will read:
]
(2)
If a decision is taken, because of the operation of subsection 51B(4) , to be confirmed, then (despite section 18 of the Administrative Review Tribunal Act 2024 ) an application for review of the decision must be made within the period:
(a) beginning on the day on which the decision is taken to be confirmed; and
(b) ending 28 days after the day on which the decision is taken to be confirmed.
(3)
If a person makes a request under subsection 51B(1) in respect of a reviewable decision of APRA, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.
[ CCH Note: S 51C(3) will be amended by No 39 of 2024, s 3 and Sch 14 item 5, by substituting " section 32 of the Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal " for " section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
(4)
(Repealed by No 25 of 2008)
[ CCH Note: S 51C(4) will be inserted by No 39 of 2024, s 3 and Sch 14 item 6, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 51C(4) will read:
]
(4)
An order must not be made under subsection 32(2) of the Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
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