Student Assistance Act 1973
The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.
303(2) Decisions that are not reviewedSubsection (1) does not apply to a decision of the Secretary that relates to the Secretary ' s powers under section 327 to settle proceedings before the Administrative Appeals Tribunal.
[ CCH Note: S 303(2) will be amended by No 38 of 2024, s 3 and Sch 3 item 219, by substituting " ART " 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.]
Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.
Applications to AAT
303(3)
The Secretary may review a decision even if an application has been made to the AAT for a review in relation to the decision.
[ CCH Note: S 303(3) will be amended by No 38 of 2024, s 3 and Sch 3 item 219, by substituting " ART " for " AAT " in the heading and " ART " for " AAT " , 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.]
303(4) Secretary may affirm, vary or substitute
The Secretary may:
(a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. 303(5)(Repealed by No 60 of 2015)
Notice to AAT Registrar
303(6)
If the Secretary makes a decision under subsection (4) after a person has applied to the AAT for a review in relation to the decision, the Secretary must give written notice of the Secretary ' s decision to the Registrar of the AAT.
[ CCH Note: S 303(6) will be amended by No 38 of 2024, s 3 and Sch 3 item 219, by substituting " ART Principal Registrar " for " AAT Registrar " in the heading, " to the ART " for " to the AAT " and " ART Principal Registrar " for " Registrar of the AAT " , 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.]
303(7) Event taken to have occurred
If:
(a) the Secretary sets a decision aside under subsection (4) ; and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.
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