Superannuation Industry (Supervision) Act 1993
If a written notice is given to a person affected by a reviewable decision telling the person that the reviewable decision has been made, that notice is to include a statement to the effect that: (a) the person may, if dissatisfied with the decision, seek a reconsideration of the decision by the Regulator in accordance with subsection 344(1) ; and (b) the person may, subject to the Administrative Appeals Tribunal Act 1975 , if dissatisfied with a decision made by the Regulator upon that reconsideration confirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.
[ CCH Note 1: S 345(1) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 140, by inserting " or the Registrar, as the case may be, " after " Regulator " in para (a) and (b), effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
[ CCH Note 2: S 345(1) will be amended by No 38 of 2024, s 3 and Sch 1 item 71, by substituting " Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal Act 1975 " and " Administrative Review Tribunal for " for " Administrative Appeals Tribunal for " in para (b), 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.]
345(2)
If the Regulator confirms or varies a reviewable decision under subsection 344(4) and gives to the person written notice of the confirmation or variation of the decision, that notice is to include a statement to the effect that the person may, subject to the Administrative Appeals Tribunal Act 1975 , if dissatisfied with the decision so confirmed or varied, make application to the Administrative Appeals Tribunal for review of the decision.
[ CCH Note 1: S 345(2) will be amended by No 141 of 2020 (as amended by No 127 of 2021), s 3 and Sch 4 item 141, by inserting " or the Registrar " after " Regulator " , effective a day or days to be fixed by Proclamation. However, if any of the provisions do not commence before 1 July 2024, they commence on that day.]
[ CCH Note 2: S 345(2) will be amended by No 38 of 2024, s 3 and Sch 1 item 71, by substituting " Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal Act 1975 " and " Administrative Review Tribunal for " for " Administrative Appeals Tribunal for " , 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.]
345(3)
A failure to comply with the requirements of subsections (1) and (2) in relation to a reviewable decision or a decision under subsection 344(4) does not affect the validity of that decision.
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