Administrative Review Tribunal Act 2024
PART 4
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PROCEEDINGS
Division 8
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Decision
Subdivision C
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Decision on review of reviewable decision
SECTION 108
EFFECT OF TRIBUNAL DECISION TO VARY OR SUBSTITUTE A REVIEWABLE DECISION
When this section applies
108(1)
This section applies if the Tribunal: (a) varies the reviewable decision; or (b) sets aside the reviewable decision and makes a decision in substitution for the reviewable decision.
Decision is taken to be decision of decision-maker
108(2)
The reviewable decision as varied, or the decision made in substitution for the reviewable decision, is taken be a decision of the decision-maker for all purposes other than: (a) section 16 (decision is taken to be made if timeframe expires); or (b) Division 3 of Part 3 (applying for review of decision); or (c) Divisions 2 and 4 of Part 7 (appeals and references of questions of law to Federal Court); or (d) Part 10 (notice and information about administrative decision).
No application for review of varied or substituted decision
108(3)
Application may not be made to the Tribunal for review of the reviewable decision as varied or the decision made in substitution for the reviewable decision.
Timing
108(4)
When the decision of the Tribunal to vary or set aside the reviewable decision comes into operation, the reviewable decision as varied, or the decision made in substitution for the reviewable decision, has effect, or is taken to have had effect, from the time at which the reviewable decision has or had effect.
108(5)
Subsection (4) does not apply if the Tribunal orders otherwise.
When this section applies
108(1)
This section applies if the Tribunal: (a) varies the reviewable decision; or (b) sets aside the reviewable decision and makes a decision in substitution for the reviewable decision.
Decision is taken to be decision of decision-maker
108(2)
The reviewable decision as varied, or the decision made in substitution for the reviewable decision, is taken be a decision of the decision-maker for all purposes other than: (a) section 16 (decision is taken to be made if timeframe expires); or (b) Division 3 of Part 3 (applying for review of decision); or (c) Divisions 2 and 4 of Part 7 (appeals and references of questions of law to Federal Court); or (d) Part 10 (notice and information about administrative decision).
No application for review of varied or substituted decision
108(3)
Application may not be made to the Tribunal for review of the reviewable decision as varied or the decision made in substitution for the reviewable decision.
Note 1:
In some circumstances, application may be made to refer to the guidance and appeals panel a decision of the Tribunal to affirm, vary or set aside a decision (see section 123 ).
Note 2:
This subsection does not apply in relation to ART social services decisions (see Part 5A ).
Timing
108(4)
When the decision of the Tribunal to vary or set aside the reviewable decision comes into operation, the reviewable decision as varied, or the decision made in substitution for the reviewable decision, has effect, or is taken to have had effect, from the time at which the reviewable decision has or had effect.
108(5)
Subsection (4) does not apply if the Tribunal orders otherwise.
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