Student Assistance Act 1973

Part 9 - Review of Decisions  

Division 1 - Internal review  

SECTION 303   SECRETARY MAY REVIEW DECISIONS  
Decisions that Secretary may review

303(1)    
The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.

Decisions that are not reviewed

303(2)    


Subsection (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 ART.

303(2A)    
Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.

Applications to ART

303(3)    


The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision.

Secretary may affirm, vary or substitute

303(4)    
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(Repealed by No 60 of 2015)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 ART Principal Registrar

303(6)    


If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary ' s decision to the ART Principal Registrar.

Event taken to have occurred

303(7)    
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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