Student Assistance Act 1973

Part 9 - Review of Decisions

Division 1 - Internal review

SECTION 304 APPLICATION FOR REVIEW

304(1) People affected may apply for review

A person affected by a decision to which this Division applies may apply to the Secretary for review of the decision.

304(2) Period within which application for internal review to be sought

An application under subsection (1) for the review of a decision must be made within:

(a) 3 months; or

(b) such longer period as the Secretary, in special circumstances, allows;

after the making of the decision.

[ CCH Note: S 304(2) will be amended by No 38 of 2024, s 3 and Sch 3 item 187, by substituting " 90 days " for " 3 months " in para (a), 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.]

304(3) No application to decisions by Secretary

Subsection (1) does not apply to a decision made by the Secretary himself or herself.

304(4) Review following application

If a person applies under subsection (1) for review of a decision, the Secretary or an authorised review officer may review the decision under section 306 .

Application taken to have been made

304(5)

View history reference

If:

(a) a person who may apply to the Secretary for review of a decision under subsection (1) has not so applied; and

(b) the person applies to the AAT for review of the decision;

the person is, if the application to the AAT is made within any applicable time limit under subsection (2) , taken to apply to the Secretary for review of the decision under subsection (1) on the day on which the person applies to the AAT.

[ CCH Note: S 304(5) will be amended by No 38 of 2024, s 3 and Sch 3 item 219, by substituting " ART " for " AAT " (wherever occurring), 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.]

View history note

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