Document ID: chunk:federal_register_of_legislation:C2025C00176:section:110vb:p1
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 110VB (pt 1/2)
Character Range: 297374–300132

110VB  Review of decisions by the Tribunal

Decisions relating to defence honours
 (1) If an application is properly made to the Tribunal for review of a reviewable decision relating to a defence honour, the Tribunal:
 (a) must review the decision; and
 (b) may make any recommendations to the Minister that the Tribunal considers appropriate.
Note 1: The Tribunal does not have power to affirm or set aside the decision.
Note 2: Formal requirements relating to decisions etc. of the Tribunal are dealt with in section 110XE.

Decisions relating to defence awards and foreign awards
 (2) If an application is properly made to the Tribunal for review of a reviewable decision relating to a defence award or a foreign award, the Tribunal must review the decision and:
 (a) affirm the decision; or
 (b) set the decision aside and:
 (i) substitute a new decision (being a decision to recommend a person or group of persons for a defence award or a foreign award); or
 (ii) refer the matter to a person determined by the Tribunal, for reconsideration in accordance with any directions of the Tribunal.
Note: Formal requirements relating to decisions etc. of the Tribunal are dealt with in section 110XE.
 (3) The Tribunal may also make any recommendations to the Minister that the Tribunal considers appropriate and that arise out of, or relate to, the Tribunal's review under subsection (2) of a reviewable decision.
 (4) If, under subsection (2), the Tribunal sets aside a reviewable decision and substitutes a new decision then, unless the Tribunal determines otherwise, the substituted decision:
 (a) is taken to be a decision of the person who made the reviewable decision (except for the purpose of any review of the substituted decision, whether by the Tribunal or otherwise); and
 (b) has effect, or is taken to have had effect, on and from the date determined by the Tribunal.
 (5) If, under subsection (2), the Tribunal sets aside a reviewable decision and refers the matter to a person determined by the Tribunal, for reconsideration in accordance with any directions of the Tribunal:
 (a) the person must reconsider the matter accordingly; and
 (b) if the person's decision on the reconsideration is a refusal of a kind described in paragraph 110V(1)(a)—the decision is taken to be a reviewable decision made by that person in response to an application made by the person or persons who made the application referred to in subsection (2) of this section.

Tribunal is bound by eligibility criteria that governed making of reviewable decision
 (6) In reviewing a reviewable decision, the Tribunal is bound by the eligibility criteria that governed the making of the reviewable decision.
 (7) The regulations may define or otherwise clarify the meaning