Document ID: chunk:federal_register_of_legislation:C2016A00021:clause:1_42
Version: federal_register_of_legislation:C2016A00021
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 12970–14107

42  Review of certain refusals given before commencement day
(1) This item applies in relation to a person if:
 (a) before the commencement day, the person's application for a payment under the BSWAT payment scheme was refused because of a determination (the original determination) that the payment amount for the person was nil; and
 (b) the person has not applied for review of the determination or has withdrawn any such application.
(2) The Secretary must, as soon as practicable after the commencement day, review, under section 23 of the BSWAT Act, the original determination, on the basis that the payment amount for the person is to be worked out using the 70% principle.
Note: If the payment amount worked out on review is more than nil, the Secretary must substitute a new determination of the payment amount (see subsection 23(3) of the BSWAT Act) and make an offer to the person under section 19 of the BSWAT Act.
(3) Subitem (2) applies even if paragraph 23(2)(c) of the BSWAT Act would otherwise prevent the Secretary from reviewing the determination (no review of a determination made or affirmed by external reviewer).