Document ID: chunk:federal_register_of_legislation:C2004A02936:schedule:3:p15
Version: federal_register_of_legislation:C2004A02936
Segment Type: schedule
Provision Reference: sch 3 (pt 15/18)
Character Range: 101055–103809

decision that has been affirmed by a Student Assistance Review Tribunal as the result of a review under sub-section 26 (1);
         (b) a primary decision as varied by a Student Assistance Review Tribunal as the result of a review under sub-section 26 (1); or
         (c) a decision that has been made by a Student Assistance Review Tribunal in substitution for a primary decision as the result of a review under sub-section 26 (1),
     but does not include a decision relating to the approval of a period for the making of a request under sub-section 22 (1);
     'section 22 notice', in relation to a reviewable decision, means the notice given by an authorized person pursuant to sub-section 22 (5) in relation to the primary decision to which the reviewable decision relates;
     'section 26 statement', in relation to a reviewable decision, means the statement made by a Student Assistance Review Tribunal pursuant to sub-section 26 (2) in relation to the review of the primary decision to which the reviewable decision relates;
     'Tribunal Act' means the Administrative Appeals Tribunal Act 1975.

Review by Administrative Appeals Tribunal
"30ab. An application may be made to the Administrative Appeals Tribunal for a review of a reviewable decision.

Operation of Tribunal Act
"30ac. (1) The Tribunal Act applies in relation to reviewable decisions as if paragraph 25 (3) (a) of that Act were omitted.
SCHEDULE—continued

"(2) For the purposes of the operation of the Tribunal Act in relation to a reviewable decision, the Permanent Head of the administering Department shall be taken to be the person who made the reviewable decision.
"(3) For the purposes of the operation of section 27 of the Tribunal Act, the interests of the Permanent Head of the administering Department shall be taken to be affected by a reviewable decision.
"(4) Section 28 of the Tribunal Act does not apply in respect of reviewable decisions, but a person (other than the Permanent Head of the administering Department) who is entitled to apply to the Administrative Appeals Tribunal for a review of a reviewable decision may, if the person has not received a section 22 notice in relation to the reviewable decision, request the Permanent Head of the administering Department to give the person a copy of the section 22 notice in relation to the reviewable decision or, if there is no such notice in relation to the reviewable decision, a statement setting out—
     (a) the opinion, in relation to the reviewable decision, of the Permanent Head; and
     (b) the Permanent Head's reasons for forming that opinion,
and the Permanent Head shall, as soon as practicable but in any case within 28 days after receiving a request under this section, comply with the