Document ID: chunk:federal_register_of_legislation:C2025C00163:section:306
Version: federal_register_of_legislation:C2025C00163
Segment Type: section
Provision Reference: s 306
Character Range: 207099–208533

306  Powers of Secretary or authorised review officer if application for review

Secretary or review officer may affirm, vary or substitute
 (1) If an application for review of a decision is made under subsection 304(1), the Secretary or an authorised review officer must:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.

Notice to applicant
 (2) If a person makes a decision under subsection (1), the person must give the applicant written notice of the decision.
Note: Meaning of given—sections 28A and 29 of the Acts Interpretation Act 1901 provide that a notice is given:
               (a) to a natural person if the notice is:
                    * delivered personally; or
                    * left at the last known address of the person; or
                    * sent by prepaid post to the last known address of the person; and
               (b) to a body corporate if the notice is left at, or sent by prepaid post to, the head office or a registered office or a principal office of the body corporate.

Event taken to have occurred
 (3) If:
 (a) a person sets a decision aside under subsection (1); 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.