Document ID: chunk:federal_register_of_legislation:C2014A00074:clause:4_138a
Version: federal_register_of_legislation:C2014A00074
Segment Type: clause
Provision Reference: sch 4 cl 138A
Character Range: 6817–8041

138A  Board may remit matters to Commission for further consideration
 (1) At any stage of a review of a decision of the Commission, the Board may remit the decision to the Commission for the Commission to reconsider the decision.

Role of Commission
 (2) If a decision is remitted to the Commission, the Commission must reconsider the decision and must:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) set aside the decision and make a new decision in substitution for the decision set aside.
 (3) If the Commission affirms the decision, the review resumes.
 (4) If the Commission varies the decision:
 (a) the application for review is taken to be an application for review of the decision as varied; and
 (b) the person who made the application may:
 (i) proceed with the application for review of the decision as varied; or
 (ii) withdraw the application.
 (5) If the Commission sets aside the decision and makes a new decision in substitution for the decision set aside:
 (a) the application is taken to be an application for review of the new decision; and
 (b) the person who made the application may:
 (i) proceed with the application for review of the new decision; or
 (ii) withdraw the application.