Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p54
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 135373–138076

The Tribunal may, for the purposes of the review of an IRT-reviewable decision, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

  "(2) The Tribunal may:

  (a)     affirm the decision; or

  (b)     vary the decision; or

    (c)     if the decision relates to a prescribed matter—remit the matter for reconsideration in accordance with such directions or recommendations of the Tribunal as are permitted by the regulations; or

  (d)     set the decision aside and substitute a new decision.

  "(3) If the Tribunal:

  (a)     varies the decision; or

  (b)     sets aside the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of appeals from decisions of the Tribunal) to be a decision of the Minister.

"(4) To avoid doubt, the Tribunal must not, by varying a decision or setting a decision aside and substituting a new decision, purport to make a decision that is not authorised by the Act or the regulations.

Review of assessments made under section 30

"120. In reviewing an assessment of the Minister under section 30, the only regulations for the purpose of that section which the Tribunal is to have regard to are whichever of the following are more favourable to the applicant:

    (a)     the regulations for that purpose that were in force at the time the assessment was made by the Minister;

    (b)     the regulations for that purpose that are in force at the time the decision was made by the Tribunal about the assessment.

Minister may substitute more favourable decision

"121.(1) If the Minister thinks that it is in the public interest to do so, the Minister may substitute for a decision of the Tribunal under section 119 another decision, being a decision that is more favourable to the applicant, whether or not the Tribunal had the power to make that other decision.

"(2) In exercising the power under subsection (1), the Minister is not bound by Subdivision AA or AC of Division 2 of Part 2 or by the regulations, but is bound by all other provisions of this Act.

"(3) The power under subsection (1) may only be exercised by the Minister personally.

"(4) If the Minister substitutes a decision under subsection (1), he or she is to cause to be laid before each House of the Parliament a statement that:

  (a)     sets out the decision of the Tribunal; and

  (b)     sets out the decision substituted by the Minister; and

    (c)     sets out the reasons for the Minister's decision, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

  "(5) A statement made under subsection (4)