Document ID: chunk:federal_register_of_legislation:C2024C00813:section:110w:p1
Version: federal_register_of_legislation:C2024C00813
Segment Type: section
Provision Reference: s 110W (pt 1/2)
Character Range: 326230–328620

110W  Determining when decisions become final

ART decisions for which there is no further ART review
 (1) For the purposes of the Assessment Act and this Act, if:
 (a) a decision is a decision of the ART on ART review; and
 (b) no application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and
 (c) an appeal may be made to a court in relation to the decision under the ART Act; and
 (d) an appeal is not made within the period for doing so;
the decision becomes final at the end of that period.

ART decisions for which further ART review is available
 (1A) For the purposes of the Assessment Act and this Act, if:
 (a) a decision is a decision of the ART on ART review; and
 (b) an application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and
 (c) an application is not made within the period for doing so;
the decision becomes final at the end of that period.

Full Court of the Federal Circuit and Family Court of Australia (Division 1)
 (2) For the purposes of this Act, if:
 (a) a decision is a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1); and
 (b) an application may be made for special leave to appeal to the High Court within the period of 30 days after the making of the decision; and
 (c) an application is not made within that period;
the decision becomes final at the end of that period.

Other courts
 (3) For the purposes of this Act, if:
 (a) a decision is a decision of a court (other than a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1)) under Part VIII; and
 (b) an application may be made for leave to appeal against the decision; and
 (c) an application is not made within the period for doing so;
the decision becomes final at the end of that period.

Registrar
 (4) For the purposes of the Assessment Act and this Act, if:
 (a) a decision is a decision of the Registrar under the Assessment Act or this Act; and
 (b) any of the following applies:
 (i) an objection to the decision may be lodged with the Registrar under Part VII of this Act;
 (ii) an application may be made to the ART for review of that decision;
 (iia) an application may be made under section 123 of the ART Act to refer the decision of the ART