Document ID: chunk:federal_register_of_legislation:C2024C00469:section:37:p2
Version: federal_register_of_legislation:C2024C00469
Segment Type: section
Provision Reference: s 37 (pt 2/2)
Character Range: 49390–50679

ruling.
 (5) A ruling given in relation to conduct engaged in by a member or any other person ceases to be conclusive evidence of the matters stated in the ruling to the extent that:
 (a) the contrary is established by the member; or
 (b) the Chief Executive Officer of IPEA establishes, on behalf of the Commonwealth, that the ruling was given on the basis of information that was false or misleading (whether or not the person giving the information knew or intended the information to be false or misleading).
 (6) Without limiting subsection 33(3) of the Acts Interpretation Act 1901, IPEA may make another ruling in relation to conduct engaged in if a matter relating to the conduct is established as referred to in paragraph (5)(a) or (b).

Legislative instrument status
 (7) A ruling given under this section is not a legislative instrument.

Regulations may provide in relation to rulings
 (8) The regulations may make provision in relation to rulings given under this section.

Former members
 (9) This section applies after a person ceases to be a member in relation to conduct engaged in while the person was a member as if:
 (a) a reference to a member included a reference to a former member; and
 (b) paragraph (3)(b) were omitted.

Division 3—Public resources penalty scheme