Document ID: chunk:federal_register_of_legislation:C2004A04274:body:0:p2
Version: federal_register_of_legislation:C2004A04274
Segment Type: other
Provision Reference: 
Character Range: 2709–5754

Insert "or her" after "him".

SCHEDULE 1—continued

Subsections 25(8), (9) and (9A):

Insert "or her" after "him" (wherever occurring).

Paragraph 25(9A)(b):

Insert "or she" after "he".

Subsection 25(11):

Insert "or she" after "he".

Subsections 25(12) and (13):

Insert "or her" after "his" (wherever occurring).

Subsection 25A(1):

Insert "or she" after "he".

Subsection 26(2):

    (a) Insert "or she'" after "he".

    (b) Insert "or her" after "him".

Subsection 26(3):

    (a) Insert "or she" after "he".

    (b) Insert "or her" after "his".

Subsection 26(4):

Insert "or she" after "he" (wherever occurring).

Subsection 27(3A):

Insert "or her" after "him".

Subparagraph 27(5)(a)(iii):

Insert "or her" after "him".

Paragraph 27(5)(b):

Insert "or her" after "him".

Subsection 27(5):

Insert "or her" after "him".

Subsection 27(6):

Insert "or her" after "his".

Section 28:

Omit the section, substitute:

SCHEDULE 1—continued

Ombudsman may refer questions to the AAT

"27A.(1) Where the Ombudsman or Investigation Division is investigating the taking of action under a power, whether conferred by an enactment or otherwise, the Ombudsman may refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Appeals Tribunal if he or she thinks it appropriate.

"(2) If the Ombudsman refers the question to the Tribunal, the Ombudsman must, as soon as practicable, give written notice of the referral to the Commissioner.

"(3) The Tribunal may give an advisory opinion on the question.

Ombudsman may recommend that the Commissioner refer questions to the AAT

"28.(1) Where the Ombudsman or Investigation Division is investigating the taking of action under a power, whether conferred by an enactment or otherwise, the Ombudsman may recommend, in writing, to the Commissioner that the Commissioner refer a specified question about the taking of the action, or the exercise of the power, to the Administrative Appeals Tribunal for an advisory opinion.

"(2) If the Ombudsman makes a recommendation, the Commissioner must refer the question to the Tribunal within 30 days, or such longer period as is agreed to by the Ombudsman and the Commissioner, after the day on which the Commissioner receives the recommendation.

"(3) The Tribunal may give an advisory opinion on the question.

"(4) This section does not limit the Ombudsman's power under section 27A.".

Subsection 28A(3):

Insert "or she" after "he".

Section 29:

Insert "or her" after "him".

Subsection 30(2):

    (a) Insert "or her" after "his" (wherever occurring).

    (b) Insert "or she" after "he".

Subsection 30(3):

    (a) Insert "or her" after "his" (wherever occurring).

    (b) Insert "or she" after "he".

SCHEDULE 1—continued

Subsection 30(4):

Insert "or her" after "him".

Paragraph 31(3)(a):

Insert "or her" after "his".

Paragraph 31(3)(b):

Insert "or she" after "he".

Subsection 31(4):

    (a) Insert "or her" after "him".

    (b) Omit "he", substitute "the Commissioner".

Subsection