Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152cf:p1
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152CF (pt 1/2)
Character Range: 67408–70122

152CF  Functions and powers of Tribunal

Decision on review

 (1) On a review of a decision of the Commission under subsection 152BU(2), 152BY(3), 152CBC(2) or 152CBG(3), the Tribunal may make a decision:
 (a) in any case—affirming the Commission's decision; or
 (b) in the case of a review of a decision of the Commission under subsection 152BU(2) or 152CBC(2) to accept an undertaking—setting aside the Commission's decision; or
 (c) in the case of a review of a decision of the Commission under subsection 152BU(2) or 152CBC(2) to reject an undertaking—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, to accept the undertaking; or
 (d) in the case of a review of a decision of the Commission under subsection 152BY(3) or 152CBG(3) to accept a variation of an undertaking—setting aside the Commission's decision; or
 (e) in the case of a review of a decision of the Commission under subsection 152BY(3) or 152CBG(3) to reject a variation of an undertaking—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, to accept the variation;
and, for the purposes of the review, the Tribunal may perform all the functions and exercise all the powers of the Commission.

 (2) A decision by the Tribunal:
 (a) affirming a decision of the Commission; or
 (b) setting aside a decision of the Commission; or
 (c) made in substitution for a decision of the Commission;
is taken, for the purposes of this Act (other than section 152CE or this section), to be a decision of the Commission.

Conduct of review

 (3) For the purposes of a review by the Tribunal, the member of the Tribunal presiding at the review may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

 (4) For the purposes of a review, the Tribunal may have regard only to:
 (a) any information given, documents produced or evidence given to the Commission in connection with the making of the decision to which the review relates; and
 (b) any other information that was referred to in the Commission's reasons for making the decision to which the review relates.

Tribunal to make decision within 6 months

 (5) If:
 (a) a person applies to the Tribunal for a review of a decision of the Commission under subsection 152BU(2), 152BY(3), 152CBC(2) or 152CBG(3); and
 (b) the Tribunal does not make a decision under subsection (1) of this section on the review within 6 months after receiving the application for review;
the Tribunal is taken to have made, at the end of that 6‑month period, whichever of the following decisions is applicable:
 (c) in