Document ID: chunk:federal_register_of_legislation:C2025C00140:clause:1_7:p3
Version: federal_register_of_legislation:C2025C00140
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 3/10)
Character Range: 613994–616802

*reviewer must reconsider the decision and:
 (a) confirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.
 (4A) Despite subsection (4), the *reviewer is not required to reconsider the decision if:
 (a) the decision was made under paragraph 166‑26B(2)(b); and
 (b) the person gave notice in writing, under paragraph 166‑26B(8)(c), that the person would not seek reconsideration of the decision.
 (5) The *reviewer's decision (the decision on review) to confirm, vary or set aside the decision takes effect:
 (a) on the day specified in the decision on review; or
 (b) if a day is not specified—on the day on which the decision on review was made.
 (5A) The *reviewer must give the person written notice of the decision on review.
 (5B) The notice:
 (a) must be given within a reasonable period after the decision on review is made; and
 (b) must contain a statement of the reasons for the decision on review.
 (6) The *reviewer is taken, for the purposes of this Part, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person's request.
Note: Section 266 of the Administrative Review Tribunal Act 2024 requires the person to be notified of the person's review rights.

Division 212—Which decisions are subject to ART review?

212‑1  ART review of reviewable decisions
 (1) An application may be made to the Administrative Review Tribunal for the review of a *reviewable decision that has been confirmed, varied or set aside under section 209‑5 or 209‑10.
 (2) Despite subsection (1), an application cannot be made for the review of a decision made under paragraph 166‑26B(2)(a) or (b) (about suitable replacement courses).

Part 5‑8—Regulatory powers

215‑1  What this Part is about

      Certain persons have monitoring and investigation powers under the Regulatory Powers Act to ensure this Act is being complied with.
      This Part also provides for the application of the Regulatory Powers Act in relation to civil penalties, infringement notices, enforceable undertakings and injunctions.

215‑5  Monitoring powers
 (1) The provisions of this Act (other than Schedule 1A) are subject to monitoring under Part 2 of the *Regulatory Powers Act.
Note 1: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act has been complied with. It includes powers of entry and inspection.
Note 2: Schedule 1A of this Act contains separate monitoring and investigation powers in relation to matters dealt with in that Schedule: see Subdivision 5A‑C of that Schedule.
 (2) Information given in compliance or purported compliance with a provision mentioned in subsection (1) is subject to monitoring under Part 2 of the *Regulatory Powers Act.
Note: