Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p63
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 63/66)
Character Range: 191560–194153

if, at any time during the ART's review of an objection decision, the ART is satisfied that documents that may be relevant to the review are in the possession or under the control of the decision‑maker of the objection decision, the Tribunal may require the decision‑maker to give a list of those documents to the Tribunal within a specified period.
 (6) To avoid doubt, the ART's power in subsection (5) of this section is in addition to the ART's power in section 26 (decision‑maker must give Tribunal additional documents on request—general rule) of the ART Act.
 (7) For the purposes of the ART Act:
 (a) the requirement to give a statement giving the reasons for the decision under paragraph (2)(a) of this section is taken to be the requirement to give a statement of reasons for the decision under paragraph 23(a) of that Act; and
 (b) the requirement to give other documents under subsection (2), (4) or (5) of this section is taken to be the requirement to give other documents under Subdivision B of Division 4 of Part 3 of that Act; and
 (c) a statement giving the reasons for a decision, given under subsection (2) of this section, is taken to have been given under paragraph 23(a) of that Act; and
 (d) any other document, given under subsection (2), (4) or (5) of this section, is taken to have been given under Subdivision B of Division 4 of Part 3 of that Act.
Note: As a result of this subsection, the decision‑maker must, under section 27 of the ART Act, give a copy of the statement or documents to each other party to the proceedings within the relevant period. Also, exceptions under sections 28 and 29 of that Act in relation to giving documents might apply, and under section 24 of that Act the ART may order the decision‑maker to give the ART further information.

165‑30  Grounds of objection and burden of proof
  On an application for review of an objection decision:
 (a) the applicant is, unless the ART orders otherwise, limited to the grounds stated in the objection to which the objection decision relates; and
 (b) the applicant has the burden of proving that the administrative decision concerned should not have been made or should have been made differently.

165‑35  Implementation of ART decisions
 (1) When the decision of the ART on the review of an objection decision or an extension of time refusal decision becomes final, the Commissioner must, within 60 days, take such action as is necessary to give effect to the ART's decision.
 (2) For the purposes of subsection (1), if:
 (a) no appeal is lodged against the ART's decision within the period for