Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:11_133:p1
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 11 cl 133 (pt 1/2)
Character Range: 383915–386433

133  Transitional provisions—review of decisions made before commencement day
(1) Subject to subitem (4), if:
 (a) an applicable decision might have been reviewed by the Secretary under section 303 of the SA Act before the commencement day; but
 (b) the Secretary did not so review that decision before that day;
then, on and after that day:
 (c) the Secretary may review that decision; and
 (d) the review and any further review of the decision have effect;
as if the SA Act as in force immediately before that day had continued in force.
(2) Subject to subitem (4), if:
 (a) a person might have applied to the Secretary, the SSAT or the AAT for a review of an applicable decision under Part 9 of the SA Act before the commencement day; but
 (b) the person did not apply for such a review before that day;
then, on and after that day:
 (c) subject to any limitation regarding the time during which such an application must be made under the SA Act as in force immediately before that day, the person may make the application; and
 (d) the application and any review (including any further review) resulting from that application have effect;
as if the SA Act as in force immediately before that day had continued in force.
(3) Subject to subitem (4), if:
 (a) an application to the Secretary, the SSAT or the AAT for a review of an applicable decision under Part 9 of the SA Act was made before the commencement day; and
 (b) the application was not determined before that day;
then, on and after that day, the application and any review (including any further review) resulting from that application have effect as if the SA Act as in force immediately before that day had continued in force.
(4) The Secretary, an authorised review officer, the SSAT or the AAT, when determining a review because of the operation of subitem (1), (2) or (3), may make a decision in relation to the payment of a benefit under the AUSTUDY scheme, a youth training allowance or Financial Supplement only to the extent that the payment is in respect of a period that ends before the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule to enable regulations to be made to modify provisions in this Part of the Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a period ending on 3 July 1998 in specified circumstances.
(5) For the purposes of this item, if an applicable decision was the original decision that has been the subject of a review, or further review, by the Secretary, an