Document ID: chunk:federal_register_of_legislation:F2024C00984:reg:83:p1
Version: federal_register_of_legislation:F2024C00984
Segment Type: reg
Provision Reference: reg 83 (pt 1/2)
Character Range: 150384–153139

83  Review of decisions made under the old Regulations
 (1) Without limiting its operation apart from this section, Part 8 of this instrument applies, as modified under subsections (2) to (4) of this section, in relation to a reviewable decision that was made under the old Regulations.
 (2) For the purposes of applying Part 8 of this instrument in relation to a reviewable decision that was made under the old Regulations:
 (a) section 71 of this instrument applies as if it included a reference to each decision referred to in regulation 6.1A of the old Regulations; and
 (b) subparagraph 73(2)(a)(i) of this instrument applies as if "this instrument" were omitted and "the old Regulations" were substituted; and
 (c) subsection 74(1) of this instrument applies as if "subsection (2)" were omitted and "subregulation 6.3(2) of the old Regulations" were substituted; and
 (d) subsection 76(1) of this instrument applies as if it also provided that applications may be made to the Administrative Review Tribunal for review of a decision under paragraph 6.2(5)(a) of the old Regulations of the further reviewer referred to in that paragraph.
 (3) If:
 (a) the Secretary had made a reviewable decision referred to in paragraph 6.1A(b), (d) or (g) of the old Regulations; and
 (b) the Secretary had not, before the commencement day, given the person to whom the reviewable decision relates the information required by section 6.1 of the old Regulations in relation to the reviewable decision;
section 72 of this instrument applies as if the reference to a reviewable decision in subsection (1) of that section were a reference to a reviewable decision referred to in paragraph 6.1A(b), (d) or (g) of the old Regulations.
Note: The effect of this subsection is that the Secretary will be required to comply with section 72 of this instrument in relation to the reviewable decision.
 (4) If:
 (a) the Secretary was required to notify a person under regulation 6.4 of the old Regulations about an underpayment or an overpayment that has occurred as a result of a reviewable decision referred to in that regulation; and
 (b) the Secretary had not, before the commencement day, notified the person as required by that regulation;
section 75 of this instrument applies as if:
 (c) the reference to paragraph 73(3)(b) of this instrument were a reference to paragraph 6.2(3)(b) of the old Regulations; and
 (d) the reference to paragraph 73(5)(a) of this instrument were a reference to paragraph 6.2(5)(a) of the old Regulations; and
 (e) the reference to subsection 74(2) of this instrument were a reference to subregulation 6.3(2) of the old Regulations.
Note: The effect of this subsection is that the Secretary will be required to comply with section 75 of this