Document ID: chunk:federal_register_of_legislation:C2012A00205:clause:1_106
Version: federal_register_of_legislation:C2012A00205
Segment Type: clause
Provision Reference: sch 1 cl 106
Character Range: 35698–37751

106  Transitional—completion of reviews by Review Panel

Reviews started but not completed
(1) If, before the commencement of this item, the Review Officer had started to conduct a review but had not completed the review by that commencement, then the following apply:
 (a) after that commencement, the Senior Member of the Review Panel must give a direction under section 269ZYA of the amended Act constituting the Review Panel for the purposes of the review;
 (b) the Review Panel, as so constituted, must complete the review under the amended Act and for that purpose:
 (i) the Review Panel may have regard to any record of the proceedings of the review made by the Review Officer before that commencement; and
 (ii) anything done by, or in relation to, the Review Officer for the purpose of the review is taken to have been done by, or in relation to, the Review Panel.

Reviews not yet started
(2) If, before the commencement of this item, an application for review had been properly made to the Review Officer but the Review Officer had not started to conduct the review by that commencement, then the following apply:
 (a) after that commencement, the Review Panel must deal with the application and conduct the review under the amended Act as if the application had been properly made under the amended Act;
 (b) for that purpose, anything done by, or in relation to, the Review Officer after the making of the application is taken to have been done by, or in relation to, the Review Panel.

Timing of review
(3) If:
 (a) subitem (1) or (2) applies; and
 (b) before the commencement of this item, the Review Officer gave public notification of the review under section 269ZZI of the Customs Act 1901;
then, for the purposes of subparagraph 269ZZK(3)(b)(i) and subsection 269ZZL(1) of the amended Act, the day of that notification is taken to be the day this item commences.
Note: Subitem (3) deals with when the Review Panel must complete the review.

Definition
(4) In this item:
amended Act means the Customs Act 1901 as amended by this Act.