Document ID: chunk:federal_register_of_legislation:F2025L00132:schedule:1:p4
Version: federal_register_of_legislation:F2025L00132
Segment Type: schedule
Provision Reference: sch 1 (pt 4/5)
Character Range: 9117–11884

or 164D of the Act.

35F Notice of decision to affirm current determination to participating jurisdictions and institutions
        1.     This section is made for the purposes of subsection 71F(4) of the Act.
        2.     A notice for the purposes of subsection 71F(2) of the Act is not required in circumstances where an institution has ceased to be a participating or partly-participating institution and is not listed under sections 164, 164A, 164B, 164C or 164D of the Act.

     1.         Section 38 Simplified outline of this Part
Repeal the simplified outline, substitute:

      Under the Act, the giving of a security notice about a person causes withdrawal of an application by the person for redress, revocation of any determination made on the application and withdrawal of any offer of redress resulting from the application. The Operator must give notice of that effect to the person and to any institution notified of the determination or offer.
      If, at the time a security notice comes into force in relation to a person, a reassessment of a determination on an application for redress has been agreed to but a decision has not been made, the person is taken to have revoked their agreement to have a reassessment of the determination.
      If, at the time a security notice comes into force in relation to a person, a reassessment of a determination on an application for redress has been agreed to, a new offer of redress has been given but the offer has not been accepted, declined or withdrawn, the new offer is taken to be withdrawn, the reassessment decision is revoked and the person is taken to have revoked their agreement for a reassessment of the determination.

     1.         Section 39
Repeal the heading, and substitute:

 39  Notices about the effect of subsections 71(1), (2), (2A) and (2B) of the Act

     1.    At the end of subsection 39(1)
Insert:

       (c) because of subsection 71(2A) of the Act a person is taken to have revoked their agreement to have the Operator reassess a determination under subsection 71C(1) of the Act;
       (d) because of subsection 71(2B) of the Act:
        (i) the new offer of redress given to the person is taken to be withdrawn; and
       (ii) the reassessment decision made under section 71D is taken to have been revoked by the Operator; and
       (iii) the person is taken to have revoked their agreement to have the Operator reassess the determination under subsection 71C(1).

     1.    At the end of section 39(2)
 Omit ".", substitute ";" and insert:

       (iii) by section 71E of the Act to give notice of the determination of a reassessment decision; or
       (iv) by section 71F of the Act to give notice of the reassessment decision.

     1.    Subsection 39(3)