Document ID: chunk:federal_register_of_legislation:C2004A02936:schedule:3:p10
Version: federal_register_of_legislation:C2004A02936
Segment Type: schedule
Provision Reference: sch 3 (pt 10/18)
Character Range: 87817–90630

substitute "the member".
SCHEDULE—continued

Section 21—
Repeal the section, substitute the following section:

Resignation
"21. A member of a Tribunal may resign from the office of member by writing signed by the member delivered to the Minister.".

Heading to Division 3 of Part V—
Omit the heading, substitute the following heading:

"Division 3—Consideration by Senior Authorized Person".

Section 22—
Repeal the section, substitute the following section:

Consideration by senior authorized person
"22. (1) Where—
     (a) a person who has made an application for student assistance is dissatisfied with a decision of an authorized person (not being a procedural decision) relating to the application; or
     (b) a person who has been granted student assistance is dissatisfied with a decision of an authorized person relating to the student assistance (including any decision with respect to benefit under the student assistance or with respect to any suspension or revocation of the student assistance but not including a procedural decision),
the person may, by notice in writing given to the authorized person not later than 30 days after the day on which the decision first comes to the person's notice, or within such further period as the authorized person approves, request the authorized person to arrange for a senior authorized person to consider the decision.
"(2) There shall be set out in a request under this section the grounds on which it is made.
"(3) An authorized person who receives a request under sub-section (1) to arrange for a senior authorized person to consider a decision shall, as soon as practicable, arrange for a senior authorized person to consider the decision and the senior authorized person shall, as soon as practicable but in any case within 60 days after receipt of the request by the first-mentioned authorized person, consider the decision and—
     (a) affirm the decision;
     (b) vary the decision; or
     (c) set the decision aside and make a decision in substitution for the decision so set aside.
"(4) A decision of an authorized person as varied by a senior authorized person, or a decision made by a senior authorized person in substitution for a decision of an authorized person, shall, unless the senior authorized person otherwise directs, be deemed to have had effect on and from the day on which the decision of the authorized person had effect.
"(5) A senior authorized person who considers a decision of an authorized person pursuant to a request made under sub-section (1) shall give the person who made the request notice in writing of the result of the consideration setting out the findings on
SCHEDULE—continued

material questions of fact, referring to the evidence or other material on which those findings were based and giving reasons for