Document ID: chunk:federal_register_of_legislation:C2004A02936:schedule:3:p14
Version: federal_register_of_legislation:C2004A02936
Segment Type: schedule
Provision Reference: sch 3 (pt 14/18)
Character Range: 98250–101292

which those findings were based and gives reasons for its decision;
     (b) shall give a copy of the statement to each party to the proceedings; and
     (c) shall not review the primary decision.
"(3) Where a Tribunal refuses to affirm a procedural decision in relation to a primary decision, the Tribunal shall review the primary decision.".

Sub-section 26 (1)4—
     (a) Omit "decision of an authorized person", substitute "primary decision".
     (b) Omit "in writing".

Paragraph 26 (1) (a)—
Insert "primary" before "decision".

Paragraph 26 (1) (b)—
Insert "primary" before "decision".

Paragraph 26 (1) (c)—
Insert "primary" before "decision" (first and last occurring).

Sub-section 26 (2)—
Omit the sub-section, substitute the following sub-section:
"(2) The Tribunal shall set out its decision in a statement in writing that also sets out the findings on material questions of fact, refers to the evidence or other material on which those findings were based and gives reasons for the decision, and shall give a copy of the statement to each party to the proceedings.".

Sub-section 26 (3)—
Omit the sub-section, substitute the following sub-section:
"(3) A primary decision as varied by a Tribunal, or a decision made by a Tribunal in substitution for a primary decision, shall, for the purposes of this Act, other than this Part, be deemed to be a decision of an authorized person and, unless the Tribunal otherwise directs, shall be deemed to have had effect on and from the day on which the primary decision had effect or was deemed to have had effect.".

Sub-section 27 (2)—
Omit "he", substitute "the party".

Sub-section 27 (5)—
     (a) Omit "Chairman" (wherever occurring), substitute "Chairperson".
     (b) Omit "of an authorized person", substitute "under this Act".
     (c) Omit "decision of the authorized person", substitute "first-mentioned decision".

Section 28—
Omit "not being a legal practitioner".

Paragraph 29 (2) (b)—
Insert "Chairperson of the" before "Tribunal" (third occurring).
SCHEDULE—continued

Paragraph 29 (2) (c)—
Insert "Chairperson of the" before "Tribunal" (third occurring).

Paragraph 29 (3) (b)—
Insert "Chairperson of the" before "Tribunal" (third occurring).

Sub-section 29 (3)—
Insert "Chairpersons of" before "Tribunals" (second-last occurring).

Section 29a—
Omit "his", substitute "a".

Sub-section 30 (1)—
Omit "his office", substitute "the office of member".

After Division 4 of Part V—
Insert the following Division:

"Division 5—Review by Administrative Appeals Tribunal

Interpretation—
"30aa. In this Division, unless the contrary intention appears—
     'administering Department' means the Department administered by the Minister administering the Student Assistance Act 1973;
     'reviewable decision' means—
         (a) a primary decision that has been affirmed by a Student Assistance Review Tribunal as the result of a review under sub-section 26 (1);
         (b) a primary decision as varied by a Student Assistance Review Tribunal as the result of a review under