Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:11_134
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 11 cl 134
Character Range: 386951–389020

134  Transitional provisions—review of decisions made on or after commencement day
(1) Subject to subitem (2), if:
 (a) on or after the commencement day an officer made a decision in relation to the AUSTUDY scheme, or in relation to the Student Financial Supplement Scheme in connection with the AUSTUDY scheme, under:
 (i) Part 6 of the SA Act; or
 (ii) the SA Act as continued in force because of this Part of the Schedule; and
 (b) apart from the amendments to that Act made by this Schedule, a person would have a right to apply to the Secretary, the SSAT or the AAT under the SA Act for a review of that decision;
the person has that right as if the SA Act as in force immediately before the commencement day had continued in force.
(2) The Secretary, an authorised review officer, the SSAT or the AAT, when determining a review because of the operation of subitem (1), may make a decision in relation to the payment of a benefit under the AUSTUDY scheme or the payment of a financial supplement only to the extent that the payment is in respect of a period that ends before the commencement day.
Note: Section 56 of the SA Act is amended by this Schedule to enable regulations to be made to modify provisions in this Part of the Schedule so as to allow payments of AUSTUDY benefit to be made to a person for a period ending on 3 July 1998 in specified circumstances.
(3) For the purposes of this item, if a decision referred to in paragraph (1)(a) was the original decision that has been the subject of a review, or further review, by the Secretary, an authorised review officer, the SSAT or the AAT in accordance with the SA Act, a reference in subitem (1) to that decision includes a reference to:
 (a) if a decision has been affirmed in connection with that review or further review—the decision as affirmed; or
 (b) if a decision has been varied in connection with that review or further review—the decision as varied; or
 (c) if a decision has been set aside and a new decision substituted in connection with that review or further review—the new decision.