Document ID: chunk:federal_register_of_legislation:C2024C00613:section:71h
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 71H
Character Range: 162253–164322

71H  Accepting or declining the new offer of redress
 (1) This section applies if:
 (a) the reassessment decision is to set aside the current determination and substitute a new determination; and
 (b) the Operator has given the reassessee a new offer of redress under subsection 71G(2).
 (2) Subject to section 71J, the following provisions apply in relation to the new offer of redress and the new determination in the same way as they apply to an offer of redress and a determination on an application for redress:
 (a) section 40 (acceptance period for offers of redress);
 (b) Division 3 of Part 2‑4 (accepting or declining offers of redress), other than sections 44, 44A and 46B.
 (3) For the purposes of applying provisions under subsection (2), apply those provisions in relation to the new offer of redress, subject to the following:
 (a) treat a reference to a provision of this Act as a reference to that provision as it applies in relation to the new offer of redress or the reassessment decision because of this Part;
 (b) treat the reference in paragraph 45(1)(c) to "the person will not be able to make another application for redress under the scheme" as a reference to "there will be no change to the existing arrangements (including those arising out of the acceptance or declining of the offer of redress made based on the current determination)";
 (c) treat the reference in section 46 to each institution that was notified under section 41 of the offer as a reference to each institution that was notified under paragraph 71B(4)(a) or (c);
 (d) treat the reference in subsection 46A(1) to each participating jurisdiction (if any) that was notified under section 41A of the offer as a reference to each participating jurisdiction (if any) that was notified under paragraph 71B(4)(b) or (d).
 (4) If the reassessee declines the new offer of redress:
 (a) the current determination, and anything done based on the current determination, is not affected; and
 (b) the new determination has no effect from the time the new offer of redress is declined.