Document ID: chunk:federal_register_of_legislation:C2024C00866:section:175:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 175 (pt 1/2)
Character Range: 1718603–1721322

175  Applications for review
 (1) If:
 (a) a decision of the Commission has been reviewed by the Board upon an application made under section 135 or 135A; and
 (b) either:
 (i) the Board affirms or varies the decision; or
 (ii) the Board sets aside the decision in circumstances where subparagraph 139(3)(c)(i) or (ii) applies;
applications may be made to the Administrative Review Tribunal for review of the decision of the Board.
 (1AA) For the purposes of subsection (1), the decision made by the Board is taken to be:
 (a) if the Board affirms a decision—that decision as affirmed; or
 (b) if the Board varies a decision—that decision as varied; or
 (c) if the Board sets aside a decision in circumstances where subparagraph 139(3)(c)(i) or (ii) applies—the decision made by the Board in substitution for the decision so set aside.
 (1A) If the Commission under section 13AG makes a decision that a verification determination should not be made in respect of a person, the person may apply to the Administrative Review Tribunal for a review of the decision.
 (2) Where the Commission, under section 57B, affirms a decision of the Commission referred to in section 57 or sets it aside and substitutes another decision for it, a person may apply to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.
 (2A) If the Commission, under section 64C, affirms a decision of the Commission referred to in that section or sets it aside and substitutes another decision, a person may apply to the Administrative Review Tribunal for review of the decision so affirmed or substituted.
 (2B) If the Commission under section 79U:
 (a) affirms a decision of the Commission referred to in subsection 79T(1); or
 (b) sets it aside and substitutes another decision for it;
a person may apply to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.
 (2C) If the Commission, under section 93ZB, affirms a decision of the Commission referred to in section 93Z or sets it aside and substitutes another decision, a person may apply to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.
 (2D) If the Commission, under section 118ZU, affirms a decision of the Commission referred to in section 118ZS or sets it aside and substitutes another decision for it, a person may apply to the Administrative Review Tribunal for a review of the decision so affirmed or substituted.
 (2E) A person's right to apply to the Administrative Review Tribunal under any of subsections (1A) to (2D) is subject to section 34 of the Administrative Review Tribunal Act 2024.
Note: Section 34 of the Administrative Review Tribunal Act 2024 deals