Document ID: chunk:federal_register_of_legislation:C2024C00866:section:176:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 176 (pt 1/3)
Character Range: 1722786–1725444

176  Application of Administrative Review Tribunal Act
 (1) The Administrative Review Tribunal Act 2024 applies to an application for review of a reviewable decision by the Board under Division 3 of Part IX of this Act as if references in the following provisions of that Act to the decision‑maker for the decision the subject of the application were instead references to the Commission:
 (a) paragraph 21(2)(b);
 (b) Subdivision B of Division 4 of Part 3;
 (c) paragraph 31(2)(b);
 (d) section 54;
 (e) section 56;
 (f) section 60;
 (g) paragraph 61(1)(b);
 (ga) paragraph 61(1A)(b);
 (h) paragraph 65(2)(b);
 (i) subsection 73(3);
 (j) subsection 79(3);
 (k) section 85;
 (l) paragraph 105(c);
 (m) subsection 108(2);
 (n) paragraph 126(2)(b);
 (o) paragraph 129(2)(b).
 (2) For the purposes of the application of section 17 of the Administrative Review Tribunal Act 2024 to and in relation to a reviewable decision:
 (a) if that decision is a decision of the Commission as varied by the Board—the Commission shall be taken to be a person whose interests are affected by that reviewable decision; and
 (b) if the Board has set aside a decision of the Commission under section 19 or 31 of this Act and made another decision in substitution for the decision so set aside—the Commission shall be taken to be a person whose interests are affected by the decision of the Board to set aside the decision of the Commission and by the decision of the Board made in substitution for the decision so set aside.
 (3) Section 268 of the Administrative Review Tribunal Act 2024 does not apply to or in relation to a person whose interests are affected by a reviewable decision:
 (a) in the case of a decision of a kind referred to in paragraph 175(1AA)(a) or (c) or in subsection 175(2), (2A), (2D) or (4)—if the person has been served with a copy of that decision and with the statement related to that decision in accordance with section 34, 57E, 64F, 118ZX or 140 of this Act, whichever was applicable; or
 (b) in the case of a decision of a kind referred to in paragraph 175(1AA)(b)—if the person has been served with copies of the decision made by the Commission and of the decision made by the Board varying that decision made by the Commission, and with the respective statements related to those decisions, in accordance with section 34 or 140 of this Act, whichever was applicable.
 (4) Despite section 18 of the Administrative Review Tribunal Act 2024, an application to the Administrative Review Tribunal for review of a decision must be made within the period of 3 months after the applicant is given a document setting out the terms of the decision.
 (4A)