Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p66
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 165974–168750

the decision and substitutes a new decision;

the decision as varied or substituted is taken (except for the purpose of appeals from decisions of the Tribunal) to be a decision of the Minister.

"(4) To avoid doubt, the Tribunal must not, by varying a decision or setting a decision aside and substituting a new decision, purport to make a decision that is not authorised by the Act or the regulations.

Only new information to be considered in later applications for review

  "166BD. If a non-citizen who has made:

    (a)     an application for review of an RRT-reviewable decision that has been determined by the Tribunal or the Administrative Appeals Tribunal; or

    (b)     applications for reviews of RRT-reviewable decisions that have been determined by the Tribunal or the Administrative Appeals Tribunal;

makes a further application for review of an RRT-reviewable decision, the Tribunal, in considering the further application:

    (c)     is not required to consider any information considered in the earlier application or an earlier application; and

  (d)     may have regard to, and take to be correct, any decision that

     the Tribunal or the Administrative Appeals Tribunal made about or because of that information.

Minister may substitute more favourable decision

"166BE.(1) If the Minister thinks that it is in the public interest to do so, the Minister may substitute for a decision of the Tribunal under section 166BC another decision, being a decision that is more favourable to the applicant, whether or not the Tribunal had the power to make that other decision.

"(2) In exercising the power under subsection (1), the Minister is not bound by Subdivision AA or AC of Division 2 of Part 2 or by the regulations, but is bound by all other provisions of this Act.

"(3) The power under subsection (1) may only be exercised by the Minister personally.

"(4) If the Minister substitutes a decision under subsection (1), he or she must cause to be laid before each House of the Parliament a statement that:

  (a)     sets out the decision of the Tribunal; and

  (b)     sets out the decision substituted by the Minister; and

     (d) sets out the reasons for the Minister's decision, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

  "(5) A statement made under subsection (4) is not to include:

  (a)     the name of the applicant; or

  (b)     any information that may identify the applicant; or

    (c)     if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person or any information that may identify that other person.

"(6) A statement under