Document ID: chunk:federal_register_of_legislation:C2014A00074:clause:4_38
Version: federal_register_of_legislation:C2014A00074
Segment Type: clause
Provision Reference: sch 4 cl 38
Character Range: 28881–29739

38  Subsection 175(1)
Repeal the subsection, substitute:
 (1) If:
 (a) a decision of the Commission has been reviewed by the Board upon an application made under section 135; 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 Appeals 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.