Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_137:p2
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 137 (pt 2/2)
Character Range: 780542–782202

of the second determination was given; and
 (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and
 (g) the review decision, or the effect of the review decision, is:
 (i) to set aside the second determination; or
 (ii) to affirm a decision setting aside the second determination.
 (4) This section has effect if:
 (a) the Secretary makes a determination (the first determination) that:
 (i) a person's claim for a concession card is granted; or
 (ii) a person is qualified for a concession card; and
 (b) the Secretary makes a determination (the second determination) cancelling the concession card; and
 (c) notice of the second determination is given to the person; and
 (d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and
 (e) the decision of the Secretary on the review is to set aside the second determination; and
 (f) the decision is made more than 13 weeks after notice of the second determination was given.
 (5) If this section has effect:
 (a) the second determination does not become void from the time when it was made; and
 (b) the mere setting aside of the second determination does not of itself revive the first determination.
 (6) For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination) if:
 (a) the person applies for review of another determination or decision; and
 (b) a review of the primary determination is necessary to resolve the issues raised by the review of that other determination or decision.