Document ID: chunk:federal_register_of_legislation:C2025C00163:section:303
Version: federal_register_of_legislation:C2025C00163
Segment Type: section
Provision Reference: s 303
Character Range: 202970–204461

303  Secretary may review decisions

Decisions that Secretary may review
 (1) The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.

Decisions that are not reviewed
 (2) Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary's powers under section 327 to settle proceedings before the ART.
 (2A) Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.

Applications to ART
 (3) The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision.

Secretary may affirm, vary or substitute
 (4) The Secretary may:
 (a) affirm the decision; or
 (b) vary the decision; or
 (c) set the decision aside and substitute a new decision.

Notice to ART Principal Registrar
 (6) If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary's decision to the ART Principal Registrar.

Event taken to have occurred
 (7) If:
 (a) the Secretary sets a decision aside under subsection (4); and
 (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.