Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_114
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 114
Character Range: 77254–78649

114  Subsections 151CJ(1) and (2)
Repeal the subsections, substitute:

Decision on review

 (1) On a review of a decision of the Commission of a kind mentioned in section 151CI, the Tribunal may make a decision:
 (a) in any case—affirming the Commission's decision; or
 (b) in the case of a review of a decision of the Commission under section 151BA refusing to make an exemption order—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, making an exemption order; or
 (c) in the case of a review of a decision of the Commission under section 151BG to revoke an exemption order—setting aside the Commission's decision; or
 (d) in the case of a review of a decision of the Commission under section 151BQ, 151BUA, 151BUB or 151BUC—setting aside or varying the Commission's decision;
and, for the purposes of the review, the Tribunal may perform all the functions and exercise all the powers of the Commission.

 (2) A decision by the Tribunal:
 (a) affirming a decision of the Commission; or
 (b) setting aside a decision of the Commission; or
 (c) made in substitution for a decision of the Commission; or
 (d) varying a decision of the Commission;
is taken, for the purposes of this Act (other than this Division), to be a decision of the Commission.

Note: The following heading to subsection 151CJ(3) is inserted "Conduct of review".