Document ID: chunk:federal_register_of_legislation:C2004A02936:schedule:3:p16
Version: federal_register_of_legislation:C2004A02936
Segment Type: schedule
Provision Reference: sch 3 (pt 16/18)
Character Range: 103573–106291

of the Permanent Head; and
     (b) the Permanent Head's reasons for forming that opinion,
and the Permanent Head shall, as soon as practicable but in any case within 28 days after receiving a request under this section, comply with the request.
"(5) Sub-sections 29 (1) to (6), inclusive, of the Tribunal Act do not apply in relation to reviewable decisions, but an application to the Administrative Appeals Tribunal for a review of a reviewable decision—
     (a) shall be in writing;
     (b) may be made in accordance with the form prescribed for the purposes of paragraph 29 (1) (b) of the Tribunal Act;
     (c) shall set out a statement of the reason for the application; and
     (d) shall be lodged with the Administrative Appeals Tribunal within the prescribed time.
"(6) The prescribed time for the purposes of paragraph (5) (d) is the period commencing on the day when the Student Assistance Review Tribunal gives its decision under sub-section 26 (1) in relation to the primary decision to which the reviewable decision relates and ending—
     (a) for the purposes of an application by the Permanent Head of the administering Department—on the twenty-eighth day after the day on which a copy of the section 26 statement in relation to the reviewable decision is given to the authorized person who was a party to the proceedings before the Student Assistance Review Tribunal in relation to the primary decision; and
     (b) for the purposes of an application by a person other than the Permanent Head of the administering Department—on the twenty-eighth day after the day on which a copy of the section 26 statement in relation to the reviewable decision is given to the person.
"(7) Without limiting the operation of section 30 of the Tribunal Act, where the Permanent Head of the administering Department applies to the Administrative Appeals Tribunal for a review of a reviewable decision, the person by whom, or on whose behalf, the review of the primary decision to which the reviewable decision relates was requested under section 23 of this Act is a party to the proceeding before the Administrative Appeals Tribunal for the review of the reviewable decision.
"(8) Section 37 of the Tribunal Act has effect in relation to a reviewable decision as if the reference in paragraph (1) (a) of that section to a statement setting out the findings on
SCHEDULE—continued

material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision were a reference to—
     (a) the statement that is, in relation to the reviewable decision, the section 26 statement within the meaning of Division 5 of Part V of the Student Assistance