Document ID: chunk:federal_register_of_legislation:C2004A04077:schedule:2:p18
Version: federal_register_of_legislation:C2004A04077
Segment Type: schedule
Provision Reference: sch 2 (pt 18/21)
Character Range: 85828–88631

place for a hearing has been fixed at the end of 3 months after the date on which the Principal Member notified the applicant under subsection (3c), the Principal Member must give a written notice to the applicant requesting the applicant to provide to the Principal Member within 28 days after receipt of the notice:

         (a) a written statement indicating that the applicant is ready to proceed at a hearing; or

         (b) a written statement explaining why the applicant is not ready to proceed at a hearing;

     and subsections (3b), (3c), (3d) and this subsection apply to the statements under paragraphs (a) and (b) as if they were statements under paragraphs (3a) (c) and (d).";

  (b) by inserting after subsection (6) the following subsection:

     "(6a) The Principal Member may, in relation to a review, request the Secretary:

         (a) to give to the Principal Member further documents in the Secretary's custody; or

         (b) to obtain, and give to the Principal Member, further documents; or

         (c) to arrange for the making of any investigation or medical examination and to give to the Principal Member a report of the investigation or examination.";

     (c) by inserting in subsection (7) "or making a request" after "direction".

  Commencement: Day of Royal Assent

86. After section 155 of the Principal Act the following section is inserted in Division 5:

Review by Administrative Appeals Tribunal

"155a. (1) Application may be made to the Administrative Appeals Tribunal, subject to section 29 of the Administrative Appeals Tribunal Act 1975, for review of the following decisions of the Principal Member:

  (a) the decision to dismiss an application under subsection 148 (3b);

     (b) the decision under paragraph 148 (3c) (b) that an applicant has provided a reasonable explanation for the applicant's failure to be ready to proceed at a hearing;

     (c) the decision under paragraph 148 (3d) (b) that an applicant has provided no reasonable explanation for the applicant's failure to be ready to proceed at a hearing.

"(2) Where a decision of a kind referred to in subsection (1) is made and a written notice of the decision is given to a person whose interests are affected by the decision, the notice must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision and, except where subsection 28 (4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act.

"(3) A failure to comply with subsection (2) does not affect the validity of the decision.".

  Commencement: Day of Royal Assent