Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p62
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 62/66)
Character Range: 189096–191788

a review of a decision must set out a statement of the reasons for the application.
 (4) Subsection (3) applies in addition to subsection 34(2) of the ART Act.
Note: Subsection 34(2) of the ART Act requires applications to include the information specified for the application in practice directions made by the President of the ART.
 (5) A failure to comply with subsection (3) does not affect the validity of the application.

165‑20  Parties to proceedings for review
  Despite paragraph 22(1)(c) of the ART Act:
 (a) a person (the affected person) whose interests are affected by an objection decision or an extension of time refusal decision may apply to become a party to a proceeding for review of the decision; and
 (b) the ART may make the affected person a party to the proceeding only if the ART is satisfied that the applicant for review of the decision consents.

165‑25  Giving documents to the ART
 (1) Section 23 (decision‑maker must give Tribunal reasons and documents—general rule) of the ART Act does not apply in relation to an application for review of an objection decision.
 (2) Instead, the decision‑maker of an objection decision must give the ART the following documents within 28 days after the ART notifies the decision‑maker of the application for review of the decision:
 (a) a statement giving the reasons for the decision;
 (b) the notice of the administrative decision concerned;
 (c) the objection concerned;
 (d) the notice of the objection decision;
 (e) every other document that is:
 (i) in the Commissioner's possession or under the Commissioner's control; and
 (ii) considered by the Commissioner to be necessary to the review of the objection decision concerned;
 (f) a list of the documents (if any) being given under paragraph (e).
 (3) Section 25 (decision‑maker must give Tribunal additional documents within 28 days—general rule) of the ART Act does not apply in relation to the ART's review of an objection decision.
 (4) Instead, if:
 (a) at any time during the ART's review of an objection decision a document that is necessary to the review comes into the possession or under the control of the decision‑maker; and
 (b) the document has not been given to the ART for the purposes of the review;
the decision‑maker must give a copy of the document to the ART within 28 days after the day on which the document came into the possession or under the control of the decision‑maker.
 (5) In addition to subsection (4), if, at any time during the ART's review of an objection decision, the ART is satisfied that documents that may be relevant to the review are in the possession or under the control of the decision‑maker of the objection decision,