Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:1_4:p1
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/4)
Character Range: 15060–17689

4  Sections 165‑5 to 165‑45
Repeal the sections, substitute:

165‑5  ART Act applies subject to this Division
 (1) The ART Act applies in relation to:
 (a) the review of objection decisions; and
 (b) the review of extension of time refusal decisions; and
 (c) ART extension applications;
subject to this Division.
 (2) Subsection (3) applies if the ART President refers to the guidance and appeals panel under section 128 of the ART Act a decision made by the ART to affirm, vary or set aside either of the following decisions (each of which is an original decision):
 (a) an objection decision;
 (b) an extension of time refusal decision.
 (3) The ART Act, as modified by this Division (other than by the provisions mentioned in subsection (4)), applies in relation to:
 (a) the application for review that is taken to be made under subsection 130(2) of that Act; and
 (b) the review of the decision made by the ART;
in the same way as it applies to the review of, and the application for review of, the original decision.
 (4) The provisions are:
 (a) subsections 165‑10(1), (2) and (3); and
 (b) section 165‑15; and
 (c) subsections 165‑25(1) and (2).

165‑10  Special rules for objection decisions or extension of time refusal decisions
 (1) Sections 17 (who can apply) and 18 (when to apply—general rule) of the ART Act do not apply in relation to:
 (a) an objection decision; or
 (b) an extension of time refusal decision.
 (2) The President of the ART may allow a longer period to make an application to refer a decision of the ART on the review of an objection decision or an extension of time refusal decision to the guidance and appeals panel under section 125 (when to apply to refer Tribunal decision) of the ART Act only if the period for making the application has not expired.
 (3) If the President of the ART decides to allow a longer period under section 125 of the ART Act (as modified by subsection (2) of this section), the President of the ART must notify the Commissioner as soon as practicable after making the decision.
 (4) Section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the ART Act does not apply in relation to:
 (a) an objection decision; or
 (b) an extension of time refusal decision.
 (5) Section 127 (Tribunal decision continues to operate unless Tribunal orders otherwise) of the ART Act does not apply in relation to an objection decision or an extension of time refusal decision.
 (6) Section 178 (operation and implementation of Tribunal's decision) of the ART Act does not apply in relation to an objection decision.

165‑15  When and how to apply to