Document ID: chunk:federal_register_of_legislation:C2024C00866:section:175:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 175 (pt 2/2)
Character Range: 1721078–1722784

A person's right to apply to the Administrative Review Tribunal under any of subsections (1A) to (2D) is subject to section 34 of the Administrative Review Tribunal Act 2024.
Note: Section 34 of the Administrative Review Tribunal Act 2024 deals with how to apply for review.
 (3) Where the Commission varies a decision under subsection 31(2) after an application had been made to the Administrative Review Tribunal for a review of that decision but before the determination of that application, then, unless the applicant for the review withdraws the application, the application shall be treated as if it were an application for a review of the decision as so varied.
 (4) Where the Commission, under section 115, affirms a decision of the Commission in respect of an application for an allowance, payment or benefit referred to in subsection 115(1), or sets aside such a decision and substitutes another decision for it, then, subject to section 34 of the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for a review:
 (a) of the decision so affirmed; or
 (b) of the decision made by the Commission under section 115 in substitution for the decision so set aside.
 (5) If the Commission, under subsection 116D(2):
 (a) affirms a decision of the Commission under subsection 116C(1) or 116CC(1); or
 (b) sets aside such a decision and substitutes another decision for it;
then, subject to section 34 of the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for a review:
 (c) of the decision so affirmed; or
 (d) of the decision made by the Commission in substitution for the decision so set aside.