Document ID: chunk:federal_register_of_legislation:C2004A02936:schedule:3:p9
Version: federal_register_of_legislation:C2004A02936
Segment Type: schedule
Provision Reference: sch 3 (pt 9/18)
Character Range: 85289–88087

senior authorized person under sub-section 22 (3);
         (c) a decision made by a senior authorized person under sub-section 22 (3) in substitution for a decision of an authorized person that has been considered and set aside under that sub-section; or
         (d) a decision made by an authorized person (other than a decision referred to in paragraph (a), (b) or (c)) in respect of which a request has been made under sub-section 23 (1a);
SCHEDULE—continued

     'procedural decision' means a decision in relation to the period available for the making of a request under sub-section 23 (1) or (1a) and, in relation to a primary decision, means a decision in relation to the period available for the making of a request under sub-section 23 (1) or (1a) in relation to that primary decision;".

Sub-section 17 (3)—
Omit the sub-section, substitute the following sub-section:
     "(3) A reference in this Part to a party to proceedings before a Tribunal in relation to a decision shall be read as a reference to—
         (a) the person by whom, or on whose behalf, the review by the Tribunal of the decision was requested; and
         (b) the authorized person to whom the request was made.".

Section 17—
Add at the end thereof the following sub-section:
"(5) A reference in this Part to a senior authorized person, in relation to a decision made by a person who was, when the decision was made, an authorized person by virtue of performing the duties of an office in the Australian Public Service, shall be construed as a reference to another person who is an authorized person by virtue of performing the duties of an office in the Australian Public Service, being an office the classification of which is higher than the classification of the first-mentioned office.".

After section 17—
Insert the following section in Division 1 of Part V:

Request under Act on behalf of another person
" 17a. Where a person is, for any reason, unable—
     (a) to request a consideration by a senior authorized person of a decision of an authorized person; or
     (b) to request a review by a Tribunal of a primary decision,
such a request may be made by another person on behalf of that first-mentioned person.".

Sub-section 18 (2)—
     (a) Omit "Chairman", substitute "Chairperson".
     (b) Omit "two", substitute "2".

Sub-section 18 (3)—
Omit "Chairman", substitute "Chairperson".

Sub-section 18 (4)—
     (a) Omit "three", substitute "3".
     (b) Omit "his", substitute "the member's".

Sub-section 20 (2)—
Omit "he", substitute "the member".
SCHEDULE—continued

Section 21—
Repeal the section, substitute the following section:

Resignation
"21. A member of a Tribunal may resign from the office of member by writing signed by the member delivered to the Minister.".

Heading to Division