Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p5
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 11321–14081

subsection (1) or (2) is in force in relation to an adverse decision, this Act (other than Part XIX and this section) applies as if the adverse decision had not been made.
"(5) A declaration under subsection (1) in relation to an adverse decision:
     (a) commences to have effect on the day on which the declaration is made or such earlier day as is specified in the declaration; and
     (b) ceases to have effect if:
         (i) the application to the Secretary for review of the adverse decision is withdrawn;
         (ii) the review of the adverse decision is determined by the Secretary; or
         (iii) the declaration is revoked by the Secretary.
"(6) A declaration under subsection (2):
     (a) commences to have effect on the day on which the declaration is made or such earlier day as is specified in the declaration; and
     (b) ceases to have effect if:
         (i) the application to the Social Security Appeals Tribunal for review of the adverse decision is withdrawn;

         (ii) the review of the adverse decision is determined by the Tribunal; or
         (iii) the declaration is revoked by the Secretary.
"(7) A reference in subsection (1) or (2) to the Secretary's holding of an opinion is a reference to the Secretary's holding of that opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.
"(8) In this section:
     'adverse decision' means:
         (a) a determination under subsection 168 (1); or
         (b) a decision under subsection 174 (1) the effect of which is that a person's pension, benefit or allowance is cancelled or suspended or that the rate of a person's pension, benefit or allowance is decreased.".
6. After Part XVIII of the Principal Act the following Parts are inserted:

"PART XIX—REVIEW OF DECISIONS

"Division 1—Review by the Secretary

The Secretary may review a decision
"172. (1) The Secretary may review:
     (a) a decision of an officer under this Act; or
     (b) a decision under section 5a, 5b, 5c, 5d or 5e of the Health Insurance Act 1973;
if satisfied that there is sufficient reason to review the decision.
"(2) The Secretary may review a decision even if an application has been made to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal for review of the decision.
"(3) The Secretary may:
     (a) affirm the decision;
     (b) vary the decision; or
     (c) set the decision aside and substitute a new decision.
"(4) Where:
     (a) the Secretary makes a decision under subsection (3); and
     (b) at the time when the Secretary makes that decision, a person has applied to the Social Security Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary shall give