Document ID: chunk:federal_register_of_legislation:C2004A01077:clause:2_152aw:p1
Version: federal_register_of_legislation:C2004A01077
Segment Type: clause
Provision Reference: sch 2 cl 152AW (pt 1/3)
Character Range: 38982–41655

152AW  Functions and powers of Tribunal

Decision on review

 (1) On a review of a decision of the Commission under section 152AT or 152ATA, the Tribunal may make a decision:
 (a) in any case—affirming the Commission's decision; or
 (b) in the case of a review of a decision of the Commission to make an order under paragraph 152AT(3)(a) or paragraph 152ATA(3)(a)—setting aside or varying the Commission's decision; or
 (c) in the case of a review of a decision of the Commission under section 152AT refusing an application for an order—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, making an order under paragraph 152AT(3)(a); or
 (d) in the case of a review of a decision of the Commission under section 152ATA refusing an application for an order—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, making an order under paragraph 152ATA(3)(a); or
 (e) in the case of a review of a decision of the Commission under section 152AT or 152ATA varying an order—setting aside or varying the Commission's decision; or
 (f) in the case of a review of a decision of the Commission under section 152AT or 152ATA refusing to vary an order—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, varying the order; or
 (g) in the case of a review of a decision of the Commission under section 152AT or 152ATA revoking an order—a decision setting aside the Commission's decision; or
 (h) in the case of a review of a decision of the Commission under section 152AT or 152ATA refusing to revoke an order—both:
 (i) setting aside the Commission's decision; and
 (ii) in substitution for the decision so set aside, revoking the order;
and, for the purposes of the review, the Tribunal may perform all the functions and exercise all the powers of the Commission.

 (2) A decision by the Tribunal:
 (a) affirming a decision of the Commission; or
 (b) varying a decision of the Commission; or
 (c) setting aside a decision of the Commission; or
 (d) made in substitution for a decision of the Commission;
is taken, for the purposes of this Act (other than section 152AV or this section), to be a decision of the Commission.

Conduct of review

 (3) For the purposes of a review by the Tribunal, the member of the Tribunal presiding at the review may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

 (4) For the purposes of a review, the Tribunal may have regard only to:
 (a) any information given, documents produced or