Document ID: chunk:federal_register_of_legislation:C2010C00224:clause:4_25d
Version: federal_register_of_legislation:C2010C00224
Segment Type: clause
Provision Reference: sch 4 cl 25D
Character Range: 125575–127554

25D  Applications to Administrative Appeals Tribunal

 (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of APRA that have been confirmed or varied under section 25C.

 (2) If a decision is, under subsection 25C(2), taken to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making an application for review of the decision were the period:
 (a) beginning on the day on which the decision is taken to be confirmed; and
 (b) ending 28 days later.

 (3) If a person makes a request under section 25B in respect of a reviewable decision, section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.

 (4) For the purposes of:
 (a) a review of a decision of APRA that has been confirmed or varied under section 25C; or
 (b) a request under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 in respect of such a decision;
a non‑presidential member of the Administrative Appeals Tribunal must not sit as a member of the Administrative Appeals Tribunal if he or she is a director or employee of:
 (c) an entity of any kind carrying on (whether in Australia or elsewhere) insurance business (within the meaning of the Insurance Act 1973) or life insurance business (within the meaning of the Life Insurance Act 1995); or
 (d) if an entity referred to in paragraph (c) is a body corporate—a body corporate that is related to it.

 (5) The question whether 2 bodies corporate are related to each other for the purposes of paragraph (4)(d) is to be determined in the same way as that question is determined for the purposes of the Corporations Act 2001.

 (6) An order must not be made under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 in respect of a decision except by the Administrative Appeals Tribunal.