Document ID: chunk:federal_register_of_legislation:C2020C00377:section:20
Version: federal_register_of_legislation:C2020C00377
Segment Type: section
Provision Reference: s 20
Character Range: 31369–32952

20  Refusal
 (1) If:
 (a) a determination is made under paragraph 17(2)(b) that an applicant is not eligible for the BSWAT payment scheme; or
 (b) a determination is made under subsection 17(3) that the payment amount for an applicant is nil; or
 (c) a determination referred to in paragraph (a) or (b) is affirmed under subsection 24(6) or 28(1);
the Secretary must, by written notice to the applicant, refuse the application.
 (2) The refusal must do the following:
 (a) specify the date of the refusal;
 (b) include the determination under section 17 and explain the reasons for the determination;
 (c) if the determination under section 17 has been affirmed under subsection 24(6) or 28(1)—include the affirmation and the reasons for the affirmation;
 (d) unless subsection (3) applies—inform the applicant that the applicant may, within the 21 day period starting on the date of the refusal, apply for a review of the determination and explain how to make that application and, broadly, what the review would involve;
 (e) unless subsection (3) applies—inform the applicant that the applicant may request an extension of the 21 day period referred to in paragraph (d) and explain how to make that request.
 (3) The refusal must not inform the applicant as required by paragraphs (2)(d) and (e) if the refusal includes a determination made by an external reviewer:
 (a) that the applicant is not eligible for the BSWAT payment scheme; or
 (b) affirming a determination made by the Secretary.
 (4) Subsection (2) does not limit the matters that may be dealt with by the refusal.