Document ID: chunk:federal_register_of_legislation:C2006A00037:clause:2_90c
Version: federal_register_of_legislation:C2006A00037
Segment Type: clause
Provision Reference: sch 2 cl 90C
Character Range: 9912–10660

90C  Circumstances in which request may not be made

 (1) A request must not be made under subsection 90B(1) in relation to a decision of the Secretary to which section 90A applies if:
 (a) the Secretary's decision is the subject of a proceeding before the Administrative Appeals Tribunal or a federal court; and
 (b) the proceeding has not been discontinued, withdrawn or dismissed, or otherwise finally determined.

 (2) A request under subsection 90B(1) is taken to have been withdrawn if, before the Minister has made a decision in relation to the request under subsection 90B(4) or (if applicable) subsection 90B(5), the Secretary's decision becomes the subject of a proceeding before the Administrative Appeals Tribunal or a federal court.