Document ID: chunk:federal_register_of_legislation:C2016A00021:clause:1_40
Version: federal_register_of_legislation:C2016A00021
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 11055–12209

40  Review of pre‑commencement offers still open on commencement day
(1) This item applies if:
 (a) immediately before the commencement day, the acceptance period for a pre‑commencement offer made to a person had not ended; and
 (b) the person has not lodged an effective acceptance of the offer; and
 (c) the person has not applied for review of a determination included in the offer or has withdrawn any such application.
(2) The Secretary must, as soon as practicable after the commencement day, review, under section 23 of the BSWAT Act, the determination of the payment amount offered to the person, on the basis that the payment amount for the person is to be worked out using the 70% principle.
Note: If the payment amount worked out on review is higher, the Secretary must substitute a new determination of the payment amount (see subsection 23(3) of the BSWAT Act) and make a new offer to the person under section 19 of the BSWAT Act.
(3) Subitem (2) applies even if paragraph 23(2)(c) of the BSWAT Act would otherwise prevent the Secretary from reviewing the determination (no review of a determination made or affirmed by external reviewer).