Administrative Review Tribunal (Miscellaneous Measures) Act 2025 (14 of 2025)

Schedule 2   Consequential amendments

Part 5   Health and Aged Care

Public Health (Tobacco and Other Products) Act 2023

63   Paragraphs 147(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) the reporting entity withdraws the application for review of the Minister's decision; or

(b) the Administrative Review Tribunal dismisses the application for review of the Minister's decision; or

(c) the Administrative Review Tribunal makes a decision (the Tribunal decision ) to affirm or vary the Minister's decision and any of the following applies:

(i) the reporting entity makes a referral application in relation to the Tribunal decision and the President of the Tribunal refuses the application;

(ii) the reporting entity makes a referral application in relation to the Tribunal decision and withdraws the application;

(iii) the reporting entity does not make a referral application in relation to the Tribunal decision within the period specified in section 125 of the Administrative Review Tribunal Act 2024;

(iv) no referral application may be made in relation to the Tribunal decision;

(v) the guidance and appeals panel application taken to be made because the Tribunal decision is referred to the guidance and appeals panel is withdrawn or dismissed; or

(d) all of the following apply:

(i) the Administrative Review Tribunal makes a decision (the Tribunal decision ) on review of the Minister's decision;

(ii) the Tribunal makes a decision (the GAP decision ) on the guidance and appeals panel application taken to have been made because the Tribunal decision is referred to the guidance and appeals panel;

(iii) the effect of the GAP decision is to publish the non-compliance information.