Student Assistance Act 1973
Part 9
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Review of Decisions
Division 1
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Internal review
SECTION 303
SECRETARY MAY REVIEW DECISIONS
Decisions that Secretary may review
303(1)
The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.
Decisions that are not reviewed
303(2)
Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary ' s powers under section 327 to settle proceedings before the ART.
303(2A)
Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.
Applications to ART
303(3)
The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision.
Secretary may affirm, vary or substitute
303(4)
The Secretary may: (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision.
303(5)
(Repealed by No 60 of 2015)
Notice to ART Principal Registrar
303(6)
If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary ' s decision to the ART Principal Registrar.
Event taken to have occurred
303(7)
If: (a) the Secretary sets a decision aside under subsection (4) ; and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
Decisions that Secretary may review
303(1)
The Secretary may review a decision to which this Division applies if satisfied that there is sufficient reason to review the decision.
Decisions that are not reviewed
303(2)
Subsection (1) does not apply to a decision of the Secretary that relates to the Secretary ' s powers under section 327 to settle proceedings before the ART.
View history note
Hide history note303(2A)
Subsection (1) does not apply to a decision made by the Employment Secretary approving an activity under the CSP.
Applications to ART
303(3)
The Secretary may review a decision even if an application has been made to the ART for a review in relation to the decision.
Secretary may affirm, vary or substitute
303(4)
The Secretary may: (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision.
303(5)
(Repealed by No 60 of 2015)
Notice to ART Principal Registrar
303(6)
If the Secretary makes a decision under subsection (4) after a person has applied to the ART for a review in relation to the decision, the Secretary must give written notice of the Secretary ' s decision to the ART Principal Registrar.
Event taken to have occurred
303(7)
If: (a) the Secretary sets a decision aside under subsection (4) ; and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.