STUDENT ASSISTANCE ACT 1973

Part 9 - Review of Decisions  

Division 2 - Review by Administrative Appeals Tribunal  

Subdivision B - AAT first review  

SECTION 314   SECRETARY MAY CONTINUE PAYMENT PENDING OUTCOME OF APPLICATION FOR AAT FIRST REVIEW  

Secretary may declare payment to continue

314(1)  
If:


(a) a decision to which this Division applies is an adverse decision; and


(b) the adverse decision depends on:


(i) the exercise of a discretion by a person; or

(ii) the holding of an opinion by a person; and


(c) a person makes an application for AAT first review of the adverse decision;

the Secretary may declare that payment of financial supplement to which the decision relates is to continue, pending the determination of the AAT first review, as if the adverse decision had not been made.

Written declaration

314(2)  
A declaration under subsection (1) is to be in writing. Act applies as if decision not made

314(3)  
While a declaration under subsection (1) is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made. Start and cessation of declaration

314(4)  
A declaration under subsection (1) in relation to an adverse decision:


(a) starts to have effect on the day on which the declaration is made or on the earlier day (if any) stated in the declaration; and


(b) stops having effect if:


(i) the AAT dismisses the application for AAT first review of the adverse decision; or

(ii) the AAT determines the AAT first review of the adverse decision; or

(iii) the Secretary revokes the declaration.
Holding of an opinion

314(5)  
A reference in subsection (1) to a person ' s holding of an opinion is a reference to the person ' s holding that opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned. Adverse decision

314(6)  
In this section:

adverse decision
means a decision under section 12R or 12T to stop the payment of financial supplement to a person.




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