Income Tax Assessment Act 1997
If the * Industry Secretary makes a decision to grant or refuse an application under subsection 34-30(1) before the * deadline, the Industry Secretary must give the applicant written notice of the decision.
Reasons for refusal
34-33(2)
If the notice is a notice of a decision to refuse the application, it must also set out the reasons for the refusal.
Statements to accompany notice of decision
34-33(3)
The notice of the decision is to include the statements set out in subsections (4) and (5) .
34-33(4)
There must be a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , an application may be made to the * AAT, by (or on behalf of) any entity whose interests are affected by the decision, for review of the decision.
[ CCH Note: S 34-33(4) will be amended by No 38 of 2024, s 3 and Sch 1 item 64, by substituting " Administrative Review Tribunal Act 2024 " for " Administrative Appeals Tribunal Act 1975 " , and " *ART " for " *AAT " , effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]
34-33(5)
There must also be a statement to the effect that a request may be made under section 28 of that Act by (or on behalf of) such an entity for a statement: (a) setting out the findings on material questions of fact; and (b) referring to the evidence or other material on which those findings were based; and (c) giving the reasons for the decision;
except where subsection 28(4) of that Act applies.
[ CCH Note: S 34-33(5) will be substituted by No 38 of 2024, s 3 and Sch 1 item 31, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 34-33(5) will read:
]
34-33(5)
There must also be a statement to the effect that a request may be made under section 268 of that Act by (or on behalf of) such an entity for a statement of reasons.
Failure does not affect validity
34-33(6)
If the * Industry Secretary fails to comply with subsection (4) or (5) , that failure does not affect the validity of his or her decision.
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