Australian Charities and Not-for-profits Commission Act 2012 (Cth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-2 - REVIEW AND APPEALS  

Division 165 - ART review of objection decisions and extension of time refusal decisions  

SECTION 165-5   ART ACT APPLIES SUBJECT TO THIS DIVISION  

165-5(1)    
The ART Act applies in relation to:

(a)    the review of objection decisions; and

(b)    the review of extension of time refusal decisions; and

(c)    ART extension applications;

subject to this Division.

165-5(2)    
Subsection (3) applies if the ART President refers to the guidance and appeals panel under section 128 of the ART Act a decision made by the ART to affirm, vary or set aside either of the following decisions (each of which is an original decision ):

(a)    an objection decision;

(b)    an extension of time refusal decision.

165-5(3)    
The ART Act, as modified by this Division (other than by the provisions mentioned in subsection (4) ), applies in relation to:

(a)    the application for review that is taken to be made under subsection 130(2) of that Act; and

(b)    the review of the decision made by the ART;

in the same way as it applies to the review of, and the application for review of, the original decision.

165-5(4)    
The provisions are:

(a)    subsections 165-10(1) , (2) and (3) ; and

(b)    section 165-15 ; and

(c)    subsections 165-25(1) and (2) .