Part 9 - Review of Decisions  

Division 2 - Review by Administrative Appeals Tribunal  

Subdivision B - AAT first review  


Subject to subsection 310(2) , if:

(a) a decision has been reviewed by the Secretary or an authorised review officer under section 306 ; and

(b) the decision has been affirmed, varied or set aside;

application may be made to the AAT for review ( AAT first review ) of that decision.

For the purposes of subsection (1), the decision made by the Secretary or authorised review officer is taken to be:

(a) if the Secretary or authorised review officer affirms a decision - the decision as affirmed; and

(b) if the Secretary or authorised review officer varies a decision - the decision as varied; and

(c) if the Secretary or authorised review officer sets a decision aside and substitutes a new decision - the new decision.


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