Administrative Review Tribunal (Miscellaneous Measures) Act 2025 (14 of 2025)
Schedule 2 Consequential amendments
Part 5 Health and Aged Care
Public Health (Tobacco and Other Products) Act 2023
63 Paragraphs 147(5)(a) and (b)
Repeal the paragraphs, substitute:
(a) the reporting entity withdraws the application for review of the Minister's decision; or
(b) the Administrative Review Tribunal dismisses the application for review of the Minister's decision; or
(c) the Administrative Review Tribunal makes a decision (the Tribunal decision ) to affirm or vary the Minister's decision and any of the following applies:
(i) the reporting entity makes a referral application in relation to the Tribunal decision and the President of the Tribunal refuses the application;
(ii) the reporting entity makes a referral application in relation to the Tribunal decision and withdraws the application;
(iii) the reporting entity does not make a referral application in relation to the Tribunal decision within the period specified in section 125 of the Administrative Review Tribunal Act 2024;
(iv) no referral application may be made in relation to the Tribunal decision;
(v) the guidance and appeals panel application taken to be made because the Tribunal decision is referred to the guidance and appeals panel is withdrawn or dismissed; or
(d) all of the following apply:
(i) the Administrative Review Tribunal makes a decision (the Tribunal decision ) on review of the Minister's decision;
(ii) the Tribunal makes a decision (the GAP decision ) on the guidance and appeals panel application taken to have been made because the Tribunal decision is referred to the guidance and appeals panel;
(iii) the effect of the GAP decision is to publish the non-compliance information.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).