Commonwealth Consolidated Acts

ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 109

General rule

  (1)   A decision of the Tribunal is a Tribunal guidance decision if:

  (a)   the decision is made by the Tribunal constituted for the purposes of a proceeding in accordance with:

  (i)   section   40 (exception--President refers application for review that raises issue of significance); or

  (ii)   section   41 (exception--President, on appeal, refers Tribunal decision that raises issue of significance); and

  (b)   the decision is:

  (i)   made under section   105 (Tribunal decision on review of reviewable decision); and

  (ii)   not made in accordance with subsection   103(2) (decision agreed by parties); and

  (c)   the decision is not declared under subsection   (2) of this section to be an excluded decision.

Exception--declared by President

  (2)   The President may, in writing, declare that a decision made under section   105 by the Tribunal constituted for the purposes of a proceeding in accordance with section   40 or 41 is an excluded decision.

  (3)   A declaration made under subsection   (2) is not a legislative instrument.

  (4)   The President must publish declarations made under subsection   (2).