Commonwealth Consolidated Acts

BUSINESS SERVICES WAGE ASSESSMENT TOOL PAYMENT SCHEME ACT 2015 - SECT 33

  (1)   This section applies in relation to:

  (a)   an internal review conducted by the Secretary (the reviewer ) under Division   4; or

  (b)   an external review conducted by a person (the reviewer ) appointed under Division   5.

Review of determination involving payment amount

  (2)   If, on review of a determination of a payment amount under subsection   17 (3), the reviewer is satisfied that the applicant is not eligible for the BSWAT payment scheme, the reviewer must:

  (a)   set aside the determinations made under paragraph   17 (2)(a) and subsection   17 (3) for the applicant; and

  (b)   substitute a new determination under paragraph   17 (2)(b) that the applicant is not eligible for the BSWAT payment scheme.

Note:   The Secretary will then be required to refuse the application for a payment under the BSWAT scheme (see section   20 ).

  (3)   Subsection   ( 2) does not apply if a determination has been made under paragraph   17 (2)(a) for the applicant in an external review under Division   5.

  (4)   To avoid doubt, the reviewer may, on review of a determination of a payment amount, determine a lower payment amount for the applicant.

Review of determination that applicant ineligible

  (5)   If, on review of a determination made under paragraph   17 (2)(b), the reviewer is satisfied that the applicant is eligible for the BSWAT payment scheme, the reviewer must set aside that determination and make a determination under paragraph   17 (2)(a) for the applicant.

Note:   The Secretary will then be required to determine a payment amount for the person under subsection   17 (3).