Commonwealth Consolidated Acts

HIGHER EDUCATION FUNDING ACT 1988 - SECT 106MA

  (1)   If:

  (a)   application is made to the Administrative Review Tribunal for review of a decision (the reconsideration decision ) of the Secretary under subsection   106M(3); and

  (b)   information is provided for the purposes of that review that was not provided to the Secretary;

the Secretary may review the reconsideration decision at any time before the determination of the application for review to the Tribunal.

  (2)   On reviewing the reconsideration decision, and taking into account the information provided for the purposes of the application to the Administrative Review Tribunal, the Secretary must, as soon as practicable:

  (a)   confirm the reconsideration decision; or

  (b)   vary the reconsideration decision; or

  (c)   revoke the reconsideration decision and substitute a decision to remit the semester debt;

and notify the applicant and the Tribunal of the decision made on that review.

  (3)   The notice of the decision must include a statement of the reasons for the decision.

  (4)   A failure to comply with subsection   (3) does not affect the validity of the notice or of the decision notified.

  (5)   If, on a review of a reconsideration decision, the Secretary varies the reconsideration decision, the application to the Administrative Review Tribunal is taken to be an application for review of the reconsideration decision as so varied unless the applicant, by notice in writing to the Tribunal, withdraws the application.

  (6)   If, on a review of the reconsideration decision, the Secretary decides to revoke the reconsideration decision and to substitute a decision to remit the semester debt:

  (a)   the Secretary must notify the Administrative Review Tribunal to that effect; and

  (b)   the application to the Tribunal is taken to have been withdrawn by the applicant.