Commonwealth Consolidated Acts

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INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 31E

When Board must amend or revoke a determination

  (1)   This section applies to a determination made under section   31D if:

  (a)   as a result of reviewing under section   30D a reviewable decision that was made in accordance with the determination because of section   31D, the Board is satisfied that the determination is incorrect; or

  (b)   the determination is inconsistent with:

  (i)   a decision of a court; or

  (ii)   a decision of the Administrative Review Tribunal on review of an internal review decision relating to a reviewable decision that was made in accordance with the determination because of section   31D; or

  (iii)   this Act, the regulations or the decision - making principles.

  (2)   The Board must, by notifiable instrument, revoke the determination or amend it so it is no longer incorrect or inconsistent.

  (3)   This section does not limit the application of subsection   33(3) of the Acts Interpretation Act 1901 in relation to the power to make a determination under section   31D of this Act.

Note:   Subsection   33(3) of the Acts Interpretation Act 1901 provides that a power to make an instrument includes the power to revoke or vary the instrument.



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