Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an officer varies or substitutes a decision after an application has been made for ART review of the decision, the application is taken to be an application for ART review of the decision as varied or substituted.
(1A) However, if the President of the ART refers the application to the guidance and appeals panel under section 122 of the ART Act, section 31 (decision cannot be altered outside Tribunal process) of that Act applies to the decision after the referral is made.
(2) Subsections (1) and (1A) do not apply if the application is a guidance and appeals panel application.
(3) If:
(a) a person makes an application (the referral application ) under section 123 of the ART Act to refer the ART's decision on ART review to the guidance and appeals panel; and
(b) the person is taken to have made a guidance and appeals panel application because the ART's decision is referred to the guidance and appeals panel; and
(c) an officer varies or substitutes the decision (the reviewable decision ) to which the guidance and appeals panel application relates:
(i) after the referral application is made; and
(ii) before the ART is constituted for the purposes of the proceeding in relation to the guidance and appeals panel application;
the guidance and appeals panel application is taken to be a guidance and appeals panel application in relation to the reviewable decision as varied or substituted by the officer.