Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a review being done for the purposes of this Chapter by an officer or the ART (the review body ) if:
(a) the review involves (wholly or partly) a review of a decision (the decision being reviewed ) that:
(i) a person is or is not eligible for parental leave pay; or
(ii) parental leave pay is or is not payable to a person; and
(b) the review has involved (wholly or partly) the consideration of a determination (the income determination ) that the person satisfies the income test; and
(c) the income determination was taken into account in the making of a decision that parental leave pay is payable to the person; and
(d) the person did not knowingly make a false or misleading representation or provide false or misleading information or documents to the Secretary or the ART in relation to the income determination.
Note: For the income test, see section 37.
(2) Despite any provision of this Chapter or of the ART Act, the review body must not vary the decision being reviewed, or set aside the decision being reviewed and substitute a new decision, in a way that has the effect of:
(a) varying the income determination so that the person is taken not to have satisfied the income test; or
(b) substituting a new determination that the person did not satisfy the income test.