Decision varied
(1) If the reviewer varies a reviewable decision under subsection 308D(3) after an application has been made to the ART for review of that decision but before the determination of the application, the application is taken to be an application for review of the decision as varied.
Decision set aside and a new decision substituted
(2) If the reviewer sets aside a reviewable decision under subsection 308D(3) and substitutes a new decision, after an application has been made to the ART for review of the reviewable decision but before the determination of the application, the application is taken to be an application for review of the new decision.