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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 40

Application to the Administrative Appeals Tribunal for review

             (1)  An application may be made to the Administrative Appeals Tribunal by a person for review of:

                     (a)  a decision by the Secretary whether the person is eligible for an advance that has been affirmed under Subdivision B or has been substituted under that Subdivision for an earlier decision; or

                     (b)  a decision by the Secretary on the amount of an advance the person is eligible for that has been affirmed or varied under Subdivision B or substituted under that Subdivision for an earlier decision.

             (2)  Subsection (1) has effect despite subsection 27(1) of the Administrative Appeals Tribunal Act 1975 .

If Secretary has reviewed decision after application is made

             (3)  If, after the person has applied to the Administrative Appeals Tribunal for review of the decision, the Secretary varies the decision, or substitutes a new decision for it, under Subdivision A, the application is taken to be for review of the decision as varied or the new decision.



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