Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 90C

Circumstances in which request may not be made

  (1)   A request must not be made under subsection   90B(1) in relation to a decision of the Secretary to which section   90A applies if:

  (a)   the Secretary's decision is the subject of a proceeding before the Administrative Appeals Tribunal or a federal court; and

  (b)   the proceeding has not been discontinued, withdrawn or dismissed, or otherwise finally determined.

  (2)   A request under subsection   90B(1) is taken to have been withdrawn if, before the Minister has made a decision in relation to the request under subsection   90B(4) or (if applicable) subsection   90B(5), the Secretary's decision becomes the subject of a proceeding before the Administrative Appeals Tribunal or a federal court.


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