Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 Review 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(b) the proceeding has not been discontinued, withdrawn or dismissed, or otherwise finally determined.
(2) A request under subsection 90B(1) is taken to have been withdrawn if, before the Minister has made a decision in relation to the request under subsection 90B(4) or (if applicable) subsection 90B(5), the Secretary's decision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 Review Tribunal or a federal court.