Commonwealth Consolidated Acts

STUDENT ASSISTANCE ACT 1973 - SECT 306

Secretary or review officer may affirm, vary or substitute

  (1)   If an application for review of a decision is made under subsection   304(1), the Secretary or an authorised review officer must:

  (a)   affirm the decision; or

  (b)   vary the decision; or

  (c)   set the decision aside and substitute a new decision.

Notice to applicant

  (2)   If a person makes a decision under subsection   (1), the person must give the applicant written notice of the decision.

Note:   Meaning of given --sections   28A and 29 of the Acts Interpretation Act 1901 provide that a notice is given:

(a)   to a natural person if the notice is:

• delivered personally; or
• left at the last known address of the person; or
• sent by prepaid post to the last known address of the person; and

(b)   to a body corporate if the notice is left at, or sent by prepaid post to, the head office or a registered office or a principal office of the body corporate.

Event taken to have occurred

  (3)   If:

  (a)   a person sets a decision aside under subsection   (1); and

  (b)   the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.