For the purposes of AAT second review under this Division, a provision of the AAT Act listed in an item of the following table is disapplied or modified as set out in that item.
Application and modification of AAT Act | ||
Item | Provision of AAT Act | Modification of provision of AAT Act |
2 | Paragraph 30(1)(b) (parties to proceeding) | The paragraph has effect as if the reference to the person who made the decision were a reference to each party to the relevant AAT first review, other than the applicant for AAT second review. |
3 | Section 41 (operation and implementation of decision subject to review) | The section has effect as if references to the decision to which the relevant proceeding relates were references to: (a) if, on AAT first review, the AAT affirmed the decision (the original decision ) the subject of that review--the original decision; and (b) otherwise--both the original decision and whichever of the following is applicable in relation to the AAT first review: (i) the original decision as varied by the AAT; (ii) the decision substituted by the AAT; (iii) the decision made as a result of reconsideration by the Secretary in accordance with any directions or recommendations of the AAT |
4 | Subsection 41(4) (submissions on stay of decision) | The subsection has effect as if the references to the person who made the decision were references to each party to the relevant AAT first review |
5 | Subsection 42A(2) (dismissal of review application for failure to appear) | The subsection has effect as if the reference to the person who made the decision were a reference to the Secretary. |