CTHRepealedAct
Administrative Appeals Tribunal Act 1975
26Restriction on powers of decision‑maker after application for review is made
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#### 26 Restriction on powers of decision‑maker after application for review is made
(1) Subject to section 42D, after an application is made to the Tribunal for a review of a decision, the decision may not be altered otherwise than by the Tribunal on the review unless:
(a) if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—the enactment that authorised the making of the application expressly permits the decision to be altered; or
(aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or
(b) the parties to the proceeding, and the Tribunal, consent to the making of the alteration.
(1A) Paragraph (1)(b) does not apply in relation to a proceeding that is a child support first review.
(2) A reference in subsection (1) to the alteration of a decision is a reference to:
(a) the variation of a decision; or
(b) the setting aside of a decision; or
(c) the setting aside of a decision and the making of a decision in substitution for the decision set aside.