83AParagraph 95M(a)

83A  Paragraph 95M(a)  (a) the ART has reviewed:  (i) a decision (a family assistance decision) on application referred to in section 111 of the Family Assistance Administration Act; or  (ii) a decision on application referred to in section 131D of the ART Act in relation to a family assistance decision; and 84  Subsection 95N(1)  (a) on ART review, the ART varies or substitutes a decision on an objection to a care percentage decision; and  (b) the application for ART review was made more than 28 days, or, if the applicant is a resident of a reciprocating jurisdiction, 90 days, after notice of the decision was given; and  (c) the application for ART review was not a guidance and appeals panel application; then, despite subsections 108(4) and (5) of the ART Act, the decision as varied or substituted by the ART has or is taken to have had effect on and from the day the application for ART review was made. 85  Subsection 95N(3) (note) 86  Sections 95P and 95Q 87  Divisions 4 and 5 of Part VIIA Repeal the Divisions. 88  Division 6 of Part VIIA (heading) 89  Before section 98D Division 4—Appeals and references of questions of law 90  At the end of Part VIIA Add: 99  Appeals to Federal Circuit and Family Court of Australia (Division 2)  (1) A party to a proceeding for ART review may appeal to the Federal Circuit and Family Court of Australia (Division 2), on a question of law, from the decision of the ART in the proceeding.  (2) Subsection (1) does not apply if the decision is made by the ART constituted by a member who is, or members at least one of whom is, a Judge or a Deputy President (within the meaning of the ART Act).  (3) The following provisions of the ART Act apply in relation to any such appeal as if the appeal were an appeal under section 172 (party may appeal) of that Act and in relation to the Federal Circuit and Family Court of Australia (Division 2) in the same way as they apply in relation to the Federal Court of Australia:  (a) section 107 (when ART’s decision on review comes into operation);  (b) section 174 (time and manner for making appeals);  (c) Subdivision B of Division 2 of Part 7 (jurisdiction and powers of Federal Court);  (d) Division 4 of Part 7 (matters remitted to ART), other than subparagraph 182(b)(ii);  (e) Division 6 of Part 7 (sending and disclosing documents), other than paragraph 186(b) and subsections 187(2) and 188(2).  (4) Subsection 174(4) of the ART Act applies in relation to any such appeal as if the reference in that subsection to Rules of Court made under the Federal Court of Australia Act 1976 were a reference to Rules of Court made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.  (5) This section does not affect the operation of section 172 of the ART Act in relation to a proceeding for ART review. 91  Paragraphs 110P(2)(b) and (c)  (b) subsection 32(2) of the ART Act;  (c) subsection 127(2) of the ART Act;  (d) subsection 178(2) of the ART Act, including that subsection as it applies because of section 99 of this Act. 92  Paragraphs 110Q(b) to (d)  (b) an application to the ART for ART review of that objection or second review of a decision on that ART review;  (c) an appeal to a court from such a review under Part 7 of the ART Act;  (d) an appeal to another court from that appeal under Division 2 of Part VIII of this Act, and any subsequent appeals under that Division. 93  Paragraph 110W(1)(b)  (b) no application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and 94  Paragraph 110W(1A)(b)  (b) an application may be made under the ART Act for second review of the decision or to refer the decision to the guidance and appeals panel; and 95  After subparagraph 110W(4)(b)(ii)  (iia) an application may be made under section 123 of the ART Act to refer the decision of the ART on review of that decision to the guidance and appeals panel; 96  Subsection 110X(7) (definition of designated review proceedings) designated review proceedings means proceedings:  (a) in the ART for ART review or second review; or  (b) in a court under Part 7 of the ART Act in relation to such a review. 98  Section 111A Omit “decisions subject to AAT second review, for which the AAT Act makes provision”, substitute “decisions subject to ART review by the guidance and appeals panel or second review, for which the ART Act makes provision”. 99  Paragraph 111C(1)(c)  (c) in the ART for ART review, other than a proceeding in relation to a guidance and appeals panel application; or 100  Subsection 26(5) (note) Note: Section 266 of the Administrative Review Tribunal Act 2024 requires a decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision‑maker must have regard to the matters (if any) prescribed by rules made under that Act.