Div 5Modification of Administrative Appeals Tribunal Act in relation to AAT review

Division 5—Modification of Administrative Appeals Tribunal Act in relation to AAT review

110XA  Notice of application for AAT review

  The Administrative Appeals Tribunal Act 1975 (the AAT Act) applies to an application under subsection 103VA(1) of this Act for review of a decision as if the reference in subsection 29(11) of the AAT Act to the person who made the decision were a reference to each person who was a party to the review of the decision by the SSAT (other than the applicant).

110XB  Parties to AAT review

  The Administrative Appeals Tribunal Act 1975 (the AAT Act) applies to an application under subsection 103VA(1) of this Act for review as if the reference in paragraph 30(1)(b) of the AAT Act to the person who made the decision were a reference to each party to the review of the decision by the SSAT.

110XC  Lodgment of documents with the AAT

 (1) The Administrative Appeals Tribunal Act 1975 (the AAT Act) applies to an application under subsection 103VA(1) of this Act for review as if references in section 37 of the AAT Act to the person who made the decision the subject of the application were references to the Registrar.

 (2) If a person applies to the AAT under subsection 103VA(1) of this Act for review of a decision, the Registrar is taken to have complied with the Registrar’s obligations under paragraph 37(1)(a) of the AAT Act in relation to the decision if the Registrar gives the AAT the prescribed number of copies of the statement prepared by the SSAT under paragraph 103X(3)(b) of this Act.

 (3) Subsection (2) does not limit the powers of the AAT under section 38 of the AAT Act.

110XD  Power of AAT to obtain additional information

  The Administrative Appeals Tribunal Act 1975 (the AAT Act) applies to an application under subsection 103VA(1) of this Act for review as if references in section 38 of the AAT Act to the person who lodges with the AAT a statement referred to in paragraph 37(1)(a) of the AAT Act were references to the SSAT Principal Member.

110XE  Operation and implementation of the decision under review

 (1) The Administrative Appeals Tribunal Act 1975 (the AAT Act) applies to an application under subsection 103VA(1) of this Act for review of a decision as if references in subsection 41(4) of the AAT Act to the person who made the decision were references to each party to the review by the SSAT.

 (2) The AAT Act applies to an application under subsection 103VA(1) of this Act for review of a decision as if references in section 41 of the AAT Act to the decision to which the relevant proceeding relates were references to:

 (a) if the SSAT affirmed the decision (the original decision) that was reviewed by the SSAT—the original decision; or