151CJFunctions and powers of Tribunal

151CJ Functions and powers of Tribunal

Decision on review

(1) On a review of a decision of the Commission of a kind mentioned in section 151CI, the Tribunal may make a decision:

(a) in any case—affirming the Commission’s decision; or

(b) in the case of a review of a decision of the Commission under section 151BA refusing to make an exemption order—both:

(i) setting aside the Commission’s decision; and

(ii) in substitution for the decision so set aside, making an exemption order; or

(c) in the case of a review of a decision of the Commission under section 151BG to revoke an exemption order—setting aside the Commission’s decision; or

(d) in the case of a review of a decision of the Commission under section 151BUA, 151BUB or 151BUC—setting aside or varying the Commission’s decision;

and, for the purposes of the review, the Tribunal may perform all the functions and exercise all the powers of the Commission.

(2) A decision by the Tribunal:

(a) affirming a decision of the Commission; or

(b) setting aside a decision of the Commission; or

(c) made in substitution for a decision of the Commission; or

(d) varying a decision of the Commission;

is taken, for the purposes of this Act (other than this Division), to be a decision of the Commission.

Conduct of review

(3) For the purposes of a review by the Tribunal, the member of the Tribunal presiding at the review may require the Commission to give such information, make such reports and provide such other assistance to the Tribunal as the member specifies.

(4) For the purposes of a review, the Tribunal may have regard to any information given, documents produced or evidence given to the Commission in connection with the making of the decision to which the review relates.

Note: Division 2 of Part IX applies to proceedings before the Tribunal.