31Powers of Tribunal to decide applications

31 Powers of Tribunal to decide applications

(1)  The Tribunal is to determine an application made to the Tribunal under section 21(1) by making a decision in accordance with section 196 or 197, as the case may be, of the National Law.

(2)  The Tribunal is to determine an application made to the Tribunal under section 21(2) by making a decision in accordance with section 202 of the National Law.

(3)  The Tribunal is to determine an application made to the Tribunal under section 21(4) for a review of a decision under a referring Act by making a decision in accordance with the referring Act.

(4)  If the referring Act to which an application under section 21(4) in respect of a decision relates does not set out how the Tribunal may decide the application, the Tribunal may determine the matter by –

(a) affirming the decision; or

(b) varying the decision; or

(c) setting aside the decision and making another decision in substitution for it; or

(d) setting aside the decision and remitting the matter for reconsideration, by the person who made the decision, in accordance with any directions or recommendations of the Tribunal.

(5)  Subject to subsection (6) , a decision of a person or body that is affirmed or varied by the Tribunal or a decision made by the Tribunal in substitution for a decision of a person or body –

(a) is taken to be a decision of the person or body; and

(b) subject to any contrary order by the Tribunal, has, or is taken to have had, effect from the time at which the decision affirmed or varied, or for which the decision is substituted, had effect.

(6)  Subsection (5)(a) does not apply for the purposes of an appeal to the Supreme Court.