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Magistrates Court (Administrative Appeals Division) Act 2001
28Power to remit matters to decision-maker for further consideration
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### 28 Power to remit matters to decision-maker for further consideration
> > (1) At any stage of proceedings to determine an application for a review of a reviewable decision, the Court may remit the decision to the decision-maker who made it for reconsideration of the decision by the decision-maker.
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> > (2) If a decision is so remitted to a decision-maker, the decision-maker may reconsider the decision and may –
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> > > > (a) affirm the decision; or
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> > > > (b) vary the decision; or
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> > > > (c) set aside the decision and make a new decision in substitution for the decision set aside.
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> > (3) If the decision-maker varies the decision –
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> > > > (a) the application is taken to be an application for review of the decision as varied; and
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> > > > (b) the person who made the application may either –
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> > > > > > (i) proceed with the application for review of the decision as varied; or
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> > > > > > (ii) withdraw the application.
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> > (4) If the decision-maker sets the decision aside and makes a new decision in substitution for the decision set aside –
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> > > > (a) the application is taken to be an application for review of the new decision; and
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> > > > (b) the person who made the application may either –
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> > > > > > (i) proceed with the application for review of the new decision; or
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> > > > > > (ii) withdraw the application.