42Review by Agency that may give rise to new decision

##### 42 Review by Agency that may give rise to new decision (1) For the purpose of reviewing a decision that may be reviewed under this section, the Agency may exercise all the powers and discretions that are conferred by any relevant enactment or industrial award on the person who made the decision and shall make a decision in writing: (a) affirming the decision under review; (b) varying the decision under review; or (c) setting aside the decision under review and: (i) making a decision in substitution for the decision so set aside; or (ii) remitting the matter for reconsideration in accordance with any directions or recommendations of the Agency. (2) The Agency shall cause a copy of its decision to be given to the person applying for review and the person who made the decision under review. (3) Subject to subsection (4), a decision of the Agency comes into operation forthwith upon the giving of the decision. (4) The Agency may specify in a decision that the decision is not to come into operation until a later date specified in the decision and, where a later date is so specified, the decision comes into operation on that date. (5) A decision of a person as varied by the Agency, or a decision made by the Agency in substitution for the decision of a person, shall, for all purposes (other than the purposes of applications to the Agency for a review), be deemed to be a decision of that person and, upon the coming into operation of the decision of the Agency, unless the Agency otherwise orders, has effect, or shall be deemed to have had effect, on and from the day on which the decision under review has or had effect.