sch.3-sec.25 Pending relevant Minister decisions in relation to binding no-coverage determinations that are reviewed under old scheme
This clause applies if—
an old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and
an application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.
If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the decision of the old scheme relevant Minister is deemed to be, on the day the decision of the relevant appeals body takes effect—
if the decision is a binding no-coverage determination—a 15-year no-coverage determination;
if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the decision of the old scheme relevant Minister, that decision (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that decision takes effect—
if the decision is a binding no-coverage determination—a 15-year no-coverage determination;
if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a decision again in respect of the matter, the Minister must make a decision under clause 24.
If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and that is to operate in place of the decision of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect—
if the determination is a binding no-coverage determination—a 15-year no-coverage determination;
if the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
(sch.3-sec.25-ssec.1) This clause applies if— an old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and an application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.
(sch.3-sec.25-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the decision of the old scheme relevant Minister is deemed to be, on the day the decision of the relevant appeals body takes effect— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
(sch.3-sec.25-ssec.3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the decision of the old scheme relevant Minister, that decision (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that decision takes effect— if the decision is a binding no-coverage determination—a 15-year no-coverage determination; if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
(sch.3-sec.25-ssec.4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a decision again in respect of the matter, the Minister must make a decision under clause 24.
(sch.3-sec.25-ssec.5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the decision of the old scheme relevant Minister and that is to operate in place of the decision of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if the determination is a binding no-coverage determination—a 15-year no-coverage determination; if the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
- (a) an old scheme relevant Minister makes a decision under section 13J of the old access law in accordance with clause 24; and
- (b) an application is made under section 38 of the old access law for a review of the decision of the old scheme relevant Minister.
- (a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;
- (b) if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
- (a) if the decision is a binding no-coverage determination—a 15-year no-coverage determination;
- (b) if the decision is not to make a binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.
- (a) if the determination is a binding no-coverage determination—a 15-year no-coverage determination;
- (b) if the determination is not to make binding no-coverage determination—a decision not to make a 15-year no-coverage determination under section 162.