39Notices about the effect of subsections 71(1), (2), (2A) and (2B) of the Act

#### 39 Notices about the effect of subsections 71(1), (2), (2A) and (2B) of the Act (1) For the purposes of subsection 71(3) of the Act, this section applies if: (a) because of subsection 71(1) of the Act, a person’s application for redress under the scheme is taken to have been withdrawn; or (b) because of subsection 71(2) of the Act: (i) a person’s application for redress under the scheme is taken to have been withdrawn; and (ii) the determination made under subsection 29(2) of the Act on the application is taken to have been revoked; and (iii) the offer of redress given to the person is taken to be withdrawn. (c) because of subsection 71(2A) of the Act a person is taken to have revoked their agreement to have the Operator reassess a determination under subsection 71C(1) of the Act; (d) because of subsection 71(2B) of the Act: (i) the new offer of redress given to the person is taken to be withdrawn; and (ii) the reassessment decision made under section 71D is taken to have been revoked by the Operator; and (iii) the person is taken to have revoked their agreement to have the Operator reassess the determination under subsection 71C(1). (2) The Operator must give written notice of the withdrawal of the application and, if relevant, the revocation of the determination and withdrawal of the offer, to: (a) the person; and (b) if the determination is revoked and the offer withdrawn—each institution and person to which the Operator was required: (i) by sections 35 and 35A of the Act to give notice of the determination; or (ii) by section 41 of the Act to give notice of the offer; (iii) by section 71E of the Act to give notice of the determination of a reassessment decision; or (iv) by section 71F of the Act to give notice of the reassessment decision. (3) Paragraph (2)(b) does not require the Operator to give notice to an institution if: (a) because of the withdrawal of the application, section 23 of the Act (about notifying institutions requested to give information relevant to an application of the withdrawal of the application) requires notice to be given to the institution; or (b) because of the revocation of the agreement to reassessment, section 71C of the Act requires notice to be given to the institution.