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Rural and Regional Adjustment Regulation 2011
sec.22Validation of particular sch 38 applications received by authority
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### sec.22 Validation of particular sch 38 applications received by authority
This section applies if—
before the commencement, an entity (the applicant ) made an application for a part 2 first payment (the part 2 first payment application ); and
before the commencement, either—
the authority decided to approve the part 2 first payment application; or
the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and
the applicant purportedly made an application for a part 2 second payment (the part 2 second payment application ) that was received by the authority no later than 6p.m. on 6 December 2021; and
a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.
Despite schedule 38, section 20(3), the part 2 second payment application is, and is taken to have always been, as valid as it would have been if a part 2 first payment had been made to the applicant before the applicant purportedly made the part 2 second payment application.
Terms defined in schedule 38 and used in this section have the same meanings as they have in schedule 38.
s 22 ins 2022 SL No. 36 s 3
(sec.22-ssec.1) This section applies if— before the commencement, an entity (the applicant ) made an application for a part 2 first payment (the part 2 first payment application ); and before the commencement, either— the authority decided to approve the part 2 first payment application; or the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and the applicant purportedly made an application for a part 2 second payment (the part 2 second payment application ) that was received by the authority no later than 6p.m. on 6 December 2021; and a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.
(sec.22-ssec.2) Despite schedule 38, section 20(3), the part 2 second payment application is, and is taken to have always been, as valid as it would have been if a part 2 first payment had been made to the applicant before the applicant purportedly made the part 2 second payment application.
(sec.22-ssec.3) Terms defined in schedule 38 and used in this section have the same meanings as they have in schedule 38.
- (a) before the commencement, an entity (the applicant ) made an application for a part 2 first payment (the part 2 first payment application ); and
- (b) before the commencement, either— (i) the authority decided to approve the part 2 first payment application; or (ii) the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and
- (i) the authority decided to approve the part 2 first payment application; or
- (ii) the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and
- (c) the applicant purportedly made an application for a part 2 second payment (the part 2 second payment application ) that was received by the authority no later than 6p.m. on 6 December 2021; and
- (d) a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.
- (i) the authority decided to approve the part 2 first payment application; or
- (ii) the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and