306Powers of Secretary or authorised review officer if application for review

306 Powers of Secretary or authorised review officer if application for review

Secretary or review officer may affirm, vary or substitute (1) If an application for review of a decision is made under subsection 304(1), the Secretary or an authorised review officer must: (a) affirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision. Notice to applicant (2) If a person makes a decision under subsection (1), the person must give the applicant written notice of the decision.

Note: Meaning of given—sections 28A and 29 of the Acts Interpretation Act 1901 provide that a notice is given:

(a) to a natural person if the notice is:

• delivered personally; or

• left at the last known address of the person; or

• sent by prepaid post to the last known address of the person; and

  (b) to a body corporate if the notice is left at, or sent by prepaid post to, the head office or a registered office or a principal office of the body corporate. Event taken to have occurred (3) If: (a) a person sets a decision aside under subsection (1); and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made; the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.