13Determination of application

13 Determination of application

(1)  If a relevant reviewing authority does not make a finding, under regulation 12 , after considering an application under regulation 10 , the reviewing authority must –

(a) affirm the administrative decision; or

(b) vary the administrative decision, if the decision is able to be varied and the variation is appropriate in the circumstances; or

(c) set aside the administrative decision.

(2)  The reviewing authority is taken to have made a determination under subregulation (1)(a) to affirm the administrative decision to which an application relates if a finding or determination is not made in respect of the application within –

(a) the time period specified in regulation 10 as it applies to the application; or

(b) if applicable, an extension of time period under regulation 11 .

(3)  If the reviewing authority varies the administrative decision under subregulation (1)(b) , the administrative decision as varied forms part of the determination for the purposes of these regulations.

(4)  If the reviewing authority sets aside the administrative decision under subregulation (1)(c) –

(a) the reviewing authority must make a new administrative decision in place of the administrative decision so set aside; and

(b) the new decision forms part of the determination for the purposes of these regulations.