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COMMONWEALTHAct
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s 78

Interaction between review and offer of redress

In force
Chapter 4Administrative matters
Part 4‑1Review of determinations
Division 2Review of determinations

78 Interaction between review and offer of redress

(1)

This section applies if:

(a)

a person is given an offer of redress under section 39; and

(b)

the person applies for review of the original determination.

(2)

If the person accepts or declines the offer in the acceptance period for the offer but before the review has been completed, then the application for review is taken to have been withdrawn immediately before the person accepted or declined the offer.

(3)

If, on review, the original determination is varied or substituted, then the Operator must:

(a)

withdraw the offer and notify the person in writing of that withdrawal; and

(b)

if the determination as varied or substituted approves the application for redress—give the person a new written offer of redress in accordance with section 39.

(4)

If:

(a)

on review, the original determination is affirmed; and

(b)

the determination as affirmed approves the application for redress; and

(c)

the person has been given an offer of redress under section 39;

then the Operator must extend the acceptance period under subsection 40(2) for an additional 2 months.

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