Reviewer may reconsider reviewable decisions
308D Reviewer may reconsider reviewable decisions
The reviewer of a reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.
The reviewer may reconsider the decision even if:
an application for reconsideration of the decision has been made under section 308F; or
the decision has been confirmed, varied or set aside under section 308F and an application has been made under section 308H for review of the decision.
Subject to subsection 308H(2), after reconsidering the decision, the reviewer must:
confirm the decision; or
vary the decision; or
set the decision aside and substitute a new decision.
The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect:
on the day specified in the decision on review; or
if a day is not specified—on the day on which the decision on review was made.
The reviewer must give written notice of the decision on review to the person to whom that decision relates.
The notice:
must be given within a reasonable period after the decision is made; and
must contain a statement of the reasons for the reviewer’s decision on review.
Section 266 of the ART Act requires the person to be notified of the person’s review rights.
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