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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Administrative
Review Tribunal (Consequential and Transitional Provisions) Bill
2000
No. ,
2000
(Attorney-General)
A
Bill for an Act to repeal or amend certain Acts as a consequence of the
enactment of the Administrative Review Tribunal Act 2000, and for related
purposes
ISBN:
0642 452881
Contents
Aboriginal and Torres Strait Islander Commission Act
1989 5
Aboriginal Councils and Associations Act
1976 5
ACIS Administration Act
1999 5
Adelaide Airport Curfew Act
2000 6
Administrative Decisions (Judicial Review) Act
1977 6
Aged Care Act
1997 6
Aged or Disabled Persons Care Act
1954 6
Agricultural and Veterinary Chemical Products (Collection of Levy) Act
1994 6
Agricultural and Veterinary Chemicals (Administration) Act
1992 7
Agricultural and Veterinary Chemicals Code Act
1994 7
Aircraft Noise Levy Collection Act
1995 7
Air Navigation Act
1920 7
Air Navigation (Charges) Act
1952 7
Airports Act
1996 8
Air Services Act
1995 8
A New Tax System (Australian Business Number) Act
1999 8
A New Tax System (Bonuses for Older Australians) Act
1999 8
Antarctic Marine Living Resources Conservation Act
1981 8
Antarctic Treaty (Environment Protection) Act
1980 8
Archives Act
1983 9
Australian Capital Territory Taxation (Administration) Act
1969 9
Australia New Zealand Food Authority Act
1991 9
Australian Film Commission Act
1975 9
Australian Hearing Services Act
1991 9
Australian Meat and Live-stock Industry Act
1997 10
Australian National Railways Commission Act
1983 10
Australian Radiation Protection and Nuclear Safety Act
1998 10
Australian Sports Drug Agency Act
1990 10
Australian Wine and Brandy Corporation Act
1980 10
Bankruptcy Act
1966 11
Biological Control Act
1984 12
Bounty and Capitalisation Grants (Textile Yarns) Act
1981 12
Bounty (Bed Sheeting) Act
1977 12
Bounty (Books) Act
1986 12
Bounty (Citric Acid) Act
1991 12
Bounty (Computers) Act
1984 13
Bounty (Machine Tools and Robots) Act
1985 13
Bounty (Photographic Film) Act
1989 13
Bounty (Printed Fabrics) Act
1981 13
Bounty (Ships) Act
1989 13
Broadcasting Services Act
1992 13
Chemical Weapons (Prohibition) Act
1994 14
Child Support (Registration and Collection) Act
1988 14
Civil Aviation Act
1988 14
Classification (Publications, Films and Computer Games) Act
1995 14
Coal Excise Act
1949 14
Coal Industry Act
1946 14
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act
1992 15
Commerce (Trade Descriptions) Act
1905 15
Commonwealth Electoral Act
1918 15
Complaints (Australian Federal Police) Act
1981 15
Copyright Act
1968 16
Crimes (Taxation Offences) Act
1980 16
Customs Act
1901 16
Dairy Produce Act
1986 17
Debits Tax Administration Act
1982 18
Defence Force (Home Loans Assistance) Act
1990 18
Defence Force Retirement and Death Benefits Act
1973 18
Defence Service Homes Act
1918 18
Designs Act
1906 18
Diesel and Alternative Fuels Grants Scheme Act
1999 18
Diesel Fuel Taxation (Administration) Act
1957 19
Disability Discrimination Act
1992 19
Disability Services Act
1986 19
Distillation Act
1901 19
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act
1991 19
Environment Protection (Sea Dumping) Act
1981 19
Environment Protection and Biodiversity Conservation Act
1999 19
Environmental Reform (Consequential Provisions) Act
1999 20
Excise Act
1901 20
Export Expansion Grants Act
1978 20
Export Inspection and Meat Charges Collection Act
1985 20
Export Market Development Grants Act
1997 21
Federal Proceedings (Costs) Act
1981 21
Film Licensed Investment Company Act
1998 21
Financial Institutions Supervisory Levies Collection Act
1998 21
Financial Sector (Transfers of Business) Act
1999 21
First Home Owners Act
1983 22
Fisheries Management Act
1991 22
Freedom of Information Act
1982 22
Fringe Benefits Tax Assessment Act
1986 22
Gift Duty Assessment Act
1941 22
Governor-General Act
1974 23
Great Barrier Reef Marine Park Act
1975 23
Hazardous Waste (Regulation of Exports and Imports) Act
1989 23
Health and Other Services (Compensation) Act
1995 23
Health Insurance Act
1973 23
Hearing Services Administration Act
1997 24
Higher Education Funding Act
1988 25
Home Deposit Assistance Act
1982 25
Home Savings Grant Act
1976 25
Imported Food Control Act
1992 25
Income Tax Assessment Act
1936 26
Industrial Chemicals (Notification and Assessment) Act
1989 26
Industrial Research and Development Incentives Act
1976 26
Industry Research and Development Act
1986 26
Insurance Act
1973 27
Insurance Acquisitions and Takeovers Act
1991 27
Insurance (Agents and Brokers) Act
1984 27
Interstate Road Transport Act
1985 27
Judges’ Pensions Act
1968 28
Lands Acquisition Act
1989 28
Law Officers Act
1964 29
Life Insurance Act
1995 29
Liquefied Petroleum Gas (Grants) Act
1980 29
Liquid Fuel Emergency Act
1984 29
Loan (Income Equalization Deposits) Act
1976 30
Management and Investment Companies Act
1983 30
Marriage Act
1961 30
Meat Export Charge Collection Act
1984 30
Motor Vehicle Standards Act
1989 30
Mutual Recognition Act
1992 31
Narcotic Drugs Act
1967 31
National Environment Protection Measures (Implementation) Act
1998 31
National Health Act
1953 31
National Measurement Act
1960 31
National Occupational Health and Safety Commission Act
1985 32
National Transmission Network Sale Act
1998 32
Navigation Act
1912 32
Nuclear Non-Proliferation (Safeguards) Act
1987 32
Nursing Homes Assistance Act
1974 33
Offshore Minerals Act
1994 33
Ombudsman Act
1976 33
Ozone Protection Act
1989 34
Papua New Guinea (Staffing Assistance) Act
1973 34
Parliamentary Contributory Superannuation Act
1948 34
Passports Act
1938 34
Patents Act
1990 34
Pay-roll Tax Assessment Act
1941 34
Pay-roll Tax (Territories) Assessment Act
1971 34
Petroleum Excise (Prices) Act
1987 34
Petroleum Resource Rent Tax Assessment Act
1987 35
Petroleum (Submerged Lands) Act
1967 35
Pooled Development Funds Act
1992 35
Prawn Export Promotion Act
1995 35
Primary Industries Levies and Charges Collection Act
1991 35
Privacy Act
1988 35
Private Health Insurance Incentives Act
1998 36
Product Grants and Benefits Administration Act
2000 36
Protection of Movable Cultural Heritage Act
1986 36
Protection of the Sea (Civil Liability) Act
1981 36
Public Lending Right Act
1985 36
Radiocommunications Act
1992 36
Registration of Deaths Abroad Act
1984 37
Renewable Energy (Electricity) Act
2000 37
Retirement Savings Accounts Act
1997 37
Safety, Rehabilitation and Compensation Act
1988 37
Sales Tax Assessment Act (No. 1)
1930 38
Sales Tax Assessment Act
1992 38
Sea Installations Act
1987 38
Seafarers Rehabilitation and Compensation Act
1992 39
Sex Discrimination Act
1984 39
Shipping Registration Act
1981 39
Ships (Capital Grants) Act
1987 39
Small Superannuation Accounts Act
1995 39
Space Activities Act
1998 40
Spirits Act
1906 40
States Grants (Petroleum Products) Act
1965 40
Stevedoring Levy (Collection) Act
1998 40
Student Assistance Act
1973 40
Superannuation Act
1976 41
Superannuation (Excluded Funds) Taxation Act
1987 41
Superannuation Industry (Supervision) Act
1993 41
Superannuation (Self Managed Superannuation Funds) Taxation Act
1987 41
Swimming Pools Tax Refund Act
1992 42
Sydney Airport Curfew Act
1995 42
Taxation (Interest on Overpayments and Early Payments) Act
1983 42
Telecommunications Act
1997 42
Telstra Corporation Act
1991 42
Textile, Clothing and Footwear Strategic Investment Program Act
1999 43
Therapeutic Goods Act
1989 43
Tobacco Advertising Prohibition Act
1992 43
Trade Marks Act
1995 43
Trade Practices Act
1974 44
Tradesmen’s Rights Regulation Act
1946 44
Tradex Scheme Act
1999 44
Trans-Tasman Mutual Recognition Act
1997 44
Wildlife Protection (Regulation of Exports and Imports) Act
1982 44
Wool Tax (Administration) Act
1964 45
Aboriginal and Torres Strait Islander Commission Act
1989 46
Aboriginal Councils and Associations Act
1976 46
Acts Interpretation Act
1901 46
Administrative Decisions (Judicial Review) Act
1977 46
Aged or Disabled Persons Care Act
1954 46
Agricultural and Veterinary Chemical Products (Collection of Levy) Act
1994 47
Agricultural and Veterinary Chemicals (Administration) Act
1992 47
Agricultural and Veterinary Chemicals Code Act
1994 47
Air Navigation Act
1920 47
Air Navigation (Charges) Act
1952 47
Airports Act
1996 47
A New Tax System (Australian Business Number) Act
1999 48
Antarctic Marine Living Resources Conservation Act
1981 48
Antarctic Treaty (Environment Protection) Act
1980 48
Archives Act
1983 48
Australia New Zealand Food Authority Act
1991 48
Australian Capital Territory Taxation (Administration) Act
1969 48
Australian Hearing Services Act
1991 48
Australian National Railways Commission Act
1983 49
Australian Sports Drug Agency Act
1990 49
Australian Wine and Brandy Corporation Act
1980 49
Bankruptcy Act
1966 49
Biological Control Act
1984 49
Bounty (Books) Act
1986 50
Bounty (Citric Acid) Act
1991 50
Bounty (Computers) Act
1984 50
Bounty (Machine Tools and Robots) Act
1985 50
Bounty (Photographic Film) Act
1989 50
Bounty (Ships) Act
1989 50
Chemical Weapons (Prohibition) Act
1994 50
Child Support (Assessment) Act
1989 51
Child Support (Registration and Collection) Act
1988 51
Civil Aviation Act
1988 51
Classification (Publications, Films and Computer Games) Act
1995 51
Coal Industry Act
1946 51
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act
1992 51
Commerce (Trade Descriptions) Act
1905 52
Commonwealth Electoral Act
1918 52
Copyright Act
1968 52
Customs Act
1901 52
Dairy Produce Act
1986 53
Debits Tax Administration Act
1982 53
Defence Force (Home Loans Assistance) Act
1990 53
Defence Force Retirement and Death Benefits Act
1973 53
Defence Service Homes Act
1918 53
Designs Act
1906 54
Development Allowance Authority Act
1992 54
Disability Discrimination Act
1992 54
Disability Services Act
1986 54
Distillation Act
1901 54
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act
1991 54
Environment Protection and Biodiversity Conservation Act
1999 54
Excise Act
1901 55
Export Expansion Grants Act
1978 55
Export Inspection and Meat Charges Collection Act
1985 55
Export Market Development Grants Act
1997 55
Farm Household Support Act
1992 55
Financial Institutions Supervisory Levies Collection Act
1998 55
First Home Owners Act
1983 55
Fisheries Management Act
1991 55
Freedom of Information Act
1982 56
Great Barrier Reef Marine Park Act
1975 56
Hazardous Waste (Regulation of Exports and Imports) Act
1989 56
Health Insurance Act
1973 56
Hearing Services Administration Act
1997 57
Higher Education Funding Act
1988 57
Home Deposit Assistance Act
1982 57
Home Savings Grant Act
1976 58
Imported Food Control Act
1992 58
Income Tax Assessment Act
1936 58
Income Tax Assessment Act
1997 58
Industrial Chemicals (Notification and Assessment) Act
1989 58
Industrial Research and Development Incentives Act
1976 58
Industry Research and Development Act
1986 59
Insurance Acquisitions and Takeovers Act
1991 59
Insurance Act
1973 59
Insurance (Agents and Brokers) Act
1984 59
Interstate Road Transport Act
1985 59
Lands Acquisition Act
1989 59
Liquefied Petroleum Gas (Grants) Act
1980 60
Liquid Fuel Emergency Act
1984 60
Management and Investment Companies Act
1983 60
Marriage Act
1961 60
Meat Export Charge Collection Act
1984 60
Motor Vehicle Standards Act
1989 61
Mutual Recognition Act
1992 61
National Environment Protection Measures (Implementation) Act
1998 61
National Health Act
1953 61
National Occupational Health and Safety Commission Act
1985 61
Navigation Act
1912 62
Nuclear Non-Proliferation (Safeguards) Act
1987 62
Nursing Homes Assistance Act
1974 62
Offshore Minerals Act
1994 62
Papua New Guinea (Staffing Assistance) Act
1973 63
Parliamentary Contributory Superannuation Act
1948 63
Passports Act
1938 63
Patents Act
1990 63
Pay-roll Tax Assessment Act
1941 63
Petroleum (Submerged Lands) Act
1967 63
Petroleum Excise (Prices) Act
1987 63
Petroleum Resource Rent Tax Assessment Act
1987 64
Pooled Development Funds Act
1992 64
Prawn Export Promotion Act
1995 64
Primary Industries Levies and Charges Collection Act
1991 64
Privacy Act
1988 64
Protection of Movable Cultural Heritage Act
1986 64
Protection of the Sea (Civil Liability) Act
1981 64
Public Lending Right Act
1985 64
Radiocommunications Act
1992 65
Registration of Deaths Abroad Act
1984 65
Renewable Energy (Electricity) Act
2000 65
Retirement Savings Accounts Act
1997 65
Safety, Rehabilitation and Compensation Act
1988 65
Sea Installations Act
1987 65
Sex Discrimination Act
1984 66
Shipping Registration Act
1981 66
Ships (Capital Grants) Act
1987 66
Small Superannuation Accounts Act
1995 66
Spirits Act
1906 66
Student Assistance Act
1973 66
Superannuation Act
1976 66
Superannuation (Excluded Funds) Taxation Act
1987 66
Superannuation Industry (Supervision) Act
1993 67
Superannuation (Self Managed Superannuation Funds) Taxation Act
1987 67
Telecommunications Act
1997 67
Telstra Corporation Act
1991 67
Textile, Clothing and Footwear Strategic Investment Program Act
1999 67
Therapeutic Goods Act
1989 67
Tobacco Advertising Prohibition Act
1992 68
Torres Strait Fisheries Act
1984 68
Trade Marks Act
1995 68
Trade Practices Act
1974 68
Tradesmen’s Rights Regulation Act
1946 68
Trans-Tasman Mutual Recognition Act
1997 68
Wildlife Protection (Regulation of Exports and Imports) Act
1982 69
ACIS Administration Act
1999 70
Adelaide Airport Curfew Act
2000 70
Administrative Decisions (Judicial Review) Act
1977 71
Aged Care Act
1997 71
Aged or Disabled Persons Care Act
1954 71
Agricultural and Veterinary Chemical Products (Collection of Interim
Levy) Act
1994 72
Agricultural and Veterinary Chemical Products (Collection of Levy) Act
1994 72
Agricultural and Veterinary Chemicals (Administration) Act
1992 72
Agricultural and Veterinary Chemicals Code Act
1994 72
Air Navigation Act
1920 73
A New Tax System (Australian Business Number) Act
1999 73
A New Tax System (Bonuses for Older Australians) Act
1999 74
Archives Act
1983 74
Australia New Zealand Food Authority Act
1991 80
Australian Federal Police Act
1979 80
Australian Horticultural Corporation Act
1987 82
Australian Radiation Protection and Nuclear Safety Act
1998 82
Australian Sports Drug Agency Act
1990 82
Australian Wine and Brandy Corporation Act
1980 82
Bankruptcy Act
1966 83
Bounty (Books) Act
1986 83
Bounty (Computers) Act
1984 83
Bounty (Fuel Ethanol) Act
1994 84
Bounty (Machine Tools and Robots) Act
1985 84
Bounty (Ships) Act
1989 84
Broadcasting Services Act
1992 85
Child Support (Assessment) Act
1989 86
Child Support (Registration and Collection) Act
1988 88
Coal Excise Act
1949 88
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act
1992 89
Commerce (Trade Descriptions) Act
1905 89
Commonwealth Electoral Act
1918 89
Copyright Act
1968 89
Customs Act
1901 90
Dairy Produce Act
1986 92
Debits Tax Administration Act
1982 93
Defence Act
1903 93
Designs Act
1906 94
Development Allowance Authority Act
1992 95
Diesel and Alternative Fuels Grants Scheme Act
1999 96
Disability Services Act
1986 96
Distillation Act
1901 96
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act
1991 97
Electronic Transactions Act
1999 97
Environmental Reform (Consequential Provisions) Act
1999 97
Environment Protection and Biodiversity Conservation Act
1999 97
Excise Act
1901 98
Export Control Act
1982 98
Export Market Development Grants Act
1997 98
Federal Proceedings (Costs) Act
1981 98
Financial Institutions Supervisory Levies Collection Act
1998 99
Fisheries Management Act
1991 99
Freedom of Information Act
1982 100
Fringe Benefits Tax Assessment Act
1986 106
Great Barrier Reef Marine Park Act
1975 106
Hazardous Waste (Regulation of Exports and Imports) Act
1989 107
Health and Other Services (Compensation) Act
1995 107
Health Insurance Act
1973 108
Hearing Services Administration Act
1997 109
Higher Education Funding Act
1988 109
Horticultural Research and Development Corporation Act
1987 110
Imported Food Control Act
1992 110
Income Tax Assessment Act
1936 110
Income Tax Assessment Act
1997 113
Industrial Chemicals (Notification and Assessment) Act
1989 113
Industry Research and Development Act
1986 114
Insurance Acquisitions and Takeovers Act
1991 115
Insurance Act
1973 116
Judicial and Statutory Officers (Remuneration and Allowances) Act
1984 117
Lands Acquisition Act
1989 118
Life Insurance Act
1995 119
Meat Inspection Act
1983 121
Motor Vehicle Standards Act
1989 121
Mutual Recognition Act
1992 121
Narcotic Drugs Act
1967 121
National Crime Authority Act
1984 122
National Health Act
1953 122
Navigation Act
1912 122
Offshore Minerals Act
1994 122
Ombudsman Act
1976 123
Ozone Protection Act
1989 123
Passports Act
1938 123
Pay-roll Tax Assessment Act
1941 124
Pay-roll Tax (Territories) Assessment Act
1971 124
Petroleum Excise (Prices) Act
1987 124
Plant Breeder’s Rights Act
1994 124
Prawn Export Promotion Act
1995 127
Primary Industries Levies and Charges Collection Act
1991 127
Privacy Act
1988 127
Private Health Insurance Incentives Act
1998 127
Product Grants and Benefits Administration Act
2000 128
Radiocommunications Act
1992 128
Remuneration and Allowances Act
1990 130
Retirement Savings Accounts Act
1997 130
Safety, Rehabilitation and Compensation Act
1988 131
Seafarers Rehabilitation and Compensation Act
1992 135
Sea Installations Act
1987 141
Ships (Capital Grants) Act
1987 142
Small Superannuation Accounts Act
1995 142
Spirits Act
1906 142
Student Assistance Act
1973 143
Superannuation Act
1976 146
Superannuation Industry (Supervision) Act
1993 146
Superannuation (Self Managed Superannuation Funds) Taxation Act
1987 147
Swimming Pools Tax Refund Act
1992 147
Telecommunications Act
1997 147
Telecommunications (Interception) Act
1979 148
Textile, Clothing and Footwear Strategic Investment Program Act
1999 151
Therapeutic Goods Act
1989 151
Trade Practices Act
1974 152
Tradesmen’s Rights Regulation Act
1946 152
Tradex Scheme Act
1999 152
Trans-Tasman Mutual Recognition Act
1997 152
Part 1—Amendment of Social Security Act
1991 204
Part 2—Amendment of Social Security (Administration) Act
1999 206
Part 1—Amendment of Migration Act
1958 246
Part 2—Amendment of Australian Citizenship Act
1948 321
Part 3—Amendment of Immigration (Guardianship of Children) Act
1946 322
Part 1—Definitions
etc. 324
Part 2—Members of the Administrative Appeals
Tribunal 327
Part 3—Transfer of evidence, records and documents
etc. 330
Part 4—Annual
report 331
Part 5—Rights to notice and statements in relation to pre-AAT
abolition time
decisions 332
Part 6—Applications for ART review of pre-AAT abolition time
decisions 337
Part 7—ART continuation of AAT
review 339
Part 8—Continuation of other AAT
jurisdiction 351
Part 9—Effect of repeal of AAT Act on AAT decisions and Federal
Court appeals against such decisions
etc. 352
Part 10—Other transitional
matters 361
Part 11—Administrative Review Council appointments, performance
of functions etc. unaffected by repeal of Part V of AAT
Act 362
Part 1—Abolition of Migration Review
Tribunal 363
Division 1—Definitions 363
Division 2—Members of the Migration Review
Tribunal 363
Division 3—Transfer of evidence, records and documents
etc. 364
Division 4—Annual
report 364
Division 5—Rights to notice and statements in relation to
pre-MRT abolition time decisions reviewable by
MRT 365
Division 6—Applications for ART review of pre-MRT abolition time
decisions reviewable by
MRT 365
Division 7—ART continuation of MRT
review 366
Division 8—Effect of repeal of Part 6 of Migration Act 1958
on MRT decisions and Federal Court appeals against such decisions
etc. 377
Part 2—Abolition of Refugee Review
Tribunal 382
Division 1—Definitions 382
Division 2—Members of the Refugee Review
Tribunal 382
Division 3—Transfer of evidence, records and documents
etc. 383
Division 4—Annual
report 383
Division 5—Rights to notice and statements in relation to
pre-RRT abolition time decisions reviewable by
RRT 383
Division 6—Applications for ART review of pre-RRT abolition time
decisions reviewable by
RRT 384
Division 7—ART continuation of RRT
review 384
Division 8—Effect of repeal of Part 7 of Migration Act 1958
on RRT decisions and Federal Court appeals against such decisions
etc. 393
Part 1—Definitions 398
Part 2—Transfer of records and
documents 400
Part 3—Annual
report 401
Part 4—Applications for ART review of SSAT reviewable
decisions 402
Part 5—ART continuation of SSAT
review 404
Part 6—Effect of amendments made by this Act on SSAT decisions
etc. 409
Federal Court of Australia Act
1976 415
A Bill for an Act to repeal or amend certain Acts as a
consequence of the enactment of the Administrative Review Tribunal Act
2000, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Administrative Review Tribunal
(Consequential and Transitional Provisions) Act 2000.
(1) This section, section 1, section 3 and Parts 1 and 11
of Schedule 15 commence, or are taken to have commenced, on the day on
which the Administrative Review Tribunal Act 2000 receives the Royal
Assent.
(2) Subject to this section, the remaining provisions of this Act commence
on the day (the jurisdiction commencement day) on which
Parts 4 to 10 of the Administrative Review Tribunal Act 2000
commence.
(3) If item 139E of Schedule 1 to the Broadcasting Services
Amendment (Digital Television and Datacasting) Act 2000 has not commenced
before the jurisdiction commencement day, item 109 of Schedule 3 to
this Act commences immediately after item 139E of Schedule 1 to the
Broadcasting Services Amendment (Digital Television and Datacasting) Act
2000 commences.
(4) If item 140 of Schedule 1 to the Broadcasting Services
Amendment (Digital Television and Datacasting) Act 2000 has not commenced
before the jurisdiction commencement day, items 124, 125 and 126 of
Schedule 1 and item 101 of Schedule 3 to this Act commence
immediately after item 140 of Schedule 1 to the Broadcasting
Services Amendment (Digital Television and Datacasting) Act 2000
commences.
(5) If item 36 of Schedule 2 to the Broadcasting Services
Amendment (Digital Television and Datacasting) Act 2000 has not commenced
before the jurisdiction commencement day, item 460 of Schedule 1 and
item 395 of Schedule 3 to this Act commence immediately after
item 36 of Schedule 2 to the Broadcasting Services Amendment
(Digital Television and Datacasting) Act 2000 commences.
(6) If item 50 of Schedule 2 to the Broadcasting Services
Amendment (Digital Television and Datacasting) Act 2000 has not commenced
before the jurisdiction commencement day, items 401 and 402 of
Schedule 3 to this Act commence immediately after item 50 of
Schedule 2 to the Broadcasting Services Amendment (Digital Television
and Datacasting) Act 2000 commences.
(7) If item 25 of Schedule 1 to the Classification
(Publications, Films and Computer Games) Amendment Act (No. 2) 2000
commences before the jurisdiction commencement day, item 132 of
Schedule 1 and item 74 of Schedule 2 to this Act do not
commence.
(8) If the Renewable Energy (Electricity) Act 2000 has not
commenced before the jurisdiction commencement day, items 463 to 469 of
Schedule 1 and items 265 and 266 of Schedule 2 to this Act
commence immediately after the Renewable Energy (Electricity) Act 2000
commences.
(9) If the Tradesmen’s Rights Regulation Repeal Act 2000
commences before the jurisdiction commencement day, items 569 and 570 of
Schedule 1, items 308 and 309 of Schedule 2 and item 577 of
Schedule 3 to this Act do not commence.
Part V of the Administrative Appeals Tribunal Act 1975 is
repealed.
The Administrative Appeals Tribunal Act 1975 is
repealed.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
(1) The Governor-General may make regulations:
(a) amending Acts, by making amendments (in addition to the amendments by
Schedules to this Act) that are consequential on:
(i) the repeals and amendments made by the Schedules to this Act;
and
(ii) the enactment of the Administrative Review Tribunal Act 2000;
and
(b) providing for matters of a transitional or saving nature (in addition
to those in Schedules 15, 16 and 17) arising from:
(i) any of the repeals or amendments made by the Schedules to this Act or
by regulations under paragraph (a); or
(ii) the transition from the Administrative Appeals Tribunal Act
1975 to the Administrative Review Tribunal Act 2000.
(2) For the purposes of the Amendments Incorporation Act 1905,
amendments made by regulations under paragraph (1)(a) are to be treated as
if they had been made by an Act.
(3) Regulations made under this section within one year after the
commencement of this section may commence on a day earlier than the day on which
they are made, but not earlier than the commencement of this
section.
1 Amendment of Acts
The specified provisions of the Acts listed in this Schedule are amended by
omitting “Administrative Appeals Tribunal” (wherever occurring) and
substituting “Administrative Review Tribunal”.
Aboriginal and Torres
Strait Islander Commission Act 1989
2 Paragraph 123A(3)(b)
3 Subparagraph
123A(3)(d)(ii)
4 Subsection 196(1)
Note: The heading to section 196 is altered by omitting
“Appeals” and substituting
“Review”.
5 Subsection 196(2)
6 Subsection 196A(1)
Note: The heading to section 196A is altered by
omitting “Appeals” and substituting
“Review”.
7 Subsection 196A(2)
Aboriginal Councils and
Associations Act 1976
8 Subsection 77(1)
9 Subsection 77A(1)
10 Paragraph 66(d)
11 Section 111
12 Paragraph 113(1)(a)
13 Section 114
Adelaide Airport Curfew
Act 2000
14 Subsection 9(7)
15 Subsection 11(7)
Administrative Decisions
(Judicial Review) Act 1977
16 Paragraph (y) of
Schedule 1
17 Section 85-8
Note: The heading to section 85-8 is altered by
omitting “AAT” and substituting
“ART”.
Aged or Disabled Persons
Care Act 1954
18 Subsection 10H(1) (definition of
Tribunal)
19 Paragraph 10H(6)(b)
20 Paragraph 10H(8)(b)
Agricultural and
Veterinary Chemical Products (Collection of Levy) Act
1994
21 Subsection 18(7)
22 Subsection 18(8)
23 Subsection 18(10)
24 Subsection 33(1)
Note: The heading to section 33 is altered by omitting
“Appeals” and substituting
“Review”.
Agricultural and
Veterinary Chemicals (Administration) Act 1992
25 Subsection 69D(1B)
26 Paragraph 69D(1C)(a)
Agricultural and
Veterinary Chemicals Code Act 1994
27 Paragraph 166(1)(b) of the
Schedule
28 Subsection 167(1) of the
Schedule
29 Paragraph 168(1)(a) of the
Schedule
30 Subsection 183(1) of the
Schedule
Note: The heading to section 183 is altered by omitting
“Appeals” and substituting
“Review”.
Aircraft Noise Levy
Collection Act 1995
31 Subsection 10(2)
32 Subsection 23A(1)
Note: The heading to section 23A is altered by omitting
“Appeals” and substituting
“Review”.
33 Paragraph 23A(2)(a)
Air Navigation (Charges)
Act 1952
34 Subsection 5B(5)
35 Paragraph 5C(1)(b)
36 Subsection 5C(2)
37 Paragraph 6(2)(c)
38 Section 241
39 Subsection 242(1)
Note: The heading to section 242 is altered by omitting
“Appeals” and substituting
“Review”.
40 Subsection 242(3)
41 Subsection 242(6)
Note: The heading to subsection 242(6) is altered by
omitting “Appeals” and substituting
“Review”.
42 Subsection 73(6)
A New Tax System
(Australian Business Number) Act 1999
43 Subsection 21(1)
44 Subsection 27A(1)
45 Subparagraph
30(3)(c)(iv)
A New Tax System (Bonuses
for Older Australians) Act 1999
46 Subsection 53(4)
Note: The heading to subsection 53(4) is altered by omitting
“Administrative Appeals Tribunal” and substituting
“Administrative Review Tribunal”.
Antarctic Marine Living
Resources Conservation Act 1981
47 Subsection 23(1)
Antarctic Treaty
(Environment Protection) Act 1980
48 Subsection 28(1)
49 Subsection 3(1) (definition of
Tribunal)
50 Subsection 43(1)
Note: The heading to section 43 is altered by omitting
“Appeals” and substituting
“Review”.
Australian Capital
Territory Taxation (Administration) Act 1969
51 Section 4 (definition of
Tribunal)
Australia New Zealand Food
Authority Act 1991
52 Paragraph 13A(5)(b)
53 Paragraph 15A(3)(b)
54 Subsection 35(6)
55 Subsection 35(7) (definition of review
period)
56 Subsection 63(1)
57 Paragraph 64(1)(c)
58 Paragraph 69(g)
59 Paragraph 69(h)
Australian Film Commission
Act 1975
60 Subsection 10(8)
Australian Hearing
Services Act 1991
61 Paragraph 65(1)(e)
Note: The heading to section 65 is altered by omitting
“Appeals” and substituting
“Review”.
62 Subsection 65(3)
Australian Meat and
Live-stock Industry Act 1997
63 Subsection 14(1)
64 Subsection 20(2)
65 Subsection 22(9)
66 Subsection 23(8)
67 Subsection 24(4)
68 Section 30
Australian National
Railways Commission Act 1983
69 Subsection 76(4)
70 Subsection 76(6)
Australian Radiation
Protection and Nuclear Safety Act 1998
71 Subsection 40(5)
72 Subsection 42(5)
Australian Sports Drug
Agency Act 1990
73 Paragraph 9A(2)(a)
74 Subsection 15(4)
75 Subsection 16(2)
Australian Wine and Brandy
Corporation Act 1980
76 Paragraph 8(2C)(a)
77 Subsection 8(2E)
78 Paragraph 8(2G)(a)
79 Paragraph 40X(2)(a)
80 Subsection 40Y(1)
81 Paragraph 40Z(1)(a)
82 Subsection 139T(11)
83 Subsection 139T(13)
84 Subsection 139T(14)
85 Subsection 139ZE(3)
86 Subsection 139ZE(4)
87 Section 139ZF
Note: The heading to section 139ZF is altered by
omitting “Appeals” and substituting
“Review”.
88 Paragraph 139ZG(2)(c)
89 Subparagraph
149F(1)(a)(ii)
90 Paragraph 149N(2)(a)
91 Subsection 149P(3)
92 Subsection 149P(4)
93 Section 149Q
Note: The heading to section 149Q is altered by
omitting “Appeals” and substituting
“Review”.
94 Paragraph 149ZG(2)(b)
95 Subsection 149ZK(2)(a)
96 Subsection 149ZL(3)
97 Subsection 149ZL(4)
98 Section 149ZM
Note: The heading to section 149ZM is altered by
omitting “Appeals” and substituting
“Review”.
99 Subsection 155A(7)
100 Subsection 155F(3)
101 Subsection 155I(5)
102 Subsection 185E(4)
103 Paragraph 282(2)(d)
104 Paragraph 283(2)(d)
105 Paragraph 305(1)(aa)
106 Subsection 56(1)
Bounty and Capitalisation
Grants (Textile Yarns) Act 1981
107 Section 21
Bounty (Bed Sheeting) Act
1977
108 Section 21
109 Subsection 33(1)
110 Subsection 34(1)
111 Subsection 28(1)
112 Subsection 29(1)
113 Subsection 32(1)
114 Subsection 33(1)
Bounty (Machine Tools and
Robots) Act 1985
115 Subsection 40(1)
116 Subsection 41(1)
Bounty (Photographic Film)
Act 1989
117 Subsection 29(1)
118 Subsection 30(1)
Bounty (Printed Fabrics)
Act 1981
119 Section 21
120 Subsection 31(1)
121 Subsection 32(1)
Broadcasting Services Act
1992
122 Section 204
Note: The heading to section 204 is altered by omitting
“Appeals” and substituting
“Review”.
123 Paragraph 205(b)
124 Paragraph 57(5)(a) of
Schedule 6
125 Clause 58 of
Schedule 6
Note: The heading to clause 58 is altered by omitting
“Appeals” and substituting
“Review”.
126 Paragraph 59(b) of
Schedule 6
Chemical Weapons
(Prohibition) Act 1994
127 Subsection 26(3)
128 Subsection 27(1)
Child Support
(Registration and Collection) Act 1988
129 Subsection 4(1) (definition of
Tribunal)
130 Subsection 31(2)
131 Subsection 31(3)
Classification
(Publications, Films and Computer Games) Act 1995
132 Subsection 16(3)
133 Section 86
Note: The heading to section 86 is altered by omitting
“AAT” and substituting
“ART”.
134 Subsection 91(3)
135 Section 27A
136 Subsection 24(2)
137 Subsection 24(3)
Coal Mining Industry (Long
Service Leave) Payroll Levy Collection Act 1992
138 Paragraph 8(5)(a)
139 Subsection 8(7)
Commerce (Trade
Descriptions) Act 1905
140 Subsection 15(1)
Commonwealth Electoral Act
1918
141 Subsection 96(6)
142 Paragraph 104(9)(a)
143 Subsection 120(8)
144 Subsection 121(1)
Note: The heading to section 121 is altered by omitting
“Appeals” and substituting
“Review”.
145 Section 127
146 Subsection 141(5)
147 Paragraph 141(8)(b)
148 Subsection 141(9)
Complaints (Australian
Federal Police) Act 1981
149 Subsection 27A(1)
Note: The heading to section 27A is altered by omitting
“AAT” and substituting
“ART”.
150 Subsection 28(1)
Note: The heading to section 28 is altered by omitting
“AAT” and substituting
“ART”.
151 Paragraph 195B(2)(b)
152 Subsection 195B(5)
Crimes (Taxation Offences)
Act 1980
153 Subsection 13(3)
154 Subsection 14(3)
155 Subsection 15(3)
156 Subsection 16(3)
157 Subsection 17(3)
158 Subsection 18(3)
159 Subsection 19(3)
160 Subsection 20(3)
161 Paragraph 67EM(5)(b)
162 Subsection 77F(1) (definition of
Tribunal)
163 Paragraph 164AD(5)(a)
164 Paragraph 164AD(6)(b)
165 Paragraph 164AF(3)(a)
166 Paragraph 243T(4)(a)
167 Subsection 243U(5)
168 Paragraph 269N(1)(b)
169 Paragraph 269SD(2)(b)
170 Subsection 269SHA(1)
Note: The heading to section 269SHA is replaced by the
heading “Administrative Review Tribunal review of reconsideration
decisions”.
171 Subsection 269SHA(5)
172 Subsection 273GA(1)
173 Subsection 273H(1)
174 Subsection 273HA(1)
175 Subsection 273J(1)
176 Subsection 273JA(1)
177 Subsection 273K(1)
178 Subsection 56(6)
179 Subsection 118(11)
180 Paragraph 118(12)(b)
181 Subsection 118(13)
182 Paragraph 25(1)(c) of
Schedule 2
183 Subclause 25(4) of
Schedule 2
184 Paragraph 26(1)(d) of
Schedule 2
185 Subclause 26(2) of
Schedule 2
186 Subclause 130(5) of
Schedule 2
187 Paragraph 130(6)(b) of
Schedule 2
188 Subclause 130(7) of
Schedule 2
Debits Tax Administration
Act 1982
189 Subsection 3(1) (definition of
Tribunal)
Defence Force (Home Loans
Assistance) Act 1990
190 Paragraph 34(1)(c)
Note: The heading to section 34 is altered by omitting
“Appeals” and substituting
“Review”.
191 Subsection 34(3)
Defence Force Retirement
and Death Benefits Act 1973
192 Subsection 99(6)
Defence Service Homes Act
1918
193 Paragraph 44(1)(e)
Note: The heading to section 44 is altered by omitting
“Appeals” and substituting
“Review”.
194 Subsection 44(3)
195 Subsection 40K(1)
Note: The heading to section 40K is altered by omitting
“Appeals” and substituting
“Review”.
196 Paragraph 40K(2)(a)
Diesel and Alternative
Fuels Grants Scheme Act 1999
197 Subsection 16B(4) (paragraph (b) of the
definition of decision to which this section
applies)
198 Subparagraph
46(3)(c)(iv)
Diesel Fuel Taxation
(Administration) Act 1957
199 Section 21A
Disability Discrimination
Act 1992
200 Section 56
Note: The heading to section 56 is altered by omitting
“Appeals” and substituting
“Review”.
201 Paragraph 57(1)(d)
202 Subsection 26(6)
203 Subsection 82B(1)
Education Services for
Overseas Students (Registration of Providers and Financial Regulation) Act
1991
204 Subsection 14(1)
205 Paragraph 14(2)(a)
206 Paragraph 14(2)(b)
Environment Protection
(Sea Dumping) Act 1981
207 Subsection 24(1)
Environment Protection and
Biodiversity Conservation Act 1999
208 Section 206A
209 Section 221A
210 Section 243A
211 Section 263A
212 Paragraph 472(2)(a)
213 Subsection 473(1)
Note: The heading to section 473 is altered by omitting
“Appeals” and substituting
“Review”.
Environmental Reform
(Consequential Provisions) Act 1999
214 Subitem 9(1) of
Schedule 2
215 Paragraph 78AE(5)(a)
216 Paragraph 78AE(6)(b)
217 Paragraph 78AG(3)(a)
218 Subsection 162C(1)
219 Subsection 162C(2)
220 Subsection 165A(13)
221 Subsection 165A(14)
222 Paragraph 165A(14)(a)
Export Expansion Grants
Act 1978
223 Subsection 17(6)
Export Inspection and Meat
Charges Collection Act 1985
224 Subsection 16(6)
225 Paragraph 16(7)(b)
226 Subsection 16(8)
Export Market Development
Grants Act 1997
227 Section 99
Note 1: The heading to section 99 is altered by
omitting “AAT” and substituting
“ART”.
Note 2: The Reader’s Guide (Related legislation) is
altered by omitting “Administrative Affairs Tribunal” and
substituting “Administrative Review Tribunal”.
Federal Proceedings
(Costs) Act 1981
228 Subsection 3(1) (paragraph (g) of the
definition of Federal appeal)
229 Subsection 3(1) (subparagraph (ga)(i)
of the definition of Federal appeal)
230 Subsection 18(2A)
231 Schedule
Film Licensed Investment
Company Act 1998
232 Section 42
Financial Institutions
Supervisory Levies Collection Act 1998
233 Subsection 27(6)
234 Subsection 27(8)
235 Subsection 27(9)
236 Paragraph 28(1)(b)
237 Subsection 28(2)
Financial Sector
(Transfers of Business) Act 1999
238 Section 45
239 Subsection 27(5)
240 Paragraph 28(1)(b)
241 Subsection 28(2)
242 Subsection 50(2)
243 Subsection 157(1)
244 Subsection 157(2)
245 Subsection 165(7)
Note: The heading to section 165 is altered by omitting
“Appeals” and substituting
“Review”.
246 Subsection 165(8)
247 Paragraph 165(11)(b)
248 Subsection 165(12)
Freedom of Information Act
1982
249 Subsection 4(1) (definition of
Tribunal)
250 Subsection 55(1)
Note: The heading to section 55 is altered by omitting
“Appeals” and substituting
“Review”.
Fringe Benefits Tax
Assessment Act 1986
251 Subsection 136(1) (definition of
Tribunal)
252 Section 4 (definition of
Tribunal)
253 Section 4B
Great Barrier Reef Marine
Park Act 1975
254 Subsection 59G(2)
255 Paragraph 59G(3)(b)
Hazardous Waste
(Regulation of Exports and Imports) Act 1989
256 Section 57
257 Paragraph 58(1)(a)
258 Paragraph 58(1)(b)
Health and Other Services
(Compensation) Act 1995
259 Subsection 33G(1)
Note: The heading to section 33G is altered by omitting
“Appeals” and substituting
“Review”.
260 Subsection 3K(6)
261 Subsection 19AC(6)
262 Paragraph 19CA(5)(b)
263 Subsection 19CA(8)
264 Subsection 20AD(5)
265 Paragraph 20DC(10)(d)
266 Paragraph 23DC(11)(b)
267 Paragraph 23DF(11)(d)
268 Paragraph 23DF(12)(b)
269 Subsection 23DL(9)
270 Subsection 23DN(7)
271 Subsection 23DO(4)
272 Subsection 23DO(5)
273 Section 23DZD
274 Subsection 23DZE(1)
275 Subsection 23EB(1)
276 Subsection 124Q(2)
277 Section 124R
Note: The heading to section 124R is altered by
omitting “Appeals” and substituting
“Review”.
278 Subsection 124S(1)
279 Subsection 124T(3)
Hearing Services
Administration Act 1997
280 Section 28
281 Subparagraph
30(1)(b)(i)
282 Paragraph 34(1)(a)
283 Section 35
Note: The heading to section 35 is altered by omitting
“Appeals” and substituting
“Review”.
Higher Education Funding
Act 1988
284 Subsection 50(1)
285 Subsection 78(6)
286 Subsection 106M(6)
Note: The heading to section 106M is altered by
omitting “Appeals” and substituting
“Review”.
287 Paragraph 106MA(1)(a)
288 Subsection 106MA(2)
289 Paragraph 106MA(6)(a)
290 Subsection 106X(1)
Home Deposit Assistance
Act 1982
291 Paragraph 48(3)(b)
292 Subsection 48(4)
293 Section 49
Note: The heading to section 49 is altered by omitting
“Appeals” and substituting
“Review”.
294 Paragraph 39A(3)(b)
295 Subsection 39A(4)
296 Section 40
Note: The heading to section 40 is altered by omitting
“Appeals” and substituting
“Review”.
Imported Food Control Act
1992
297 Subsection 42(3)
298 Paragraph 42(8)(b)
299 Subparagraph
42(9)(b)(ii)
300 Subsection 42(11)
Income Tax Assessment Act
1936
301 Subsection 6(1) (definition of
Tribunal)
302 Subsection 221ZXE(6)
Note: The heading to subsection 221ZXE(6) is altered by
omitting “AAT” and substituting
“ART”.
303 Paragraph 221ZXE(7)(a)
Industrial Chemicals
(Notification and Assessment) Act 1989
304 Section 5 (definition of
Tribunal)
305 Subsection 80QC(7)
306 Paragraph 103(1)(a)
Industrial Research and
Development Incentives Act 1976
307 Subsection 41(6)
308 Paragraph 41A(1)(b)
309 Subsection 41A(2)
Industry Research and
Development Act 1986
310 Paragraph 39PA(4)(a)
311 Subparagraph
39PA(4)(b)(i)
312 Subsection 39S(8)
313 Subsection 39T(1)
Note: The heading to section 39T is altered by omitting
“Appeals” and substituting
“Review”.
314 Subsection 39T(4)
315 Paragraph 39U(1)(b)
316 Subsection 39U(2)
317 Paragraph 39U(3)(a)
318 Subsection 63(7)
319 Paragraph 64(1)(b)
320 Subsection 64(2)
Insurance Acquisitions and
Takeovers Act 1991
321 Subsection 67(1)
Note: The heading to section 67 is altered by omitting
“Appeals” and substituting
“Review”.
322 Subsection 67(7)
323 Paragraph 68(1)(b)
324 Subsection 68(2)
Insurance (Agents and
Brokers) Act 1984
325 Subsection 42(1)
326 Subsection 43(1)
Interstate Road Transport
Act 1985
327 Subsection 51(6)
328 Paragraph 51(7)(b)
329 Subsection
51(8)
330 Section 17A
331 Section 6 (definition of
Tribunal)
332 Paragraph 22(6)(b)
333 Subsection 28(1)
334 Subsection 29(1)
Note: The heading to section 29 is altered by omitting
“Appeals” and substituting
“Review”.
335 Subsection 30(1)
336 Subsection 31(1)
337 Subsection 32(1)
338 Subsection 33(1)
Note: The heading to section 33 is altered by omitting
“Appeals” and substituting
“Review”.
339 Paragraph 43(4)(a)
340 Paragraph 43(5)(a)
341 Subsection 47(6)
342 Subsection 71(1)
Note: The heading to section 71 is altered by omitting
“Appeals” and substituting
“Review”.
343 Paragraph 72(1)(b)
344 Paragraph 74(1)(a)
345 Subsection 81(1)
Note: The heading to section 81 is altered by omitting
“Appeals” and substituting
“Review”.
346 Paragraph 87(2)(c)
347 Subsection 99(1)
Note: The heading to section 99 is altered by omitting
“Appeals” and substituting
“Review”.
348 Paragraph 100(1)(b)
349 Subsection 107(1)
Note: The heading to section 107 is altered by omitting
“Appeals” and substituting
“Review”.
350 Subsection 121(5)
351 Subsection 121(7)
352 Subsection 129(2)
353 Paragraph 139(2)(d)
354 Subsection 16(11)
355 Subsection 16A(5)
356 Subsection 236(8)
Liquefied Petroleum Gas
(Grants) Act 1980
357 Section 15
358 Subsection 15A(1)
Liquid Fuel Emergency Act
1984
359 Subsection 17(6)
360 Subsection 44(6)
361 Paragraph 44(7)(b)
362 Subsection 44(8)
Loan (Income Equalization
Deposits) Act 1976
363 Subsection 20C(3)
364 Paragraph 20C(4)(a)
365 Subsection 22(3)
366 Subsection 24(6)
367 Subsection 25(1)
Management and Investment
Companies Act 1983
368 Paragraph 19(2)(b)
369 Section 47
370 Subsection 48(1)
371 Subsection 34(1)
Meat Export Charge
Collection Act 1984
372 Subsection 12A(6)
373 Paragraph 12B(2)(b)
374 Subsection 12B(3)
Motor Vehicle Standards
Act 1989
375 Subsection 39(1)
376 Paragraph 40(1)(a)
377 Subsection 4(1) (definition of
Tribunal)
378 Subsection 14A(1)
Note: The heading to section 14A is altered by omitting
“Appeals” and substituting
“Review”.
National Environment
Protection Measures (Implementation) Act 1998
379 Subsection 34(1)
Note: The heading to section 34 is altered by omitting
“Appeals” and substituting
“Review”.
380 Paragraph 45DC(3)(b)
381 Subsection 84H(4)
382 Section 105AA (definition of
Tribunal)
383 Paragraph 105AAB(9)(b)
384 Subsection 105AC(1)
385 Paragraph 105AC(1A)(b)
386 Subsection 105AC(1B)
387 Subsection 18Z(7)
388 Section 18ZK
National Occupational
Health and Safety Commission Act 1985
389 Subsection 63(7)
390 Subsection 63(8)
National Transmission
Network Sale Act 1998
391 Subsection 18(4)
392 Subsection 22(3)
393 Section 377B
394 Section 377C
395 Section 377D
396 Section 377E
397 Section 377F
398 Section 377G
399 Section 377H
400 Section 377J
401 Section 377K
402 Section 377L
403 Paragraph 377M(1)(b)
404 Paragraph 377M(2)(a)
Nuclear Non-Proliferation
(Safeguards) Act 1987
405 Subsection 13(8)
406 Subsection 16(7)
407 Subsection 18(5)
408 Subsection 22(2)
409 Subsection 22(4)
410 Subsection 22(5)
411 Subsection 73(7)
Nursing Homes Assistance
Act 1974
412 Subsection 11A(7)
413 Paragraph 11B(1)(b)
414 Subsection 11B(2)
415 Paragraph 407(6)(b)
416 Subsection 407(9)
417 Paragraph 3(18)(c)
418 Paragraph 10(3)(a)
419 Subsection 10A(1)
Note: The heading to section 10A is altered by omitting
“AAT” and substituting
“ART”.
420 Subsection 11(1)
Note: The heading to section 11 is altered by omitting
“AAT” and substituting
“ART”.
421 Paragraph 16(5)(c)
422 Section 66
Papua New Guinea (Staffing
Assistance) Act 1973
423 Subsection 54(6)
Parliamentary Contributory
Superannuation Act 1948
424 Subsection 25(6)
425 Subsection 11A(5)
426 Subsection 11A(8)
427 Subsection 11B(1)
428 Paragraph 11B(2)(b)
429 Subsection 224(1)
430 Subsection 224(2)
Pay-roll Tax Assessment
Act 1941
431 Subsection 3(1) (definition of
Tribunal)
Pay-roll Tax (Territories)
Assessment Act 1971
432 Subsection 4(1) (definition of
Tribunal)
Petroleum Excise (Prices)
Act 1987
433 Subsection 12(6)
434 Paragraph 13(1)(b)
435 Subsection 13(2)
Petroleum Resource Rent
Tax Assessment Act 1987
436 Section 2 (definition of
Tribunal)
Petroleum (Submerged
Lands) Act 1967
437 Subsection 152(7)
438 Paragraph 152(8)(b)
439 Subsection 152(9)
Pooled Development Funds
Act 1992
440 Paragraph 55(7)(c)
441 Subsection 56(1)
Note: The heading to section 56 is altered by omitting
“Appeals” and substituting
“Review”.
Prawn Export Promotion Act
1995
442 Subsection 26(6)
443 Paragraph 26(7)(b)
444 Subsection 26(8)
Primary Industries Levies
and Charges Collection Act 1991
445 Subsection 28(5)
446 Paragraph 28(6)(b)
447 Subsection 28(7)
448 Subsection 61(1)
449 Paragraph 62(5)(b)
450 Subsection 95(5)
Private Health Insurance
Incentives Act 1998
451 Section 19-10
Note: The heading to section 19-10 is altered by
omitting “Appeals” and substituting
“Review”.
Product Grants and
Benefits Administration Act 2000
452 Subparagraph
47(3)(c)(iii)
Protection of Movable
Cultural Heritage Act 1986
453 Subsection 48(1)
Note: The heading to section 48 is altered by omitting
“Appeals” and substituting
“Review”.
454 Subsection 48(2)
Protection of the Sea
(Civil Liability) Act 1981
455 Subsection 19(1)
456 Subsection 19(2)
457 Subsection 20(8)
458 Paragraph 21(1)(b)
459 Subsection 21(2)
460 Paragraph 128E(5)(a)
Registration of Deaths
Abroad Act 1984
461 Subsection 27(1)
462 Subsection 27(2)
Renewable Energy
(Electricity) Act 2000
463 Subsection 57(6)
464 Paragraph 60(a)
465 Section 60 (note)
466 Section 61
467 Paragraph 61(a)
468 Subsection 66(5)
469 Paragraph 132(b)
Retirement Savings
Accounts Act 1997
470 Subsection 189(7)
Note: The heading to subsection 189(7) is altered by
omitting “AAT” and substituting
“ART”.
471 Paragraph 190(1)(b)
472 Subsection 190(2)
Safety, Rehabilitation and
Compensation Act 1988
473 Subsection 28(4)
474 Paragraph 63(c)
475 Subsection 64(1)
Note: The heading to section 64 is altered by omitting
“Appeals” and substituting
“Review”.
476 Paragraph 66(1)(a)
Note: The heading to section 66 is replaced by the
heading “Evidence”.
477 Subsection 66(2)
478 Subsection 66(3)
479 Paragraph 67(3)(e)
Note: The heading to section 67 is replaced by the
heading “Costs”.
480 Paragraph 67(4)(e)
481 Subsection 67(7)
482 Subsection 67(8)
483 Subsection 67(8A)
484 Subsection 67(8B)
485 Subsection 67(9)
486 Subsection 67(10)
487 Subsection 67(11)
488 Subsection 67(12)
489 Subsection 67(13)
Sales Tax Assessment Act
(No. 1) 1930
490 Subsection 3(1) (definition of
Tribunal)
491 Subparagraph
110(3)(c)(iii)
492 Paragraph 30(2)(b)
493 Subparagraph
54(2)(b)(i)
494 Paragraph 67(2)(a)
495 Subsection 75(1)
496 Paragraph 76(1)(a)
Seafarers Rehabilitation
and Compensation Act 1992
497 Subsection 42(4)
498 Paragraph 130(4)(b)
499 Section 45
Note: The heading to section 45 is altered by omitting
“Appeals” and substituting
“Review”.
500 Paragraph 46(1)(d)
Shipping Registration Act
1981
501 Subsection 78(2)
502 Subsection 78(3)
Ships (Capital Grants) Act
1987
503 Subsection 38(1)
504 Subsection 39(1)
Small Superannuation
Accounts Act 1995
505 Subparagraph
58(3)(b)(ii)
506 Section 80
507 Section 83
Note: The heading to section 83 is altered by omitting
“AAT” and substituting
“ART”.
508 Paragraph 85(1)(b)
509 Subsection 85(2)
510 Section 61
511 Subsection 109(5)
512 Subsection 20(2)
States Grants (Petroleum
Products) Act 1965
513 Subsection 5(3A)
Stevedoring Levy
(Collection) Act 1998
514 Subsection 12(4)
515 Subsection 12ZQ(1)
516 Subsection 12ZU(6)
517 Subsection 43E(2)
Note: The heading to subsection 43E(2) is altered by
omitting “Appeals” and substituting
“Review”.
518 Subsection 303(2)
519 Paragraph 303(6)(b)
520 Subsection 325(1)
Note: The heading to section 325 is altered by omitting
“AAT” and substituting
“ART”.
521 Subsection 325(2)
522 Paragraph 325(3)(a)
523 Subsection 326A(1)
Note: The heading to section 326A is altered by
omitting “Appeals” and substituting
“Review”.
524 Subsection 326A(2)
525 Subsection 154(6)
Superannuation (Excluded
Funds) Taxation Act 1987
526 Subsection 16(6)
527 Paragraph 17(1)(b)
528 Subsection 17(2)
Superannuation Industry
(Supervision) Act 1993
529 Paragraph 131(4B)(b)
530 Subsection 344(8)
Note: The heading to subsection 344(8) is altered by
omitting “AAT” and substituting
“ART”.
531 Subsection 344(11)
532 Paragraph 345(1)(b)
533 Subsection 345(2)
Superannuation (Self
Managed Superannuation Funds) Taxation Act 1987
534 Subsection 16(6)
535 Subsection 16(9)
536 Paragraph 17(1)(b)
537 Subsection 17(2)
Swimming Pools Tax Refund
Act 1992
538 Subsection 4(7)
Sydney Airport Curfew Act
1995
539 Subsection 12(7)
Taxation (Interest on
Overpayments and Early Payments) Act 1983
540 Subsection 3(1) (definition of
Tribunal)
541 Section 554
542 Subparagraph
557(1)(b)(i)
543 Paragraph 561(1)(a)
544 Section 562
Note: The heading to section 562 is altered by omitting
“Appeals” and substituting
“Review”.
545 Subclause 35(1) of
Schedule 3
Note: The heading to clause 35 of Schedule 3 is
altered by omitting “Appeals” and substituting
“Review”.
546 Subclause 35(2) of
Schedule 3
547 Subsection 8CA(1)
Note: The heading to section 8CA is altered by omitting
“Appeals” and substituting
“Review”.
548 Subsection 8CA(2)
Textile, Clothing and
Footwear Strategic Investment Program Act 1999
549 Paragraph 22(1)(c)
550 Subsection 22(4)
551 Paragraph 23(1)(d)
552 Subsection 23(2)
553 Subsection 6B(1)
554 Paragraph 6B(2)(a)
555 Paragraph 60(6)(b)
556 Subsection 60(8)
557 Subsection 60A(3)
558 Paragraph 60A(5)(a)
Tobacco Advertising
Prohibition Act 1992
559 Section 30
560 Subsection 175(5)
561 Subsection 178(5)
562 Subsection 180(4)
563 Subsection 224(7)
564 Subsection 227(1)
Note: The heading to section 227 is altered by omitting
“Appeals” and substituting
“Review”.
565 Paragraph 227(1)(b)
566 Subsection 228A(7)
567 Subsection 10.84(1)
568 Paragraph 10.85(1)(a)
Tradesmen’s Rights
Regulation Act 1946
569 Subsection 51A(7)
570 Paragraph 51A(9)(a)
571 Subsection 39(8) (note
2)
572 Section 40
Note: The heading to section 40 is altered by omitting
“Appeals” and substituting
“Review”.
Trans-Tasman Mutual
Recognition Act 1997
573 Subsection 4(1) (definition of Australian
Tribunal)
Omit “Appeals”, substitute “Review”.
Wildlife Protection
(Regulation of Exports and Imports) Act 1982
574 Subsection 52(2)
575 Subsection 52(3)
576 Subsection 80(1)
577 Subsection 80(2)
578 Subsection 80(3)
Wool Tax (Administration)
Act 1964
579 Subsection 4(1) (definition of
Tribunal)
1 Amendment of Acts
The specified provisions of the Acts listed in this Schedule are amended by
omitting “Administrative Appeals Tribunal Act 1975” and
substituting “Administrative Review Tribunal Act
2000”.
Aboriginal and Torres
Strait Islander Commission Act 1989
2 Subsection 121(2)
3 Subsection 143R(2)
4 Subsection 196(2)
5 Subsection 196A(2)
Aboriginal Councils and
Associations Act 1976
6 Subsection 77(2) (definition of
decision)
7 Subsection 77A(1)
8 Paragraph 46A(f)
Administrative Decisions
(Judicial Review) Act 1977
9 Paragraph (y) of
Schedule 1
Aged or Disabled Persons
Care Act 1954
10 Subsection 10H(1) (definition of
decision)
11 Paragraph 10H(6)(b)
Agricultural and
Veterinary Chemical Products (Collection of Levy) Act
1994
12 Subsection 16(11)
Agricultural and
Veterinary Chemicals (Administration) Act 1992
13 Paragraph 69D(1C)(a)
Agricultural and
Veterinary Chemicals Code Act 1994
14 Subsection 167(3) of the
Schedule
15 Subsection 167(4) of the Schedule (definition
of decision)
16 Paragraph 168(1)(a) of the
Schedule
17 Paragraph 23A(2)(a)
Air Navigation (Charges)
Act 1952
18 Subsection 2(1) (definition of
decision)
19 Paragraph 5C(1)(b)
20 Subsection 5C(2)
21 Subsection 242(3)
22 Subsection 242(5) (definition of
decision)
A New Tax System
(Australian Business Number) Act 1999
23 Paragraph 22(1)(c)
24 Paragraph 27B(1)(c)
Antarctic Marine Living
Resources Conservation Act 1981
25 Subsection 23(2) (definition of
decision)
Antarctic Treaty
(Environment Protection) Act 1980
26 Subsection 28(2)
27 Subsection 47(1)
28 Subsection 52(2)
Australia New Zealand Food
Authority Act 1991
29 Subsection 35(7) (definition of
decision)
30 Subsection 63(1)
31 Subsection 63(2)
32 Paragraph 64(1)(c)
Australian Capital
Territory Taxation (Administration) Act 1969
33 Subsection 76B(2)
34 Subsection 76C(2)
Australian Hearing
Services Act 1991
35 Paragraph 65(1)(e)
36 Subsection 65(3)
37 Subsection 65(4) (definition of
decision)
Australian National
Railways Commission Act 1983
38 Subsection 76(4)
Australian Sports Drug
Agency Act 1990
39 Subsection 17G(6)
Australian Wine and Brandy
Corporation Act 1980
40 Paragraph 8(2C)(a)
41 Paragraph 40X(2)(a)
42 Subsection 139T(11)
43 Subsection 139ZE(3)
44 Subsection 139ZE(4)
45 Subparagraph
149F(1)(a)(ii)
46 Subsection 149P(3)
47 Subsection 149P(4)
48 Paragraph 149ZG(2)(b)
49 Subsection 149ZL(3)
50 Subsection 149ZL(4)
51 Subsection 56(2)
52 Subsection 33(3)
53 Subsection 34(1)
54 Subsection 28(2)
55 Subsection 29(1)
56 Subsection 32(3)
57 Subsection 33(1)
Bounty (Machine Tools and
Robots) Act 1985
58 Subsection 40(3)
59 Subsection 41(1)
Bounty (Photographic Film)
Act 1989
60 Subsection 29(2)
61 Subsection 30(1)
62 Subsection 31(3)
63 Subsection 32(1)
Chemical Weapons
(Prohibition) Act 1994
64 Subsection 26(3)
65 Subsection 27(2) (definition of
decision)
Child Support (Assessment)
Act 1989
66 Subsection 98ZE(8)
67 Subsection 98ZF(2)
Child Support
(Registration and Collection) Act 1988
68 Subsection 91(6)
69 Paragraph 96(1)(b)
70 Subsection 99(2)
71 Subsection 101(6)
72 Subsection 31(1) (definition of
decision)
73 Subsection 31(3)
Classification
(Publications, Films and Computer Games) Act 1995
74 Subsection 16(3)
75 Subsection 91(3)
76 Subsection 24(2)
Coal Mining Industry (Long
Service Leave) Payroll Levy Collection Act 1992
77 Paragraph 8(5)(a)
78 Subsection 8(7)
79 Subsection 8(8) (definition of
decision)
Commerce (Trade
Descriptions) Act 1905
80 Subsection 15(2) (definition of
decision)
Commonwealth Electoral Act
1918
81 Subsection 96(6)
82 Subsection 120(8)
83 Subsection 121(2)
84 Subsection 141(1) (definition of
decision)
85 Paragraph 141(8)(b)
86 Subsection 141(9)
87 Paragraph 195B(2)(b)
88 Subsection 195B(8) (definition of
decision)
89 Subsection 269SHA(5)
90 Subsection 273GA(8)
91 Subsection 273H(2)
92 Subsection 273HA(2)
93 Subsection 273J(2)
94 Subsection 273JA(2)
95 Subsection 273K(1)
96 Subsection 118(1) (definition of
decision)
97 Paragraph 118(12)(b)
98 Subsection 118(13)
99 Paragraph 26(1)(d) of
Schedule 2
100 Subclause 26(2) of
Schedule 2
101 Paragraph 130(6)(b) of
Schedule 2
102 Subclause 130(7) of
Schedule 2
Debits Tax Administration
Act 1982
103 Subsection 25A(2)
104 Subsection 25B(2)
Defence Force (Home Loans
Assistance) Act 1990
105 Paragraph 34(1)(c)
106 Subsection 34(3)
107 Subsection 34(4) (definition of
decision)
Defence Force Retirement
and Death Benefits Act 1973
108 Subsection 99(1) (definition of
decision)
Defence Service Homes Act
1918
109 Paragraph 44(1)(e)
110 Subsection 44(3)
111 Subsection 44(4) (definition of
decision)
112 Paragraph 40K(2)(a)
113 Subsection 40K(5) (definition of
decision)
Development Allowance
Authority Act 1992
114 Paragraph 121(1)(b)
115 Subsection 121(2)
Disability Discrimination
Act 1992
116 Paragraph 57(1)(d)
117 Subsection 26(1)
118 Subsection 82B(2)
Education Services for
Overseas Students (Registration of Providers and Financial Regulation) Act
1991
119 Paragraph 14(2)(a)
Environment Protection and
Biodiversity Conservation Act 1999
120 Paragraph 472(2)(a)
121 Subsection 162C(5)
Export Expansion Grants
Act 1978
122 Subsection 17(1) (definition of
decision)
Export Inspection and Meat
Charges Collection Act 1985
123 Subsection 16(1) (definition of
decision)
124 Paragraph 16(7)(b)
125 Subsection 16(8)
Export Market Development
Grants Act 1997
126 Subsection 83(3) (definition of
court)
Note: The Reader’s Guide (Related legislation) is
altered by omitting “Administrative Appeals Tribunal Act
1975” and substituting “Administrative Review Tribunal Act
2000”.
Farm Household Support Act
1992
127 Subsection 3(2) (definition of
decision)
Financial Institutions
Supervisory Levies Collection Act 1998
128 Paragraph 28(1)(b)
129 Subsection 28(2)
130 Subsection 27(6)
131 Subsection 19(5)
132 Subsection 165(1) (definition of
decision)
Note: The heading to section 165 is altered by omitting
“Appeals” and substituting
“Review”.
133 Paragraph 165(11)(b)
134 Subsection 165(12)
Freedom of Information Act
1982
135 Subsection 58C(1)
Great Barrier Reef Marine
Park Act 1975
136 Paragraph 39N(1)(b)
137 Subsection 39N(2)
138 Subsection 59G(1) (definition of
decision)
Note: The heading to section 59G is altered by omitting
“Appeals” and substituting
“Review”.
139 Subsection 59G(2)
140 Paragraph 59G(3)(b)
Hazardous Waste
(Regulation of Exports and Imports) Act 1989
141 Paragraph 58(1)(a)
142 Subsection 19CA(1) (definition of
decision)
143 Paragraph 19CA(5)(b)
144 Subsection 19CA(8)
145 Subsection 20AD(6) (definition of
decision)
146 Paragraph 23DC(10)(d)
147 Paragraph 23DC(11)(b)
148 Paragraph 23DF(11)(d)
149 Paragraph 23DF(12)(b)
150 Subsection 23DL(9)
151 Subsection 23DN(7)
152 Subsection 23DO(4)
153 Subsection 23DO(6) (definition of
decision)
154 Subsection 23DZE(1)
155 Subsection 23EB(1) (definition of
decision)
156 Subsection 124Q(2)
Hearing Services
Administration Act 1997
157 Subparagraph
30(1)(b)(i)
158 Paragraph 34(1)(a)
Higher Education Funding
Act 1988
159 Subsection 51(1)
160 Subparagraph
106L(5)(b)(ii)
161 Paragraph 106M(4)(b)
162 Paragraph 106X(2)(a)
Home Deposit Assistance
Act 1982
163 Paragraph 48(3)(b)
164 Paragraph 39A(3)(b)
Imported Food Control Act
1992
165 Subsection 42(1) (definition of
decision)
166 Paragraph 42(8)(b)
Income Tax Assessment Act
1936
167 Subsection 653(7)
Note: The heading to subsection 653(7) is altered by
omitting “AAT” and substituting
“ART”.
Income Tax Assessment Act
1997
168 Subsection 34-33(4)
169 Section 387-90
Industrial Chemicals
(Notification and Assessment) Act 1989
170 Subsection 80QA(6)
171 Subsection 102(1)
172 Subsection 102(2) (definition of
decision)
173 Paragraph 103(1)(a)
Industrial Research and
Development Incentives Act 1976
174 Subsection 41(1) (definition of
decision)
175 Paragraph 41A(1)(b)
176 Subsection 41A(2)
Industry Research and
Development Act 1986
177 Paragraph 39U(1)(b)
178 Subsection 39U(2)
179 Paragraph 39U(3)(a)
Insurance Acquisitions and
Takeovers Act 1991
180 Paragraph 67(7)(c)
181 Paragraph 68(1)(b)
182 Subsection 68(2)
183 Subsection 63(1) (definition of
decision)
184 Paragraph 64(1)(b)
185 Subsection 64(2)
Insurance (Agents and
Brokers) Act 1984
186 Subsection 42(2)
187 Subsection 43(1)
Interstate Road Transport
Act 1985
188 Subsection 51(1) (definition of
decision)
189 Paragraph 51(7)(b)
190 Subsection 51(8)
191 Subsection 29(1)
192 Subsection 71(2)
193 Subsection 81(2)
194 Subsection 99(2)
195 Subsection 107(2)
196 Subsection 121(6)
Liquefied Petroleum Gas
(Grants) Act 1980
197 Subsection 15A(1)
Liquid Fuel Emergency Act
1984
198 Subsection 44(1) (definition of
decision)
199 Paragraph 44(7)(b)
200 Subsection 44(8)
Management and Investment
Companies Act 1983
201 Subsection 48(1)
202 Subsection 34(5)
Meat Export Charge
Collection Act 1984
203 Subsection 12A(1) (definition of
decision)
204 Paragraph 12B(2)(b)
205 Subsection 12B(3)
Motor Vehicle Standards
Act 1989
206 Subsection 39(1)
207 Subsection 39(2)
208 Paragraph 40(1)(a)
209 Subsection 34(1)
210 Subsection 34(2) (definition of
decision)
211 Paragraph 34(3)(a)
National Environment
Protection Measures (Implementation) Act 1998
212 Subsection 34(3)
213 Paragraph 45DC(3)(b)
214 Subsection 65GK(3)
215 Section 105AA (definition of
decision)
216 Subsection 105AC(1)
217 Paragraph 105AC(1A)(b)
218 Subsection 105AC(1B)
219 Paragraph 105AD(3)(d)
National Occupational
Health and Safety Commission Act 1985
220 Subsection 63(8)
221 Subsection 15(3)
222 Subsection 186C(4)
223 Paragraph 377M(2)(a)
224 Subsection 377M(4)
225 Section 426A
Nuclear Non-Proliferation
(Safeguards) Act 1987
226 Subsection 13(8)
227 Subsection 16(7)
228 Subsection 18(5)
229 Subsection 22(2)
230 Subsection 22(10)
231 Subsection 73(7)
Nursing Homes Assistance
Act 1974
232 Subsection 11A(1) (definition of
decision)
233 Paragraph 11B(1)(b)
234 Subsection 11B(2)
235 Section 406 (definition of
decision)
Papua New Guinea (Staffing
Assistance) Act 1973
236 Subsection 54(1) (definition of
decision)
Parliamentary Contributory
Superannuation Act 1948
237 Subsection 25(1) (definition of
decision)
238 Subsection 11A(1) (definition of
decision)
239 Subsection 11B(1)
240 Subsection 224(2)
241 Subsection 224(4) (definition of
decision)
Pay-roll Tax Assessment
Act 1941
242 Subsection 40C(2)
243 Subsection 40D(2)
Petroleum (Submerged
Lands) Act 1967
244 Subsection 152(1) (definition of
decision)
245 Paragraph 152(8)(b)
246 Subsection 152(9)
Petroleum Excise (Prices)
Act 1987
247 Subsection 12(6)
248 Paragraph 13(1)(b)
249 Subsection 13(2)
Petroleum Resource Rent
Tax Assessment Act 1987
250 Subsection 20(10)
Pooled Development Funds
Act 1992
251 Paragraph 55(7)(c)
Prawn Export Promotion Act
1995
252 Paragraph 26(7)(b)
253 Subsection 26(8)
Primary Industries Levies
and Charges Collection Act 1991
254 Paragraph 28(6)(b)
255 Subsection 28(7)
256 Subsection 61(4)
Protection of Movable
Cultural Heritage Act 1986
257 Subsection 48(2)
Protection of the Sea
(Civil Liability) Act 1981
258 Subsection 19(2)
259 Subsection 20(1) (definition of
decision)
260 Paragraph 21(1)(b)
261 Subsection 21(2)
262 Subclause 7(2) of Part 2 of the
Schedule
Registration of Deaths
Abroad Act 1984
263 Subsection 27(2)
264 Subsection 27(4)
Renewable Energy
(Electricity) Act 2000
265 Section 60 (note)
266 Subsection 66(3) (note)
Retirement Savings
Accounts Act 1997
267 Paragraph 67(4)(b)
268 Paragraph 190(1)(b)
269 Subsection 190(2)
Safety, Rehabilitation and
Compensation Act 1988
270 Subsection 60(1) (definition of
decision)
271 Paragraph 63(c)
272 Subsection 65(1)
Note: The heading to section 65 is altered by omitting
“Administrative Appeals Tribunal Act 1975” and
substituting “Administrative Review Tribunal Act
2000”.
273 Subsection 75(2)
274 Paragraph 76(1)(a)
275 Paragraph 46(1)(d)
Shipping Registration Act
1981
276 Subsection 78(1)
277 Subsection 78(3)
Ships (Capital Grants) Act
1987
278 Subsection 38(3)
279 Subsection 39(1)
Small Superannuation
Accounts Act 1995
280 Paragraph 85(1)(b)
281 Subsection 85(2)
282 Subsection 20(3)
283 Paragraph 12ZQ(2)(a)
284 Subsection 154(1) (definition of
decision)
Superannuation (Excluded
Funds) Taxation Act 1987
285 Paragraph 17(1)(b)
286 Subsection 17(2)
Superannuation Industry
(Supervision) Act 1993
287 Paragraph 345(1)(b)
288 Subsection 345(2)
Superannuation (Self
Managed Superannuation Funds) Taxation Act 1987
289 Paragraph 17(1)(b)
290 Subsection 17(2)
291 Subparagraph
557(1)(b)(i)
292 Paragraph 561(1)(a)
293 Subclause 35(2) of
Schedule 3
294 Subclause 35(4) of Schedule 3
(definition of decision)
295 Subsection 8CA(2)
296 Subsection 8CA(4) (definition of
decision)
Textile, Clothing and
Footwear Strategic Investment Program Act 1999
297 Paragraph 23(1)(d)
298 Subsection 23(2)
299 Subsection 6B(3)
300 Subsection 60(1) (definition of
decision)
301 Paragraph 60(6)(b)
Tobacco Advertising
Prohibition Act 1992
302 Section 30
Torres Strait Fisheries
Act 1984
303 Subsection 15A(13) (definition of
decision)
304 Paragraph 227(1)(b)
305 Subsection 227(3) (definition of
decision)
306 Subsection 10.84(2) (definition of
decision)
307 Paragraph 10.85(1)(a)
Tradesmen’s Rights
Regulation Act 1946
308 Subsection 51A(7)
309 Paragraph 51A(9)(a)
Trans-Tasman Mutual
Recognition Act 1997
310 Subsection 33(1)
311 Subsection 33(2) (definition of
decision)
312 Paragraph 33(3)(a)
Wildlife Protection
(Regulation of Exports and Imports) Act 1982
313 Subsection 52(2)
314 Subsection 52(3)
315 Subsection 80(3)
316 Subsection 80(5)
1 Paragraph 113(1)(a)
Omit “(AAT)”, substitute “(ART)”.
Note: The heading to section 113 is altered by omitting
“AAT” and substituting
“ART”.
2 Paragraph 113(1)(b)
Omit “AAT”, substitute “ART”.
3 Subsection 113(1)
Omit “AAT’s”, substitute
“ART’s”.
4 Subsection 113(2)
Omit “subsection 43(6) of the Administrative Appeals Tribunal Act
1975, the AAT’s decision has effect on and from the day that the
AAT”, substitute “section 135 of the Administrative Review
Tribunal Act 2000, the ART’s decision has effect on and from the day
that the ART”.
5 Subsection 113(3)
Omit “AAT’s” (wherever occurring), substitute
“ART’s”.
6 Subsection 113(4)
Omit “AAT’s”, substitute
“ART’s”.
7 Paragraph 113(4)(a)
Omit “AAT”, substitute “ART”.
Adelaide Airport Curfew
Act 2000
8 Subsection 9(7) (note)
Repeal the note, substitute:
Note: Under section 56 of the Administrative Review
Tribunal Act 2000, the Secretary must take such steps as are reasonable in
the circumstances to give to any person whose interests are affected by the
decision, in writing or otherwise, notice of:
(a) the making of the decision; and
(b) the person’s right to have the decision
reviewed.
In notifying any such person, the Secretary must have
regard to any guidelines issued under subsection (3) of that
section.
9 Subsection 11(7) (note)
Repeal the note, substitute:
Note: Under section 56 of the Administrative Review
Tribunal Act 2000, the Secretary must take such steps as are reasonable in
the circumstances to give to any person whose interests are affected by the
decision, in writing or otherwise, notice of:
(a) the making of the decision; and
(b) the person’s right to have the decision
reviewed.
In notifying any such person, the Secretary must have
regard to any guidelines issued under subsection (3) of that
section.
Administrative Decisions
(Judicial Review) Act 1977
10 Paragraph 13(11)(a)
Omit “section 28 of the Administrative Appeals Tribunal Act
1975”, substitute “section 57 of the Administrative
Review Tribunal Act 2000”.
11 Subsection 85-4(6)
(note)
Omit “section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “section 56 of the Administrative
Review Tribunal Act 2000”.
12 Subsection 85-5(7)
(note)
Omit “section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “section 56 of the Administrative
Review Tribunal Act 2000”.
Aged or Disabled Persons
Care Act 1954
13 Paragraph 10(H)(6)(c)
Repeal the paragraph, substitute:
(c) a statement that, except where subsection 57(3) of the
Administrative Review Tribunal Act 2000 applies, the organisation may
request a statement under subsection 57(1) of that Act.
Agricultural and
Veterinary Chemical Products (Collection of Interim Levy) Act
1994
14 Subsection 15(9)
Repeal the subsection.
15 Subsection 15(10)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
Agricultural and
Veterinary Chemical Products (Collection of Levy) Act
1994
16 Subsection 18(9)
Repeal the subsection.
17 Subsection 18(10)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
Agricultural and
Veterinary Chemicals (Administration) Act 1992
18 Paragraph 69D(1C)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
Agricultural and
Veterinary Chemicals Code Act 1994
19 Paragraph 168(1)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
20 Paragraph 23A(2)(b)
Omit “section 28”, substitute
“section 57”.
A New Tax System
(Australian Business Number) Act 1999
21 Subsection 13(1) (note)
Omit “AAT”, substitute “ART”.
22 Subsection 18(2) (note
1)
Omit “AAT”, substitute “ART”.
23 After subsection 21(1)
Insert:
(1A) The decisions must be reviewed in the Taxation Division of the
Tribunal.
24 Subsection 21(2)
Omit “the orders that may be made under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 include an order”,
substitute “the directions that may be given under subsection 121(2) or
(3) of the Administrative Review Tribunal Act 2000 include a
direction”.
25 Subsection 21(3)
Omit “order”, substitute “direction”.
26 Paragraph 22(1)(d)
Repeal the paragraph, substitute:
(d) except where subsection 57(3) of that Act applies—also include a
statement to the effect that the person may request a statement under
section 57 of that Act.
27 Subsection 27A(2)
Omit “orders that may be made under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 include an order”,
substitute “directions that may be made under subsection 121(2), (3) or
(4) of the Administrative Review Tribunal Act 2000 include a
direction”.
28 Paragraph 27B(1)(d)
Repeal the paragraph, substitute:
(d) except where subsection 57(3) of that Act applies—also include a
statement to the effect that the person may request a statement under
section 57 of that Act.
A New Tax System (Bonuses
for Older Australians) Act 1999
29 Subsection 53(4) (note)
Repeal the note, substitute:
Note: Under section 56 of the Administrative Review
Tribunal Act 2000, the Secretary must take such steps as are reasonable in
the circumstances to give to any person whose interests are affected by the
decision, in writing or otherwise, notice of:
(a) the making of the decision; and
(b) the person’s right to have the decision
reviewed.
In notifying any such person, the Secretary must have
regard to any guidelines issued under subsection (3) of that
section.
30 After subsection 53(4)
Insert:
(5) The decision must be reviewed in the Taxation Division of the
Tribunal.
31 Subsection 40(11)
Omit “proceedings”, substitute “review”.
32 Subsection 43(3)
Omit all the words after paragraph (c).
33 Subsection 43(4)
Repeal the subsection.
34 Subsection 43(5)
Omit “proceedings”, substitute “review”.
35 Subsection 43(6)
Repeal the subsection, substitute:
(6) Section 57 of the Administrative Review Tribunal Act 2000
does not apply in relation to a decision (other than a decision in relation to
access to a record of the Australian Security Intelligence Organisation) in
respect of which an application may be made to the Tribunal under this section
if a notice under subsection 40(5) of this Act has been given to the
applicant.
Note: For decisions in relation to access to a record of the
Australian Security Intelligence Organisation, see
section 43B.
36 After section 43
Insert:
If the decision is in respect of access to a record of the Australian
Security Intelligence Organisation, the decision must be reviewed in the
Commercial and General Division of the Tribunal, which for that purpose is to be
called the Security Appeals Division.
(1) This section applies to the review by the Tribunal of a decision in
respect of access to a record of the Australian Security Intelligence
Organisation.
(2) Section 57 of the Administrative Review Tribunal Act 2000
does not apply to the review.
(3) The only members who may constitute the Tribunal are the President,
executive members and senior members.
(4) In addition, the President must not direct that a person who is, or
has been, the Director-General of Security or an officer, employee or agent of
the Australian Security Intelligence Organisation is to be such a
member.
37 Subsection 44(1)
Omit “, in proceedings under this Division,”.
38 Subsection 44(3)
Omit “in proceedings before the Tribunal”, substitute “in
reviewing a decision”.
39 Section 46
Repeal the section, substitute:
(1) This section applies if a request is made to the Tribunal in
accordance with subsection 44(5) or (6).
(2) For the purpose of dealing with the request, the only members who may
constitute the Tribunal are the President, executive members and senior
members.
(3) In addition, the President must not direct that a person who is, or
has been, the Director-General of Security or an officer, employee or agent of
the Australian Security Intelligence Organisation is to be such a
member.
40 Subsection 47(2)
Omit “At the hearing of a proceeding referred to in subsection
46(1)”, substitute “In determining a question on a request in
accordance with subsection 44(5) or (6)”.
Note: The heading to section 47 is replaced by the
heading “Process for making subsection 44(5) or (6)
determination”.
41 Paragraph 47(2)(a)
Omit “shall hold in private the hearing of any part of the
proceeding”, substitute “must conduct in private any part of the
review”.
42 Paragraph 47(2)(b)
Omit “shall hold the hearing of any other part of the
proceeding”, substitute “must conduct any other part of the
review”.
43 Subsection 47(3)
Omit “Where the hearing of any part of a proceeding”,
substitute “If any part of the review”.
44 Paragraphs 47(3)(a) and
(b)
Omit “at that hearing”, substitute “during that part of
the review”.
45 Subsection 47(4)
Omit “Where, in relation to a proceeding referred to in subsection
46(1)”, substitute “If, in determining a question on a request in
accordance with subsection 44(5) or (6)”.
46 Paragraph 47(4)(a)
Omit “the hearing of a part of the proceeding”, substitute
“any part of the review”.
47 Paragraph 47(4)(a)
Omit “at that hearing”, substitute “during that part of
the review”.
48 Subparagraphs 47(4)(b)(i) and
(ii)
Omit “proceeding”, substitute “request”.
49 Subparagraph
47(4)(b)(ii)
Omit “at a hearing held”, substitute “during any part of
the review conducted”.
50 Paragraph 47(4)(c)
Omit “parties to the proceeding”, substitute “persons
present during the review”.
51 Paragraph 47(4)(c)
Omit “proceeding”, substitute “request”.
52 Section 48
Repeal the section.
53 Subsection 49(1)
Omit “proceedings before”, substitute “process conducted
by”.
54 Subsections 49(2) and
(3)
Omit “the proceeding”, substitute “considering the
question”.
55 Section 50
Omit “Administrative Appeals Tribunal Act 1975 in respect of
proceedings”, substitute “Administrative Review Tribunal Act
2000 in respect of a matter arising”.
56 Paragraph 50(b)
Omit “in proceedings for”, substitute “in any process
for”.
57 Paragraph 50(b)
Omit “be a party to the proceedings”, substitute
“participate in that process”.
58 Section 51
Omit “proceedings before the Tribunal in pursuance”, substitute
“review by the Tribunal as a result”.
59 Section 52
Repeal the section, substitute:
(1) In deciding whether to make an order under subsection 100(3) of the
Administrative Review Tribunal Act 2000 in respect of any process under
this Part, the Tribunal must have regard to the nature of the review and, in
particular, to the need to avoid the disclosure to the applicant of:
(a) matter in a record to which the review relates, if the record is an
exempt record because of that matter; or
(b) any information of the kind mentioned in subsection 39(1) of this
Act.
(2) However, subsection (1) does not apply in determining a question
as a result of a request under subsection 44(5) or (6).
(3) Despite anything in the Administrative Review Tribunal Act
2000:
(a) the Tribunal must not, in its decision or reasons for a decision in a
matter arising under this Act, include any matter or information covered by
subsection (1); and
(b) the Tribunal may receive evidence, or hear argument, in the absence of
the applicant or his or her representative if this is necessary in order to
prevent the disclosure to the applicant of matter or information covered by
subsection (1).
60 Subsection 53(1)
Omit “Section 37 of the Administrative Appeals Tribunal Act
1975”, substitute “Sections 77 to 81 of the
Administrative Review Tribunal Act 2000”.
61 Subsection 53(1)
Omit “in proceedings before the Tribunal”, substitute “in
a review by the Tribunal”.
62 Subsection 53(1)
Omit “for the purposes of the proceeding”, substitute
“for the purposes of the review”.
63 Subsection 53(2)
Omit “of the proceeding”, substitute “of the
review”.
64 Subsection 53(3)
Omit “proceeding, other than proceedings”, substitute
“review, other than a process”.
65 Subsection 53(4)
Omit “proceedings before”, substitute “review
by”.
66 Subsection 53(5)
Omit “section 46 of the Administrative Appeals Tribunal Act
1975”, substitute “section 173 of the Administrative
Review Tribunal Act 2000”.
67 Subsections 53(6) and
(7)
Omit “subparagraph 46(1)(c)(i) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 173(4)(a) of the
Administrative Review Tribunal Act 2000”.
68 Section 54
Omit “proceedings before the Tribunal under this Division in
pursuance”, substitute “a review by the Tribunal under this Division
as a result”.
Australia New Zealand Food
Authority Act 1991
69 Paragraph 13A(4)(b)
Repeal the paragraph, substitute:
(b) no application is made to the Administrative Review Tribunal for a
review of the decision within the time limit prescribed by regulations under the
Administrative Review Tribunal Act 2000.
70 Paragraph 15A(2)(b)
Repeal the paragraph, substitute:
(b) no application is made to the Administrative Review Tribunal for a
review of the decision within the time limit prescribed by regulations under the
Administrative Review Tribunal Act 2000.
71 Paragraph 64(1)(d)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
Australian Federal Police
Act 1979
72 Section 12B (definition of nominated
AAT member)
Repeal the definition.
73 Section 12B
Insert:
nominated ART member means a member of the Administrative
Review Tribunal in respect of whom a nomination is in force under
section 12DA to issue warrants under section 12G for use of listening
devices.
74 Section 12DA
Repeal the section, substitute:
(1) The Minister may, by writing, nominate a person who is a member of the
Administrative Review Tribunal to issue warrants under section 12G for use
of listening devices.
(2) However, the Minister must not nominate a person under
subsection (1) unless the person:
(a) is enrolled as a legal practitioner of the High Court, of another
federal court or of the Supreme Court of a State or of the Australian Capital
Territory; and
(b) has been so enrolled for not less than 5 years.
(3) A nomination ceases to have effect if:
(a) the person ceases to be a member of the Administrative Review
Tribunal; or
(b) the Minister, by writing, withdraws the nomination.
(4) A nominated ART member has, in performing a function of or connected
with, issuing a warrant, the same protection and immunity as a Justice of the
High Court has in relation to proceedings in the High Court.
75 Subsection 12G(1)
Omit “nominated AAT member”, substitute “nominated ART
member”.
76 Subsection 12G(2)
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
77 Subsection 12G(4)
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
78 Subsections 12G(6), (7) and
(8)
Omit “nominated AAT member”, substitute “nominated ART
member”.
79 Section 12H
Omit “nominated AAT member”, substitute “nominated ART
member”.
Australian Horticultural
Corporation Act 1987
80 Subsection 122(6)
Omit “an enactment for the purposes of the Administrative Appeals
Tribunal Act 1975”, substitute “subordinate legislation for the
purposes of the Administrative Review Tribunal Act 2000”.
Australian Radiation
Protection and Nuclear Safety Act 1998
81 Subsection 40(3) (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
82 Subsection 42(3) (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
Australian Sports Drug
Agency Act 1990
83 Paragraph 16(3)(b)
Omit “an order is made under section 41 of the Administrative
Appeals Tribunal Act 1975”, substitute “a direction is given
under section 121 of the Administrative Review Tribunal Act
2000”.
84 Paragraph 16(3)(b)
Omit “an order so made”, substitute “ a direction so
given”.
Australian Wine and Brandy
Corporation Act 1980
85 Paragraph 8(2C)(b)
Repeal the paragraph, substitute:
(b) unless subsection 57(3) of that Act applies, application may be made
in accordance with section 57 of that Act by or on behalf of the person for
a statement of reasons for the determination.
86 Subsection 8(2F)
Repeal the subsection.
87 Paragraph 40X(2)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
88 Subsection 40Y(2)
Repeal the subsection.
89 Subsection 282(2) (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
90 Subsection 283(2) (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
91 Subsection 33(2)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975, where the Administrative Appeals Tribunal”, substitute
“section 133 of the Administrative Review Tribunal Act 2000,
where the Administrative Review Tribunal”.
92 Subsection 32(2)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975, where the Administrative Appeals Tribunal”, substitute
“section 133 of the Administrative Review Tribunal Act 2000,
where the Administrative Review Tribunal”.
Bounty (Fuel Ethanol) Act
1994
93 Subsection 5(1) (definition of
AAT)
Repeal the definition.
94 Subsection 5(1) (definition of AAT
Act)
Repeal the definition.
95 Subsection 5(1)
Insert:
ART means the Administrative Review Tribunal.
96 Subsection 5(1)
Insert:
ART Act means the Administrative Review Tribunal Act
2000.
97 Subsection 61(1)
Omit “AAT”, substitute “ART”.
98 Subsection 61(2)
Omit “AAT”, substitute “ART”.
Bounty (Machine Tools and
Robots) Act 1985
99 Subsection 40(2)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975, where the Administrative Appeals Tribunal”, substitute
“section 133 of the Administrative Review Tribunal Act 2000,
where the Administrative Review Tribunal”.
100 Subsection 31(2)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975, where the Administrative Appeals Tribunal”, substitute
“section 133 of the Administrative Review Tribunal Act 2000,
where the Administrative Review Tribunal”.
Broadcasting Services Act
1992
101 Paragraph 57(5)(b) of
Schedule 6
Omit “subsection 41(2) of the Administrative Appeals Tribunal Act
1975”, substitute “subsections 121(2), (3) and (4) of the
Administrative Review Tribunal Act 2000”.
102 Part 14 (heading)
Repeal the heading, substitute:
103 Clause 2 of Schedule 4 (definition
of AAT)
Repeal the definition.
104 Clause 2 of
Schedule 4
Insert:
ART means the Administrative Review Tribunal.
105 Subclause 62(1) of
Schedule 4
Omit “AAT”, substitute “ART”.
Note: The heading to clause 62 is altered by omitting
“AAT” and substituting
“ART”.
106 Subclause 62(3) of
Schedule 4
Omit “AAT”, substitute “ART”.
107 Subclause 62(5) of
Schedule 4
Omit “AAT”, substitute “ART”.
108 Subclause 62(7) of
Schedule 4
Omit “AAT”, substitute “ART”.
109 Subclause 62(9) of
Schedule 4
Omit “AAT”, substitute “ART”.
110 Paragraph 63(b) of
Schedule 4
Omit “AAT”, substitute “ART”.
111 Clause 3 of Schedule 5 (definition
of AAT)
Repeal the definition.
112 Clause 3 of
Schedule 5
Insert:
ART means the Administrative Review Tribunal.
113 Subclause 92(1) of
Schedule 5
Omit “AAT”, substitute “ART”.
Note: The heading to clause 92 is altered by omitting
“AAT” and substituting
“ART”.
114 Subclause 92(3) of
Schedule 5
Omit “AAT”, substitute “ART”.
115 Paragraph 93(b) of
Schedule 5
Omit “AAT”, substitute “ART”.
Child Support (Assessment)
Act 1989
116 Section 5 (definition of
AAT)
Repeal the definition.
117 Section 5
Insert:
ART means the Administrative Review Tribunal.
118 Paragraph 64A(6)(b)
Omit “Administrative Appeals Tribunal Act 1975, be made to the
AAT”, substitute “Administrative Review Tribunal Act 2000, be
made to the ART”.
119 Paragraph 64A(6)(c)
Omit “subsection 28(4) of that Act applies—that the person may
request a statement under section 28 of that Act”, substitute
“subsection 57(3) of that Act applies—that the person may request a
statement under section 57 of that Act”.
120 Part 6B (heading)
Repeal the heading, substitute:
121 Paragraph 98W(1)(b)
Omit “AAT”, substitute “ART”.
122 Subsection 98W(2)
Omit “AAT”, substitute “ART”.
123 Subsection 98ZE(4)
Repeal the subsection, substitute:
(4) The notice must include a statement to the effect that, if the person
is aggrieved by the decision, application may, subject to the Administrative
Review Tribunal Act 2000, be made to the ART for review of the decision.
Except where subsection 57(3) of that Act applies, the notice must also include
a statement to the effect that the person may request a statement under
section 57 of that Act.
124 Subsection 98ZE(7)
Omit “AAT”, substitute “ART”.
125 Subsection 98ZF(1)
Omit “AAT”, substitute “ART”.
Note: The heading to section 98ZF is altered by
omitting “AAT” and substituting
“ART”.
126 Subsections 98ZG(1) and
(2)
Omit “AAT”, substitute “ART”.
Child Support
(Registration and Collection) Act 1988
127 Subsection 96(1)
Omit “subsection 28(4) of that Act applies, also include a statement
to the effect that the person may request a statement under section 28 of
that Act”, substitute “subsection 57(3) of that Act applies, also
include a statement to the effect that the person may request a statement under
section 57 of that Act”.
128 Subsection 96(2)
Omit “Administrative Appeals Tribunal Act 1975, be made to the
Tribunal for review of the decision and, except where subsection 28(4) of that
Act applies, also include a statement to the effect that the person may request
a statement under section 28 of that Act”, substitute
“Administrative Review Tribunal Act 2000, be made to the Tribunal
for review of the decision and, except where subsection 57(3) of that Act
applies, also include a statement to the effect that the person may request a
statement under section 57 of that Act”.
129 Subsection 98(4)
Omit “Administrative Appeals Tribunal Act 1975, be made to the
Tribunal for review of the decision and, except where subsection 28(4) of that
Act applies, also include a statement to the effect that the person may request
a statement under section 28 of that Act”, substitute
“Administrative Review Tribunal Act 2000, be made to the Tribunal
for review of the decision and, except where subsection 57(3) of that Act
applies, also include a statement to the effect that the person may request a
statement under section 57 of that Act”.
130 At the end of
section 27A
Add:
(2) The decision must be reviewed in the Taxation Division of the
Tribunal.
Coal Mining Industry (Long
Service Leave) Payroll Levy Collection Act 1992
131 Paragraph 8(5)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28 of that Act”, substitute
“subsection 57(3) of that Act applies, application may be made in
accordance with section 57 of that Act”.
Commerce (Trade
Descriptions) Act 1905
132 Subsection 15(2) (note)
Repeal the note, substitute:
Note: The Administrative Review Tribunal Act 2000
extends the ordinary meaning of decision.
Commonwealth Electoral Act
1918
133 Subsection 141(6)
Repeal the subsection, substitute:
(6) For the purposes of conducting a review mentioned in
subsection (5), the President of the Tribunal must direct that 3 members of
the Tribunal are to constitute the Tribunal.
(6A) Only the President, executive members and senior members can
constitute the Tribunal.
(6B) Subsections (6) and (6A) apply despite section 69 of the
Administrative Review Tribunal Act 2000.
134 Paragraph 195B(2)(c)
Repeal the paragraph, substitute:
(c) except where subsection 57(3) of that Act applies—a statement to
the effect that the body or institution may request a statement under
section 57 of that Act.
135 Paragraph 195B(3)(b)
Repeal the paragraph, substitute:
(b) except where subsection 57(3) of the Administrative Review Tribunal
Act 2000 applies—a statement to the effect that the objector or
importer, as the case may be, may request a statement under section 57 of
that Act.
136 Paragraph 164AF(3)(a)
Omit “proceedings”.
137 Subsection 219A(1) (definition of
nominated AAT member)
Repeal the definition.
138 Subsection 219A(1)
Insert:
nominated ART member means a member of the Administrative
Review Tribunal in respect of whom a nomination is in force under
section 219AB to issue warrants under section 219B for use of
listening devices.
139 Section 219AB
Repeal the section, substitute:
(1) The Minister may, by writing, nominate a person who is a member of the
Administrative Review Tribunal to issue warrants under section 219B for use
of listening devices.
(2) However, the Minister must not nominate a person under
subsection (1) unless the person:
(a) is enrolled as a legal practitioner of the High Court, of another
federal court or of the Supreme Court of a State or of the Australian Capital
Territory; and
(b) has been so enrolled for not less than 5 years.
(3) A nomination ceases to have effect if:
(a) the person ceases to be a member of the Administrative Review
Tribunal; or
(b) the Minister, by writing, withdraws the nomination.
(4) A nominated ART member has, in performing a function of, or connected
with, issuing a warrant, the same protection and immunity as a Justice of the
High Court in relation to proceedings in the High Court.
140 Subsections 219B(5) to
(9)
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
141 Section 219C
Omit “nominated AAT member”, substitute “nominated ART
member”.
142 Section 219H
Omit “nominated AAT member”, substitute “nominated ART
member”.
143 Subsection 219K(1)
Omit “nominated AAT member”, substitute “nominated ART
member”.
144 Subsection 219ZL(4)
Omit “nominated AAT member”, substitute “nominated ART
member”.
145 Subsection 219ZL(5)
Repeal the subsection, substitute:
(5) In this section:
nominated ART member means a member of the Administrative
Review Tribunal in respect of whom a nomination is in force under
section 219AB to issue warrants under section 219B for use of
listening devices.
146 Paragraph 269SHA(2)(c)
Omit “review proceedings before the Tribunal”, substitute
“review as conducted by the Tribunal”.
147 Subsection 269SHA(3)
Omit “under subsection 30(1A) of the Administrative Appeals
Tribunal Act 1975 to be made a party to the proceeding”, substitute
“as mentioned in subsection 84(1) of the Administrative Review Tribunal
Act 2000 to become a participant in the review”.
148 Subsection 269SHA(4)
Omit “be joined as a party to proceedings for”, substitute
“become a participant in the”.
149 Subsection 269SHA(5)
Omit “party to proceedings for”, substitute “participant
in the”.
150 Paragraph 269SHA(5)(b)
Omit “parties to the proceeding”, substitute
“participants in the review”.
151 Subsection 269SHA(5)
Omit “date set for hearing”, substitute “date set for the
review”.
152 Subsection 269SHA(5)
Omit “introduced at the hearing”, substitute “introduced
at the review”.
153 Subsection 269SHA(6)
Omit “date of the hearing”, substitute “date of the
review”.
154 Subclause 25(4) of
Schedule 2
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
155 Subclause 25(7) of
Schedule 2
Repeal the subclause.
Debits Tax Administration
Act 1982
156 After subsection 25(3)
Insert:
(3A) The decision must be reviewed in the Taxation Division of the
Tribunal.
157 After subsection 25B(2)
Insert:
(2A) The decision must be reviewed in the Taxation Division of the
Tribunal.
158 Section 25E
Omit “section 25 of the Administrative Appeals Tribunal Act
1975”, substitute “section 54 of the Administrative
Review Tribunal Act 2000”.
159 Subsection 4(1) (definition of
AAT)
Repeal the definition
160 Subsection 4(1) (definition of AAT
Act)
Repeal the definition.
161 Subsection 4(1)
Insert:
ART means the Administrative Review Tribunal.
162 Subsection 4(1)
Insert:
ART Act means the Administrative Review Tribunal Act
2000.
163 Section 61CZB
Omit “AAT”, substitute “ART”.
164 Section 61CZC
Repeal the section, substitute:
The ART Act applies in relation to the review of a determination of a
Conscientious Objection Tribunal subject to the modifications set out in the
following table:
Modifications of the ART Act |
||
---|---|---|
|
Provision |
Modification |
1 |
section 76 |
Omit the section, substitute: 76 Participants in review by Tribunal The participants in the review of a determination of a Conscientious
Objection Tribunal are: (a) the person in relation to whom the determination was made;
and (b) the Commonwealth. |
2 |
Sections 86, 167 and 171 |
Omit the sections. |
165 Section 61CZD
Repeal the section.
166 Section 61CZE
Repeal the section.
167 Part VIC (heading)
Repeal the heading, substitute:
168 Paragraph 40K(2)(b)
Omit “Administrative Appeals Tribunal for review of a decision may,
under section 28 of that Act,”, substitute “Administrative
Review Tribunal for review of a decision may, under section 57 of that
Act”.
169 Subsection 40K(3)
Omit “subsection 28(4) of the Administrative Appeals Tribunal Act
1975”, substitute “subsection 57(3) of the Administrative
Review Tribunal Act 2000”.
Development Allowance
Authority Act 1992
170 Section 93AA (definition of
AAT)
Repeal the definition.
171 Section 93AA
Insert:
ART means the Administrative Review Tribunal.
172 Paragraph 112(3)(b)
Omit “AAT”, substitute “ART”.
Note: The heading to subsection 112(4) is altered by
omitting “AAT” and substituting
“ART”.
173 Subsection 113(3)
Omit “AAT”, substitute “ART”.
Note: The heading to subsection 113(4) is altered by
omitting “AAT” and substituting
“ART”.
174 Subsection 120(1)
Omit “AAT”, substitute “ART”.
Note: The heading to section 120 is altered by omitting
“Appeals” and substituting
“Review”.
175 Subsection 120(2)
Repeal the subsection.
176 Subsection 120(3)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
177 Subsection 120(3)
Omit “AAT”, substitute “ART”.
178 Paragraph 121(1)(b)
Omit “AAT”, substitute “ART”.
179 Subsection 121(2)
Omit “AAT”, substitute “ART”.
Diesel and Alternative
Fuels Grants Scheme Act 1999
180 Subsection 8(1) (note)
Repeal the note, substitute:
Note: Section 56 of the Administrative Review
Tribunal Act 2000 requires the notice to be accompanied by a statement of
your right to seek ART review.
181 Subsection 26(5) (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
182 Subsection 26(5) (note)
Omit “In so notifying, the decision-maker must have regard to the
Code of Practice determined under section 27B of that
Act.”.
183 After subsection 82B(1)
Insert:
(1A) The decision must be reviewed in the Taxation Division of the
Tribunal.
184 Subsection 82B(2)
Omit “subsection (1)”, substitute “this
section”.
Education Services for
Overseas Students (Registration of Providers and Financial Regulation) Act
1991
185 Paragraph 14(2)(b)
Omit “section 28”, substitute
“section 57”.
186 Subsection 14(3)
Omit “subsection 28(4) of the Administrative Appeals Tribunal Act
1975 applies”, substitute “subsection 57(3) of the
Administrative Review Tribunal Act 2000 applies”.
Electronic Transactions
Act 1999
187 Subsection 13(4)
After “tribunal”, insert “(other than the Administrative
Review Tribunal established by the Administrative Review Tribunal Act
2000)”.
Environmental Reform
(Consequential Provisions) Act 1999
188 Subitem 9(1) of
Schedule 2
Omit “subsection 43(1) of the Administrative Appeals Tribunal Act
1975”, substitute “subsections 133(1), (2), (3) and (4) of the
Administrative Review Tribunal Act 2000”.
Note: The heading to item 9 is altered by omitting
“AAT” and substituting
“ART”.
189 Subitem 9(1) of Schedule 2
(note)
Repeal the note, substitute:
Note: Subsection 55(2) of the Administrative Review
Tribunal Act 2000 provides for another person to become the decision-maker
for the purposes of a review of a decision by the Minister administering the
Species Act after the repeal of the Species Act.
190 Subitem 9(2) of
Schedule 2
Omit “subsection 43(1) of the Administrative Appeals Tribunal Act
1975”, substitute “section 133 of the Administrative
Review Tribunal Act 2000”.
Environment Protection and
Biodiversity Conservation Act 1999
191 Paragraph 472(2)(b)
Omit “28”, substitute “57”.
192 Subsection 473(2)
Omit “section 27 of the Administrative Appeals Tribunal Act
1975”, substitute “section 61 of the Administrative
Review Tribunal Act 2000”.
193 After subsection
162C(1)
Insert:
(1A) The decision must be reviewed in the Taxation Division of the
Tribunal.
194 Subsection 25(8)
Repeal the subsection, substitute:
(8) An order is subordinate legislation for the purposes of the
Administrative Review Tribunal Act 2000.
Export Market Development
Grants Act 1997
195 Subsection 83(3)
Repeal the subsection (other than the note to the subsection),
substitute:
(3) In subsection (2):
court includes the Administrative Review Tribunal.
196 Subsection 98(4) (note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
Federal Proceedings
(Costs) Act 1981
197 Title
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
198 Section 10A
Repeal the section.
Financial Institutions
Supervisory Levies Collection Act 1998
199 Subsection 27(7)
Repeal the subsection.
200 Subsection 27(8)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
201 Paragraph 27(9)(b)
Repeal the paragraph, substitute:
(b) give directions of a kind referred to in paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000.
202 Subsection 165(8)
Repeal the subsection.
203 Subsection 165(9)
Omit “Section 37 of the Administrative Appeals Tribunal Act
1975”, substitute “Subsection 77(1) of the Administrative
Review Tribunal Act 2000”.
204 Subsection 165(10)
Repeal the subsection, substitute:
(10) The Administrative Review Tribunal must, as soon as practicable after
the lodging of documents with that Tribunal under subsection 77(1) of the
Administrative Review Tribunal Act 2000, in relation to an application
mentioned in subsection (8) of this section, determine a timetable for
disposing of the matter.
Freedom of Information Act
1982
205 Subparagraph
26A(2)(b)(ia)
Omit “has dismissed the application under section 42A of the
Administrative Appeals Tribunal Act 1975”, substitute “or
applicant has ended the review under Division 1 of Part 8 of the
Administrative Review Tribunal Act 2000”.
206 Subparagraph
27(2)(b)(ia)
Omit “has dismissed the application under section 42A of the
Administrative Appeals Tribunal Act 1975”, substitute “or
applicant has ended the review under Division 1 of Part 8 of the
Administrative Review Tribunal Act 2000”.
207 Subparagraph
27A(2)(b)(ia)
Omit “has dismissed the application under section 42A of the
Administrative Appeals Tribunal Act 1975”, substitute “or
applicant has ended the review under Division 1 of Part 8 of the
Administrative Review Tribunal Act 2000”.
208 Subsection 55(4)
Repeal the subsection.
209 Subsection 56(5)
Omit “proceedings”, substitute “review”.
210 Subsection 58(1)
Omit “proceedings”, substitute “a
review”.
211 Subsection 58(2)
Omit “proceedings under this Act”, substitute “a review
under this Part or in proceedings under this Act”
212 Paragraph 58(7)(a)
Omit “Administrative Appeals”.
213 Section 58B
Repeal the section, substitute:
If a request is made to the Tribunal in accordance with subsection 58(4),
(5) or (5A), the only members who may constitute the Tribunal are the President,
executive members and senior members.
214 Subsection 58C(2)
Omit “At the hearing of a proceeding referred to in subsection
58B(1)”, substitute “In determining a question on a request in
accordance with subsection 58(4), (5) or (5A)”.
Note: The heading to section 58C is replaced by the
heading “Process for making section 58
determination”.
215 Paragraph 58C(2)(a)
Omit “shall hold in private the hearing of any part of the
proceeding”, substitute “must conduct in private any part of the
review”.
216 Paragraph 58C(2)(b)
Omit “shall hold the hearing of any other part of the
proceeding”, substitute “must conduct any other part of the
review”.
217 Subsection 58C(3)
Omit “Where the hearing of any part of a proceeding is held”,
substitute “If any part of the review is conducted”.
218 Paragraphs 58C(3)(a) and
(b)
Omit “at that hearing”, substitute “during that part of
the review”.
219 Subsection 58C(4)
Omit “Where, in relation to a proceeding referred to in subsection
58B(1)”, substitute “If, in determining a question on a request in
accordance with subsection 58(4), (5) or (5A)”.
220 Paragraph 58C(4)(a)
Omit “the hearing of a part of the proceeding”, substitute
“any part of the review”.
221 Paragraph 58C(4)(a)
Omit “at that hearing”, substitute “during that part of
the review”.
222 Subparagraphs 58C(4)(b)(i) and
(ii)
Omit “proceeding”, substitute “request”.
223 Subparagraph
58C(4)(b)(ii)
Omit “at a hearing held”, substitute “during any part of
the review conducted”.
224 Paragraph 58C(4)(c)
Omit “parties to the proceeding”, substitute “persons
present during the review”.
225 Paragraph 58C(4)(c)
Omit “proceeding” (second occurring), substitute
“request”.
226 Section 58D
Repeal the section.
227 Subsection 58E(1)
Omit “proceedings before”, substitute “review
by”.
228 Subsections 58E(2) and
(3)
Omit “the proceeding”, substitute “considering the
question”.
229 Subsection 58F(2A)
Repeal the subsection.
230 Subsection 59(2A)
Repeal the subsection.
231 Subsection 59A(2A)
Repeal the subsection.
232 Section 60
Repeal the section, substitute:
For the purposes of this Part (and of the application of the
Administrative Review Tribunal Act 2000 in respect of this
Part):
(a) a decision that a person gives on behalf of an agency is taken to have
been given by the agency; and
(b) in any review arising by virtue of section 56, the agency to
which or the Minister to whom the request was made is a participant in the
review; and
(c) in any process for the determination of a question referred to in
subsection 58(4), (5) or (5A) in relation to a document, the Minister who is the
appropriate Minister for the purposes of section 58A in respect of that
document is, on applying to the Tribunal, entitled to participate in the
process.
233 Subsection 61(1)
Omit “proceedings”, substitute “a
review”.
234 Subsection 61(2)
Omit “proceedings” (first occurring), substitute “a
review”.
235 Subsection 61(2)
Omit “party to the proceedings that”, substitute
“participant in the review who”
236 Subsection 62(1)
Omit “section 28 of the Administrative Appeals Tribunal Act
1975”, substitute “Subdivision B of Division 1 of
Part 4 of the Administrative Review Tribunal Act
2000”.
Note: The heading to section 62 is replaced by the
heading “Additional notice of decision”.
237 Section 63
Repeal the section, substitute:
(1) In deciding whether to make an order under subsection 100(3) of the
Administrative Review Tribunal Act 2000 in respect of a review under this
Part, the Tribunal must have regard to the nature of the review and, in
particular, to the need to avoid the disclosure to the applicant of:
(a) exempt matter contained in a document to which the review relates;
or
(b) any information of the kind mentioned in subsection 25(1) of this
Act.
(2) Despite anything in the Administrative Review Tribunal Act
2000:
(a) the Tribunal must not, in its decision or reasons for a decision in a
matter arising under this Act, include any matter or information covered by
subsection (1); and
(b) the Tribunal may receive evidence, or hear argument, in the absence of
the applicant or his or her representative if this is necessary in order to
prevent the disclosure to the applicant of matter or information covered by
subsection (1).
238 Subsection 64(1)
Omit “Where there are proceedings before the Tribunal”,
substitute “If the Tribunal is conducting, or preparing to conduct, a
review”.
239 Subsection 64(1)
Omit “section 37 of the Administrative Appeals Tribunal Act
1975”, substitute “sections 77 to 81 of the
Administrative Review Tribunal Act 2000”.
240 Subsection 64(1)
Omit “proceeding”, substitute “review”.
241 After subsection 64(1)
Insert:
(1A) If, for the purposes of a review by the Tribunal under this Act in
relation to a document that is claimed to be an exempt document, the document is
voluntarily produced to the Tribunal, then only:
(a) the members of the Tribunal as constituted for the purposes of the
review; or
(b) a member of the staff of the Tribunal in the course of the performance
of his or her duties as a member of that staff;
may inspect, or have access to, the document.
242 Subsection 64(2)
Omit “proceeding”, substitute “review”.
243 After subsection 64(2)
Insert:
(2A) In making an order for the purposes of subsection (1), (2) or
(4), the Tribunal may require the relevant document to be produced at any time
later than 28 days after the decision-maker was given notice of the application,
even if that time is before the Tribunal has begun to hear argument or otherwise
deal with the matter.
244 Subsection 64(3)
Omit “proceedings, other than proceedings”, substitute
“review, other than a process”.
245 Subsection 64(4)
Omit “proceedings before”, substitute “review
by”.
246 Subsection 64(5)
After “Subsections (1)”, insert “,
(1A)”.
247 Subsection 64(6)
After “Subsection (1)”, insert “,
(1A)”.
248 Subsection 64(6)
Omit “section 46 of the Administrative Appeals Tribunal Act
1975”, substitute “section 173 of the Administrative
Review Tribunal Act 2000”.
249 Subsection 64(7)
Omit “subparagraph 46(1)(c)(i) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 173(4)(a) of the
Administrative Review Tribunal Act 2000”.
250 Subsection 64(8)
Omit “subsection (1) or (2) is sent to the Federal Magistrates
Court as mentioned in subparagraph 46(1)(c)(i) of the Administrative Appeals
Tribunal Act 1975”, substitute “subsection (1), (1A) or (2)
is sent to the Federal Magistrates Court as mentioned in paragraph 173(4)(a) of
the Administrative Review Tribunal Act 2000”.
251 Section 65
Omit “proceedings before”, substitute “a review
by”.
252 Subsection 66(1)
Omit “proceedings”, substitute “review”.
Fringe Benefits Tax
Assessment Act 1986
253 Subsection 133(4)
Omit “the Registrar, a District Registrar or a Deputy Registrar of
the Tribunal”, substitute “the Chief Executive Officer of the
Tribunal or a person in charge of a Registry of the Tribunal”.
Great Barrier Reef Marine
Park Act 1975
254 Subsection 3(1) (definition of
AAT)
Repeal the definition.
255 Subsection 3(1)
Insert:
ART means the Administrative Review Tribunal.
256 Subsection 39M(1)
Omit “AAT”, substitute “ART”.
Note: The heading to section 39M is altered by omitting
“AAT” and substituting
“ART”.
257 Subsection 39M(2)
Repeal the subsection.
258 Subsection 39M(3)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
259 Subsection 39M(3)
Omit “AAT”, substitute “ART”.
260 Paragraph 39N(1)(b)
Omit “AAT”, substitute “ART”.
261 Subsection 39N(2)
Omit “AAT”, substitute “ART”.
Hazardous Waste
(Regulation of Exports and Imports) Act 1989
262 Paragraph 58(1)(b)
Omit “section 28”, substitute
“section 57”.
263 Subsection 58(2)
Omit “subsection 28(4) of the Administrative Appeals Tribunal Act
1975”, substitute “subsection 57(3) of the Administrative
Review Tribunal Act 2000”.
Health and Other Services
(Compensation) Act 1995
264 Subsection 33G(1)
(note)
Repeal the note, substitute:
Note: Section 56 of the Administrative Review
Tribunal Act 2000 requires the decision-maker to notify persons whose
interests are affected by the decision of the making of the decision and their
right to have the decision reviewed. In so notifying, the decision-maker must
have regard to guidelines issued under subsection (3) of that
section.
265 Subsection 33G(2)
Omit “subsection 43(6) of the Administrative Appeals Tribunal Act
1975”, substitute “sections 134 and 135 of the
Administrative Review Tribunal Act 2000”.
266 Subsection 20AB(4)
(note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
267 Subsection 20AC(4)
(note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
268 Subsection 20AD(4)
(note)
Omit “Section 27A of the Administrative Appeals Tribunal Act
1975”, substitute “Section 56 of the Administrative
Review Tribunal Act 2000”.
269 Paragraph 23DC(10)(d)
Omit “, by or on behalf of a person whose interests are affected by
the decision,”.
270 Paragraph 23DF(11)(d)
Omit “, by or on behalf of a person whose interests are affected by
the decision,”.
271 Subsection 23DL(9)
Omit “by or on behalf of a person whose interests are affected by the
decision”.
272 Subsection 23DN(7)
Omit “by or on behalf of a person whose interests are affected by the
decision”.
273 Subsection 23DO(4)
Omit “by or on behalf of a person whose interests are affected by the
decision”.
274 Subsection 23DZE(1)
Omit “subsection 28(4) of that Act applies, also include a statement
to the effect that the person may request a statement under
section 28”, substitute “subsection 57(3) of that Act applies,
also include a statement to the effect that the person may request a statement
under section 57”.
Hearing Services
Administration Act 1997
275 Subparagraph
30(1)(b)(ii)
Omit “section 28”, substitute
“section 57”.
276 Paragraph 34(1)(b)
Omit “section 28”, substitute
“section 57”.
Higher Education Funding
Act 1988
277 Subsection 50(2)
Omit “orders that may be made under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 include an order”,
substitute “directions that may be given under subsection 121(2) or (3) of
the Administrative Review Tribunal Act 2000 include a
direction”.
278 Subsection 51(1)
Omit “subsection 28(4) of that Act applies, also include a statement
to the effect that the person may request a statement under
section 28”, substitute “subsection 57(3) of that Act applies,
also include a statement to the effect that the person may request a statement
under section 57”.
279 Subsection 106MA(2)
Omit “Registrar”, substitute “Chief Executive
Officer”.
280 Subsection 106MA(5)
Repeal the subsection.
281 Paragraph 106X(2)(b)
Omit “subsection 28(4) of that Act applies, also include a statement
to the effect that the person may request a statement under
section 28”, substitute “subsection 57(3) of that Act applies,
also include a statement to the effect that the person may request a statement
under section 57”.
Horticultural Research and
Development Corporation Act 1987
282 Subsection 81(6)
Omit “enactment for the purposes of the Administrative Appeals
Tribunal Act 1975”, substitute “subordinate legislation for the
purposes of the Administrative Review Tribunal Act 2000”.
Imported Food Control Act
1992
283 Subparagraph
42(9)(b)(i)
Omit “subsection 24(4) of the Administrative Appeals Tribunal Act
1975”, substitute “subsection 57(3) of the Administrative
Review Tribunal Act 2000”.
Income Tax Assessment Act
1936
284 Subsection 124K(1D)
Repeal the subsection, substitute:
(1D) If the Minister makes a decision of the kind mentioned in
subsection (1C) and gives a person whose interests are affected by the
decision (within the meaning of the Administrative Review Tribunal Act
2000) notice in writing of the decision, that notice must:
(a) in all cases—include a statement to the effect that, subject to
the Administrative Review Tribunal Act 2000, application may be made to
the Administrative Review Tribunal, by or on behalf of any person whose
interests are affected by the decision, for review of the decision;
and
(b) except where subsection 57(3) of that Act applies—include a
statement to the effect that a request may be made under section 57 of that
Act by or on behalf of such a person for a statement of reasons for the
decision.
285 Subsection 124ZADAB(2)
Repeal the subsection, substitute:
(1B) If the Minister makes a decision of the kind mentioned in
subsection (1) and gives a person whose interests are affected by the
decision (within the meaning of the Administrative Review Tribunal Act
2000) notice in writing of the decision, that notice must:
(a) in all cases—include a statement to the effect that, subject to
the Administrative Review Tribunal Act 2000, application may be made to
the Administrative Review Tribunal, by or on behalf of any person whose
interests are affected by the decision, for review of the decision;
and
(b) except where subsection 57(3) of that Act applies—include a
statement to the effect that a request may be made under section 57 of that
Act by or on behalf of such a person for a statement of reasons for the
decision.
286 Subsection 159UV(2)
Repeal the subsection, substitute:
(1B) If the Minister makes a decision covered by subsection (1) and
gives written notice of the decision to the taxpayer, that notice
must:
(a) in all cases—include a statement to the effect that, subject to
the Administrative Review Tribunal Act 2000, application may be made to
the Administrative Review Tribunal, by or on behalf of any person whose
interests are affected by the decision, for review of the decision;
and
(b) except where subsection 57(3) of that Act applies—include a
statement to the effect that a request may be made under section 57 of that
Act by or on behalf of such a person for a statement of reasons for the
decision.
287 Subsection 202F(2)
Repeal the subsection, substitute:
(1A) The decisions must be reviewed in the Taxation Division of the
Tribunal.
(2) If an application has been made to the Tribunal for review of a
decision mentioned in paragraph (1)(a), the directions that the Tribunal
may give under section 121 of the Administrative Review Tribunal Act
2000 include a direction that the Commissioner issue a tax file number to
the applicant pending the determination of the application for review.
288 Subsection 202FA(1)
Repeal the subsection, substitute:
(1) If a decision of the kind mentioned in section 202F is made and
notice in writing of the decision is given to a person whose interests are
affected by the decision (within the meaning of the Administrative Review
Tribunal Act 2000), that notice must:
(a) in all cases—include a statement to the effect that, if the
person is dissatisfied with the decision, application may, subject to the
Administrative Review Tribunal Act 2000, be made to the Tribunal for
review of the decision; and
(b) except where subsection 57(3) of that Act applies—include a
statement to the effect that, under section 57 of that Act, the person may
request a statement of reasons for the decision.
289 At the end of
section 251QA
Add:
(2) The decisions must be reviewed in the Taxation Division of the
Tribunal.
290 Subsection 251QB(1)
Repeal the subsection, substitute:
(1) If:
(a) a decision of the kind mentioned in subsection 251QA(1) is made;
and
(b) notice in writing of the decision is given to a person whose interests
are affected by the decision (within the meaning of the Administrative Review
Tribunal Act 2000);
that notice must include a statement to the effect that a person whose
interests are affected by the decision may, subject to the Administrative
Review Tribunal Act 2000, if dissatisfied with the decision, apply to the
Tribunal for review of the decision.
291 Subsection 265(4)
Omit “the Registrar, a District Registrar or a Deputy
Registrar”, substitute “the Chief Executive Officer of the Tribunal
or a person in charge of a Registry of the Tribunal”.
Income Tax Assessment Act
1997
292 Subsection 34-33(4)
Omit “*AAT”, substitute
“*ART”.
293 Subsection 34-33(5)
Repeal the subsection, substitute:
(5) There must also be a statement to the effect that a request may be
made under section 57 of that Act by (or on behalf of) such an entity for a
statement of reasons for the decision, except where subsection 57(3) of that Act
applies.
294 Section 34-40
Omit “*AAT”, substitute
“*ART”.
Note: The heading to section 34-40 is altered by
omitting “Appeals” and substituting
“Review”.
295 Section 387-90
Omit “*AAT”, substitute
“*ART”.
296 Section 396-110
Omit “*AAT”, substitute
“*ART”.
Note: The heading to section 396-110 is altered by
omitting “AAT” and substituting
“ART”.
297 Section 995-1 (definition of
AAT)
Repeal the definition.
298 Section 995-1
Insert:
ART means the Administrative Review Tribunal.
Industrial Chemicals
(Notification and Assessment) Act 1989
299 Subsection 80QC(8)
Repeal the subsection.
300 Subsection 80QC(9)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
301 Paragraph 103(1)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
Industry Research and
Development Act 1986
302 Subsection 39T(2)
Repeal the subsection.
303 Subsection 39T(3)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request or the making of the
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request or the making of the application to the
Administrative Review Tribunal”.
304 Paragraph 39T(4)(b)
Omit “paragraph 35(2)(b) or (c) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000”.
305 Paragraph 39U(3)(b)
Omit “subsection 28(4) of that Act applies—include a statement
to the effect that a request may be made under section 28”,
substitute “subsection 57(3) of that Act applies—include a statement
to the effect that a request may be made under section 57”.
306 Subsection 39V(1)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975”, substitute “section 133 of the Administrative
Review Tribunal Act 2000”.
307 Subsection 39V(2)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975”, substitute “section 133 of the Administrative
Review Tribunal Act 2000”.
Insurance Acquisitions and
Takeovers Act 1991
308 Subsection 67(2)
Repeal the subsection.
309 Subsection 67(3)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
310 Subsections 67(4), (5) and
(6)
Repeal the subsections, substitute:
(4) In giving any direction as to the persons who are to constitute the
Administrative Review Tribunal for the purposes of:
(a) a review of a reviewable decision; or
(b) an application under section 121 of the Administrative Review
Tribunal Act 2000 in respect of such a decision;
the President must ensure that each member of the Tribunal as so
constituted who is not the President, an executive member or a senior member is
a person who, in the President’s opinion, has special knowledge or skill
in relation to life insurance business or insurance business.
(5) A member of the Administrative Review Tribunal must not be one of the
members who constitute the Tribunal for the purposes of:
(a) a review of a reviewable decision; or
(b) an application under section 121 of the Administrative Review
Tribunal Act 2000 in respect of such a decision;
if he or she is a director or employee of a company or body carrying on
(whether in Australia or elsewhere) life insurance business or insurance
business.
311 Paragraph 67(7)(b)
Omit “paragraph 35(2)(b) or (c) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000”.
312 Subsection 63(8)
Repeal the subsection.
313 Subsection 63(9)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
314 Subsections 63(10), (11), (12) and
(13)
Repeal the subsections, substitute:
(10) For the purposes of a review of a reviewable decision of the
Treasurer or APRA, the President must, despite subsections 69(1) and (2) of the
Administrative Review Tribunal Act 2000, direct that the Tribunal be
constituted by:
(a) one of the following:
(i) the President;
(ii) an executive member;
(iii) a senior member; and
(b) 2 members, neither of whom is the President, an executive member or a
senior member.
(11) In giving any direction as to the persons who are to constitute the
Administrative Review Tribunal for the purposes of:
(a) the review of a reviewable decision of the Treasurer or APRA;
or
(b) an application under section 121 of the Administrative Review
Tribunal Act 2000 in respect of such a decision;
the President must ensure that each member of the Tribunal as so
constituted who is not the President, an executive member or a senior member is
a person who, in the President’s opinion, has special knowledge or skill
in relation to life insurance business or insurance business.
(12) A member of the Administrative Review Tribunal must not be one of the
members who constitute the Tribunal for the purposes of:
(a) the review of a reviewable decision of the Treasurer or APRA;
or
(b) an application under section 121 of the Administrative Review
Tribunal Act 2000 in respect of such a decision;
if he or she is a director or employee of a company or body carrying on
(whether in Australia or elsewhere) life insurance business or insurance
business.
315 Paragraph 63(14)(b)
Omit “paragraph 35(2)(b) or (c) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000”.
316 Subparagraph
93(6)(c)(ii)
Omit “the Administrative Appeals Tribunal Act 1975 and, if no
appeal in the matter is made under section 44”, substitute “the
Administrative Review Tribunal Act 2000 and, if no appeal in the matter
is made under section 167”.
Judicial and Statutory
Officers (Remuneration and Allowances) Act 1984
317 Paragraph 3(2A)(b)
Repeal the paragraph.
318 Paragraphs 28(3)(a) and
(b)
Repeal the paragraphs, substitute:
(a) must be in a form and manner required by subsection 141(1) of the
Administrative Review Tribunal Act 2000; and
319 Subsection 29(2)
Omit “Sections 27, 29 and 41 and subsection 43(1)”,
substitute “sections 61, 76, 121, 133 and 141”.
320 Paragraph 31(1)(g)
Omit “section 28 of the Administrative Appeals Tribunal Act
1975 or lodged with the Tribunal under section 37 or 38 of that
Act”, substitute “section 57 of the Administrative Review
Tribunal Act 2000 or given to the Tribunal under section 77 or 78 of
that Act”.
321 Subsection 32(1)
Omit “presidential” (wherever occurring), substitute
“executive”.
322 Subsection 32(2)
Omit “presidential”, substitute
“executive”.
323 Subsection 32(3) (definition of
presidential member)
Repeal the definition.
324 Subsection 32(3)
Insert:
executive member has the meaning given by section 6 of
the Administrative Review Tribunal Act 2000.
325 Subsection 71(2)
Omit “subsections (3) and (4)”, substitute
“subsection (4)”.
326 Subsection 71(3)
Repeal the subsection.
327 Subsection 81(2)
Omit “subsections (3) and (4)”, substitute
“subsection (4)”.
328 Subsection 81(3)
Repeal the subsection.
329 Subsection 99(2)
Omit “subsections (3) and (4)”, substitute
“subsection (4)”.
330 Subsection 99(3)
Repeal the subsection.
331 Subsection 107(2)
Omit “subsections (3) and (4)”, substitute
“subsection (4)”.
332 Subsection 107(3)
Repeal the subsection.
333 Subsection 131(1)
Repeal the subsection, substitute:
(1) The Administrative Review Tribunal may recommend to the
Attorney-General that the Commonwealth should pay the whole or a part of the
costs, in relation to a review by the Tribunal on an application made to the
Tribunal under a provision of this Act, of the person who made the application
or of any other person who is a participant in the review under subsection 84(1)
of the Administrative Review Tribunal Act 2000.
Note: The heading to section 131 is replaced by the
heading “Award of costs in review by the Administrative Review
Tribunal”.
334 Subsection 131(3)
Omit “proceedings before”, substitute “a review
by”.
335 Subsection 236(9)
Repeal the subsection.
336 Subsection 236(10)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
337 Section 237
Repeal the section, substitute:
(1) For the purposes of a review of a reviewable decision, the President
must, despite subsections 69(1) and (2) of the Administrative Review Tribunal
Act 2000, direct that the Administrative Review Tribunal be constituted
by:
(a) one of the following:
(i) the President;
(ii) an executive member;
(iii) a senior member; and
(b) 2 members, neither of whom is the President, an executive member or a
senior member.
(2) In giving any direction as to the persons who are to constitute the
Administrative Review Tribunal for the purposes of:
(a) a review of a reviewable decision; or
(b) an application made under section 121 of the Administrative
Review Tribunal Act 2000 in respect of such a decision;
the President must ensure that each member of the Tribunal as so
constituted who is not the President, an executive member or a senior member is
a person who, in the President’s opinion, has special knowledge or skill
in relation to life insurance business.
(3) A member of the Administrative Review Tribunal must not be one of the
members who constitute the Tribunal for the purposes of:
(a) a review of a reviewable decision; or
(b) an application made under section 121 of the Administrative
Review Tribunal Act 2000 in respect of such a decision;
if he or she is a director or employee of a company or body carrying on
(whether in Australia or elsewhere) life insurance business or insurance
business.
(4) If a participant or another person appears before the Tribunal in a
review of a reviewable decision, that part of the review is to be in private and
the Tribunal may, by order:
(a) give directions as to other persons who may be present; and
(b) give directions of a kind referred to in paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000.
338 Subsection 37(7)
Repeal the subsection, substitute:
(7) An order is subordinate legislation for the purposes of the
Administrative Review Tribunal Act 2000.
Motor Vehicle Standards
Act 1989
339 Paragraph 40(1)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28 of that Act”, substitute
“subsection 57(3) of that Act applies, application may be made in
accordance with section 57 of that Act”.
340 Paragraph 34(3)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
341 Subsection 14A(2)
Repeal the subsection, substitute:
(2) In a review on an application under subsection (1), the only
members who may constitute the Tribunal are the President, executive members and
senior members.
National Crime Authority
Act 1984
342 Schedule 1
Omit “Administrative Appeals Tribunal Act 1975,
section 36”, substitute “Administrative Review Tribunal Act
2000, section 101, but only in so far as the Attorney-General of the
Commonwealth has certified as mentioned in that section”.
343 Part VIIA
(heading)
Repeal the heading, substitute:
344 Paragraph 105AD(3)(e)
Omit “subsection 28(4) of that Act applies, the applicant may request
a statement under section 28”, substitute “subsection 57(3) of
that Act applies, the applicant may request a statement under
section 57”.
345 Paragraph 377M(2)(b)
Omit “subsection 28(4) of that Act applies, also include a statement
to the effect that the person may request a statement under
section 28”, substitute “subsection 57(3) of that Act applies,
also include a statement to the effect that the person may request a statement
under section 57”.
346 Section 406 (definition of
decision) (note)
Repeal the note.
347 Paragraph 407(6)(c)
Omit “section 28 of the Administrative Appeals Tribunal Act
1975”, substitute “section 57 of the Administrative
Review Tribunal Act 2000”.
348 Subsection 3(1) (paragraph (d) of the
definition of chief executive officer of a court or
tribunal)
Repeal the paragraph.
349 After subsection 3(15)
Insert:
(15A) Subsections (14) and (15) do not apply in relation to the
Administrative Review Tribunal.
Note: See instead paragraph (b) of the definition of
officer.
350 Paragraph 3(18)(b)
Repeal the paragraph.
351 Paragraph 16(5)(b)
Repeal the paragraph.
352 Subsection 67(1)
Omit “Administrative Appeals Tribunal Act 1975, be made to the
Administrative Appeals Tribunal for review of the decision and, except where
subsection 28(4) of that Act applies, also include a statement to the effect
that the person may request a statement under section 28”, substitute
“Administrative Review Tribunal Act 2000, be made to the
Administrative Review Tribunal for review of the decision and, except where
subsection 57(3) of that Act applies, also include a statement to the effect
that the person may request a statement under section 57”.
353 Subsection 11A(7)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975, the Administrative Appeals Tribunal”, substitute
“section 133 of the Administrative Review Tribunal Act 2000,
the Administrative Review Tribunal”.
Pay-roll Tax Assessment
Act 1941
354 After subsection 40C(2)
Add:
(2A) The decision must be reviewed in the Taxation Division of the
Tribunal.
355 Subsection 70(4)
Omit “Registrar, a District Registrar or a Deputy Registrar”,
substitute “Chief Executive Officer of the Tribunal or a person in charge
of a Registry of the Tribunal”.
Pay-roll Tax (Territories)
Assessment Act 1971
356 Subsection 69(4)
Omit “Registrar, a District Registrar or a Deputy Registrar”,
substitute “Chief Executive Officer of the Tribunal or a person in charge
of a Registry of the Tribunal”.
Petroleum Excise (Prices)
Act 1987
357 Subsection 12(7)
Repeal the subsection.
Plant Breeder’s
Rights Act 1994
358 Subsection 3(1) (definition of
AAT)
Repeal the definition.
359 Subsection 3(1) (definition of AAT
Act)
Repeal the definition.
360 Subsection 3(1)
Insert:
ART means the Administrative Review Tribunal.
361 Subsection 3(1)
Insert:
ART Act means the Administrative Review Tribunal Act
2000.
362 Subsection 19(7) (note)
Omit “AAT”, substitute “ART”.
363 Subsection 19(10)
(note)
Omit “AAT”, substitute “ART”.
364 Subsection 19(11)
(note)
Omit “AAT”, substitute “ART”.
365 Subsection 21(5) (note)
Omit “AAT”, substitute “ART”.
366 Subsection 30(5) (note)
Omit “AAT”, substitute “ART”.
367 Subsection 31(6) (note)
Omit “AAT”, substitute “ART”.
368 Subsection 34(1) (note)
Omit “AAT”, substitute “ART”.
369 Subsection 37(1) (note)
Omit “AAT”, substitute “ART”.
370 Subsection 38(5) (note)
Omit “AAT”, substitute “ART”.
371 Subsection 39(2) (note)
Omit “AAT”, substitute “ART”.
372 Subsection 39(3)
Omit “AAT” (wherever occurring), substitute
“ART”.
373 Subsection 39(5)
Omit “subsection 44A(2) of the AAT Act where an appeal is begun in
that Court from a decision of the AAT”, substitute “subsection
171(2) of the ART Act where an appeal is begun in that Court from a decision of
the ART”.
374 Subsection 40(8) (note)
Omit “AAT”, substitute “ART”.
375 Subsection 40(12)
(note)
Omit “AAT”, substitute “ART”.
376 Subsection 41(1) (note)
Omit “AAT”, substitute “ART”.
377 Subsection 44(12)
(note)
Omit “AAT”, substitute “ART”.
378 Paragraph 48(2)(b)
Omit “AAT”, substitute “ART”.
379 Subsection 49(3) (note)
Omit “AAT”, substitute “ART”.
380 Paragraph 50(6)(a)
Omit “AAT”, substitute “ART”.
381 Subsection 50(7)
Omit “subsection 44A(2) of the AAT Act”, substitute
“subsection 171(2) of the ART Act”.
382 Subsection 50(10)
(note)
Omit “AAT”, substitute “ART”.
383 Subsection 77(1)
Omit “AAT”, substitute “ART”.
384 Subsection 77(2)
Repeal the subsection.
385 Subsection 77(3)
Omit “AAT” (wherever occurring), substitute
“ART”.
386 Subsection 77(4) (definition of
decision)
Omit “AAT Act”, substitute “ART Act”.
Prawn Export Promotion Act
1995
387 Subsection 29(6)
Repeal the subsection, substitute:
(6) An order is subordinate legislation for the purposes of the
Administrative Review Tribunal Act 2000.
Primary Industries Levies
and Charges Collection Act 1991
388 Subsection 31(6)
Omit “an enactment for the purposes of the Administrative Appeals
Tribunal Act 1975”, substitute “subordinate legislation for the
purposes of the Administrative Review Tribunal Act 2000”.
389 Subsection 61(3)
Repeal the subsection, substitute:
(3) In exercising powers in relation to an application for review under
subsection (1), the President must, despite subsections 69(1) and (2) of
the Administrative Review Tribunal Act 2000, direct that the Tribunal be
constituted for the purposes of the review by 3 members. Only the President,
executive members and senior members can constitute the Tribunal.
Private Health Insurance
Incentives Act 1998
390 Section 19-10
(note)
Repeal the note, substitute:
Note: Under section 56 of the Administrative Review
Tribunal Act 2000, the decision-maker must notify persons whose interests
are affected by the making of the decision and of their right to have the
decision reviewed. In notifying any such persons, the decision-maker must have
regard to guidelines issued under subsection 56(3) of that Act.
Product Grants and
Benefits Administration Act 2000
391 Subsection 24A(4) (paragraph (b) of the
definition of decision to which this section
applies)
After “Administrative Appeals Tribunal”, insert “or the
Administrative Review Tribunal”.
392 Section 5 (definition of
AAT)
Repeal the definition.
393 Section 5
Insert:
ART means the Administrative Review Tribunal.
394 Paragraph 116(4)(b)
Omit “AAT”, substitute “ART”.
395 Paragraph 128E(5)(b)
Omit “subsection 41(2) of the Administrative Appeals Tribunal Act
1975”, substitute “subsections 121(2), (3) and (4) of the
Administrative Review Tribunal Act 2000”.
396 Subsection 231(7)
Omit “AAT”, substitute “ART”.
397 Paragraph 287(1)(b)
Omit “Administrative Appeals Tribunal Act 1975 be made to the
AAT”, substitute “Administrative Review Tribunal Act 2000 be
made to the ART”.
398 Paragraph 291(1)(a)
Omit “Administrative Appeals Tribunal Act 1975, if he or she
is dissatisfied with the decision so affirmed or varied, apply to the
AAT”, substitute “Administrative Review Tribunal Act 2000, if
he or she is dissatisfied with the decision so affirmed or varied, apply to the
ART”.
399 Paragraph 291(1)(b)
Omit “section 28”, substitute
“section 57”.
400 Section 292
Omit “AAT”, substitute “ART”.
Note: The heading to section 292 is altered by omitting
“AAT” and substituting
“ART”.
401 Section 292A
Omit “AAT”, substitute “ART”.
Note: The heading to section 292A is altered by
omitting “AAT” and substituting
“ART”.
402 Paragraph 292B(b)
Omit “AAT”, substitute “ART”.
403 Paragraph 3(2)(b) of Part 1 of the
Schedule
Omit “AAT” (wherever occurring), substitute
“ART”.
404 Paragraph 3(2)(c) of Part 1 of the
Schedule
Omit “AAT”, substitute “ART”.
405 Paragraph 2(1)(c) of Part 2 of the
Schedule
Omit “AAT”, substitute “ART”.
406 Subclause 7(1) of Part 2 of the
Schedule
Omit “AAT”, substitute “ART”.
Note: The heading to clause 7 is altered by omitting
“AAT” and substituting
“ART”.
407 Subclause 7(3) of Part 2 of the
Schedule
Repeal the subclause.
408 Subclause 7(4) of Part 2 of the
Schedule
Omit “AAT”, substitute “ART”.
409 Subclause 7(5) of Part 2 of the
Schedule
Omit “AAT”, substitute “ART”.
410 Subclause 8(3) of Part 2 of the
Schedule
Omit “AAT”, substitute “ART”.
411 Subclause 9(4) of Part 2 of the
Schedule
Omit “AAT”, substitute “ART”.
Remuneration and
Allowances Act 1990
412 Part 3 of clause 2 of
Schedule 1 (table row relating to the President of the Administrative
Appeals Tribunal)
Repeal the row.
413 Clause 3 of
Schedule 1
Omit “President of the Administrative Appeals
Tribunal,”.
414 Clause 5 of
Schedule 1
Omit “President of the Administrative Appeals
Tribunal,”.
415 Part 3 of clause 3 of
Schedule 2 (table row relating to the Deputy President (non-judicial),
Administrative Appeals Tribunal)
Repeal the row.
Retirement Savings
Accounts Act 1997
416 Subsection 189(8)
Repeal the subsection.
417 Subsection 189(9)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
Note: The heading to subsection 189(9) is replaced by the
heading “Section 121 of ART Act”.
Safety, Rehabilitation and
Compensation Act 1988
418 Subsection 4(1) (definition of proceeding
under Part VI)
Repeal the definition.
419 Subsection 4(12)
Repeal the subsection.
420 Paragraph 26(4)(b)
Repeal the paragraph, substitute:
(b) an application for review of such a determination has been made under
Part VI.
421 Subsection 60(2)
Omit “parties to proceedings instituted under this Part”,
substitute “participants in the review by the Administrative Review
Tribunal under this Part of a reviewable decision”.
422 Subsection 64(3)
Omit “section 27 of the Administrative Appeals Tribunal Act
1975, a person may not make an application to the Administrative Appeals
Tribunal”, substitute “section 61 of the Administrative
Review Tribunal Act 2000, a person may not make an application to the
Administrative Review Tribunal”.
423 Subsections 65(2), (3) and
(4)
Repeal the subsections, substitute:
(2) Paragraph 69(5)(b) of the Act has effect as if “which must be in
Australia or in an external Territory” were replaced with “which may
be either within or outside Australia”.
424 Paragraph 66(1)(a)
Omit “instituted proceedings under this Part”, substitute
“applied to the Administrative Review Tribunal under this Part for review
of a reviewable decision”.
425 Paragraph 66(1)(a)
Omit “in those proceedings”, substitute “in that
review”.
426 Paragraph 66(1)(b)
Omit “hearing of those proceedings”, substitute “evidence
to begin to be given in that review”.
427 Subsection 66(1)
Omit “in those proceedings”.
428 Subsection 66(2)
Omit “proceedings instituted under this Part in relation”,
substitute “evidence in any review by the Tribunal under this Part of a
reviewable decision relating”.
429 Subsection 67(1)
Repeal the subsection, substitute:
(1) Subject to this section, the costs incurred by a participant in the
review by the Administrative Review Tribunal of that reviewable decision are to
be borne by that participant.
430 Subsection 67(2)
Omit “proceeding instituted under this Part in respect”,
substitute “review by the Administrative Review Tribunal under this
Part”.
431 Subsection 67(2)
Omit “that proceeding”, substitute “that
review”.
432 Subsection 67(8)
Omit “proceedings instituted”, substitute “application
under this Part”.
433 Subsection 67(8)
Omit “those proceedings”, substitute “that
review”.
434 Subsection 67(8A)
Omit “any proceedings instituted”, substitute “any review
of a reviewable decision resulting from an application made under this
Part”.
435 Subsection 67(8B)
Omit “any proceedings instituted”, substitute “any review
of a reviewable decision resulting from an application made under this
Part”.
436 Subsection 67(8B)
Omit “the proceedings”, substitute “the
review”.
437 Subsection 67(9)
Omit “proceedings before it”, substitute
“review”.
438 Subsection 67(11)
Omit “any proceedings”, substitute “any review of a
reviewable decision under this Part”.
439 Subsection 67(11)
Omit “those proceedings”, substitute “that
review”.
440 Subsection 67(12)
Omit “any proceedings”, substitute “any review of a
reviewable decision under this Part”.
441 Subsection 67(12)
Omit “those proceedings”, substitute “that
review”.
442 Subsection 67(13)
Omit “parties”, substitute
“participants”.
443 Subsection 67(13)
Omit “the Registrar, a District Registrar or a Deputy
Registrar”, substitute “the Chief Executive Officer or staff of the
Tribunal”.
444 Subsection 67(14)
Omit “section 69A of the Administrative Appeals Tribunal Act
1975, the responsible authority is taken to be a party to the proceeding
before the Administrative Appeals Tribunal”, substitute
“section 156 of the Administrative Review Tribunal Act 2000,
the responsible authority is taken to be a participant in the review by the
Administrative Review Tribunal”.
445 Paragraph 107G(3)(b)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
446 Subsection 107K(4)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
447 Subsection 107L(9)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
448 Subsection 107L(10)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
449 Subsection 107M(11)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
450 Subsection 107M(12)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
451 Subsection 107Z(5)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
452 Subsection 107ZA(6)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
453 Subsection 107ZB(9)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
454 Paragraph 108H(4)(b)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
455 Subsection 108L(4)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
456 Subsection 108M(4)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
457 Subsection 108W(7)
Omit “proceedings under Part VI”, substitute “review
of a reviewable decision under Part VI”.
Seafarers Rehabilitation
and Compensation Act 1992
458 Section 3 (definition of
AAT)
Repeal the definition.
459 Section 3
Insert:
ART means the Administrative Review Tribunal.
460 Section 74
Omit “AAT”, substitute “ART”.
461 At the end of
section 74
Add:
(2) Section 57 of the ART Act applies to the decision as if a
reference to a person whose interests are affected by the decision were a
reference to the employer.
Note: The heading to section 74 is altered by adding at
the end “etc.”.
462 Part 6 (heading)
Repeal the heading, substitute:
463 Subsection 76(1) (definition of AAT
Act)
Repeal the definition.
464 Subsection 76(1) (definition of AAT
extension application)
Repeal the definition.
465 Subsection 76(1)
Insert:
ART Act means the Administrative Review Tribunal Act
2000.
466 Subsection 76(1)
Insert:
ART extension application means an application under
section 142 of the ART Act that relates to a review of a reviewable
decision or an extension of time decision.
467 Subsection 76(1) (definition of
decision)
Omit “AAT”, substitute “ART”.
468 Subsection 76(2)
Omit “parties to”, substitute “participants
in”.
469 Subsection 78(1)
Omit “a proceeding has been instituted or completed under this Part
in respect of a reviewable decision made in relation to that
determination”, substitute “an application has been made under this
Part for the review by the ART of a reviewable decision made in relation to that
determination, and whether or not any such review has been
completed”.
470 Section 80
Omit “AAT”, substitute “ART”.
471 At the end of
section 80
Add:
(2) Section 57 of the ART Act applies to the decision as if a
reference to a person whose interests are affected by the decision were a
reference to the employer.
Note: The heading to section 80 is altered by adding at
the end “etc.”.
472 Paragraph 87(c)
Omit “AAT” (wherever occurring), substitute
“ART”.
473 Subsection 88(1)
Omit “AAT”, substitute “ART”.
Note: The heading to section 88 is altered by omitting
“AAT” and substituting “ART
etc.”.
474 Subsection 88(2)
Omit “section 27 of the AAT Act”, substitute
“section 61 of the ART Act”.
475 At the end of
section 88
Add:
(3) Section 57 of the ART Act applies to a reviewable decision as if
a reference to a person whose interests are affected by the decision were a
reference to the claimant.
476 Division 3 of Part 6
(heading)
Repeal the heading, substitute:
477 Subsection 89(1)
Omit “AAT” (wherever occurring), substitute
“ART”.
Note: The heading to section 89 is altered by omitting
“AAT” and substituting
“ART”.
478 Subsection 89(2)
Repeal the subsection, substitute:
(2) Paragraph 69(5)(b) of the ART Act has effect as if “which must
be in Australia or in an external Territory” were replaced with
“which may be either within or outside Australia”.
479 Subsection 89(3)
Repeal the subsection.
480 Paragraph 89(4)(a)
Omit “AAT has not made a decision under section 43 of the AAT
Act”, substitute “ART has not made a decision under section 133
of the ART Act”.
481 Paragraph 89(4)(c)
Repeal the paragraph, substitute:
(c) subsection 57(1) and paragraph 84(1)(b) of the ART Act have effect as
if a reference to the decision-maker were a reference to the Fund; and
482 Paragraph 89(4)(d)
Repeal the paragraph, substitute:
(d) the ART must:
(i) if the ART has commenced but not finished its review—adjourn the
review for a period of at least 28 days beginning on the day the ART becomes
aware of the default event in relation to the actual employer; and
(ii) if the ART has not commenced its review—not commence the review
for a period of at least 28 days beginning on the day the ART becomes aware of
the default event in relation to the actual employer.
483 Subsection 90(1)
Repeal the subsection, substitute:
(1) If:
(a) a claimant who has applied to the ART under this Part for review of a
reviewable decision seeks to adduce any matter in evidence before the ART in
that review; and
(b) the claimant has not disclosed that matter to the ART at least 28 days
before the day fixed for the evidence to begin to be given in that
review;
that matter is not admissible in evidence without the leave of the
ART.
Note: The heading to section 90 is altered by omitting
“AAT” and substituting
“ART”.
484 Subsection 90(2)
Omit “AAT, admissible in proceedings instituted under this Part in
relation”, substitute “ART, admissible in evidence in any review by
the Tribunal under this Part of a reviewable decision relating”.
485 Subsection 90(2A)
Omit “AAT, admissible in proceedings instituted under this Part in
relation”, substitute “ART, admissible in evidence in any review by
the Tribunal under this Part of a reviewable decision relating”.
486 Subsection 90(3)
Omit “AAT” (wherever occurring), substitute
“ART”.
487 Subsection 91(1)
Repeal the subsection, substitute:
(1) Subject to this section, the costs incurred by a participant in a
review by the ART are to be borne by that participant.
Note: The heading to section 91 is altered by omitting
“AAT” and substituting
“ART”.
488 Subsection 91(2)
Omit “proceedings instituted under this Part in respect of a
reviewable decision relating to a determination are”, substitute “a
review by the ART under this Part in respect of a reviewable decision relating
to a determination is”.
489 Subsection 91(2)
Omit “that proceeding”, substitute “that
review”.
490 Paragraph 91(3)(e)
Omit “AAT”, substitute “ART”.
491 Paragraph 91(4)(e)
Omit “AAT”, substitute “ART”.
492 Subsection 91(6)
Omit “AAT”, substitute “ART”.
493 Subsection 92(1)
Omit “in any proceedings instituted”, substitute “on an
application made”.
Note: The heading to section 92 is altered by omitting
“AAT” and substituting
“ART”.
494 Subsection 92(1)
Omit “AAT” (wherever occurring), substitute
“ART”.
495 Subsection 92(1)
Omit “those proceedings”, substitute “that
review”.
496 Subsection 92(2)
Omit “AAT” (wherever occurring), substitute
“ART”.
497 Subsection 92(2)
Omit “proceedings before it”, substitute
“review”.
498 Subsection 92(3)
Omit “AAT” (wherever occurring), substitute
“ART”.
499 Subsection 92(4)
Omit “any proceedings”, substitute “any review of a
reviewable decision under this Part”.
500 Subsection 92(4)
Omit “AAT” (wherever occurring), substitute
“ART”.
501 Subsection 92(4)
Omit “those proceedings”, substitute “that
review”.
502 Subsection 92(5)
Omit “any proceedings”, substitute “any review of a
reviewable decision under this Part”.
503 Subsection 92(5)
Omit “AAT” (wherever occurring), substitute
“ART”.
504 Subsection 92(5)
Omit “those proceedings”, substitute “that
review”.
505 Subsection 92(6)
Repeal the subsection, substitute:
(6) If the ART orders an employer to pay costs incurred by a claimant, the
ART may, in the absence of agreement between the participants as to the amount
of the costs, tax or settle the amount of costs or order that the costs be taxed
by the Chief Executive Officer or staff of the ART.
506 Subsection 92(7)
Omit “section 69A of the AAT Act, an employer who is ordered by
the AAT”, substitute “section 156 of the ART Act, an employer
who is ordered by the ART”.
507 Paragraph 76(1)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
Ships (Capital Grants) Act
1987
508 Subsection 38(2)
Omit “section 43 of the Administrative Appeals Tribunal Act
1975, where the Administrative Appeals Tribunal”, substitute
“sections 133, 134, 136 and 137 of the Administrative Review
Tribunal Act 2000, where the Administrative Review
Tribunal”.
Small Superannuation
Accounts Act 1995
509 At the end of
section 83
Add:
(2) The decision must be reviewed in the Taxation Division of the
Tribunal.
510 Subsection 84(1)
Repeal the subsection.
Note: The heading to section 84 is altered by omitting
“Administrative Appeals Tribunal Act 1975” and
substituting “Administrative Review Tribunal Act
2000”.
511 Subsection 84(2)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
Note: The heading to subsection 84(2) is replaced by the
heading “Section 121 of ART Act”.
512 After subsection 20(2)
Insert:
(2A) The decision must be reviewed in the Taxation Division of the
Tribunal.
513 Subsection 20(3)
Omit “subsection (2)”, substitute “this
section”.
514 Paragraph 5C(e)
Omit “Administrative Appeals Tribunal and the Social Security Appeals
Tribunal”, substitute “Administrative Review
Tribunal”.
515 Paragraph 12ZQ(2)(b)
Omit “subsection 28(4) of that Act applies, also include a statement
to the effect that the person may request a statement under
section 28”, substitute “subsection 57(3) of that Act applies,
also include a statement to the effect that the person may request a statement
under section 57”.
516 Subsection 303(3)
Omit “Social Security Appeals Tribunal or the Administrative Appeals
Tribunal”, substitute “Administrative Review
Tribunal”.
Note: The heading to subsection 303(3) is altered by
omitting “Tribunals” and substituting “the
Administrative Review Tribunal”.
517 Subsection 303(5)
Repeal the subsection.
518 Subsection 303(6)
Omit “Registrar of the Administrative Appeals Tribunal”,
substitute “Chief Executive Officer of the Administrative Review
Tribunal”.
Note: The heading to subsection 303(6) is altered by
omitting “AAT Registrar” and substituting “ART Chief
Executive Officer”.
519 Subsection 304(5)
Omit “Social Security Appeals Tribunal” (wherever occurring),
substitute “Administrative Review Tribunal”.
520 Paragraph 308(1)(a)
Omit “Social Security Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
521 Paragraph 308(1)(c)
Repeal the paragraph.
522 Division 2 of
Part 9
Repeal the Division.
523 Division 3 of Part 9
(heading)
Repeal the heading, substitute:
524 Section 324
Repeal the section, substitute:
People who may apply for review
(1) If:
(a) a decision has been reviewed by the Secretary or an authorised review
officer under section 306; and
(b) the decision has been affirmed, varied or set aside;
a person whose interests are affected by the decision of the Secretary or
the authorised review officer may apply to the Administrative Review Tribunal
for review of that decision.
Decision made by Secretary or review officer
(2) For the purposes of subsection (1), the decision made by the
Secretary or the authorised review officer is taken to be:
(a) if the Secretary or the authorised review officer affirms a
decision—the decision as affirmed; and
(b) if the Secretary or the authorised review officer varies a
decision—the decision as varied; and
(c) if the Secretary or the authorised review officer sets a decision
aside and substitutes a new decision—the new decision.
ART Act requirements
(3) Subsection (1) has effect subject to section 141 of the
Administrative Review Tribunal Act 2000.
Note: Under section 141 of the Administrative Review
Tribunal Act 2000, an application to the ART for review of a decision
must be in the form and manner applicable under the practice and procedure
directions.
Secretary may treat event as having occurred
(4) If:
(a) the Administrative Review Tribunal sets a decision aside;
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 Division.
However, the Administrative Review Tribunal cannot review a
decision:
(a) under section 343 or 345 (notice requiring information from any
person); or
(b) under section 305 (continuation of payment pending review of
adverse decision).
525 Division 4 of
Part 9
Repeal the Division.
526 Paragraph 335(1)(c)
Repeal the paragraph, substitute:
(b) the executive member of the Income Support Division of the
Administrative Review Tribunal.
527 Subsection 335(4)
Repeal the subsection, substitute:
Executive member to have regard to statement
(4) In exercising powers under this Act, the executive member for the
Income Support Division of the Administrative Review Tribunal must have regard
to any statement a copy of which has been given to the member under
subsection (1).
528 Section 336
Omit “National Convener of the Social Security Appeals
Tribunal”, substitute “executive member of the Income Support
Division of the Administrative Review Tribunal”.
Note: The heading to section 336 is altered by omitting
“National Convener” and substituting “executive
member”.
529 Subsection 154(7)
Repeal the subsection, substitute:
(7) For the purposes of such a review, the President must, despite
subsection 69(2) of the Administrative Review Tribunal Act 2000, direct
that the Tribunal be constituted for the purposes of the review by:
(a) at least one executive member or senior member; and
(b) at least one member who is an eligible employee or a
pensioner.
Superannuation Industry
(Supervision) Act 1993
530 Subsection 344(9)
Repeal the subsection.
531 Subsection 344(10)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
Note: The heading to subsection 344(10) is replaced by the
heading “Section 121 of ART Act”.
532 Paragraph 344(11)(b)
Omit “paragraph 35(2)(b) or (c) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000”.
Superannuation (Self
Managed Superannuation Funds) Taxation Act 1987
533 Subsection 16(7)
Repeal the subsection, substitute:
(7) The decisions must be reviewed in the Taxation Division of the
Tribunal.
534 Subsection 16(8)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975 applies as if the making of the request were the making of an
application to the Administrative Appeals Tribunal”, substitute
“section 121 of the Administrative Review Tribunal Act 2000
applies as if the making of the request were the making of an application to the
Administrative Review Tribunal”.
535 Subsection 16(9)
Omit “hearing of a proceeding”, substitute “conduct of a
review”.
536 Paragraph 16(9)(b)
Omit “paragraph 35(2)(b) or (c) of the Administrative Appeals
Tribunal Act 1975”, substitute “paragraph 100(4)(b) of the
Administrative Review Tribunal Act 2000”.
Swimming Pools Tax Refund
Act 1992
537 After subsection 4(7)
Insert:
(7A) The decision must be reviewed in the Taxation Division of the
Tribunal.
538 Subparagraph
557(1)(b)(ii)
Omit “section 28”, substitute
“section 57”.
539 Paragraph 561(1)(b)
Omit “section 28”, substitute
“section 57”.
Telecommunications
(Interception) Act 1979
540 Subsection 5(1) (definition of nominated
AAT member)
Repeal the definition.
541 Subsection 5(1)
Insert:
nominated ART member means a member of the
Administrative Review Tribunal in respect of whom a nomination is in force under
section 6DA to issue warrants under Part VI.
542 Subsection 6DA(1)
Repeal the subsection, substitute:
(1) The Minister may, by writing, nominate a person who is a member of the
Administrative Review Tribunal to issue warrants under Part VI.
Note: The heading to section 6DA is altered by omitting
“AAT” and substituting
“ART”.
543 Subsection 6DA(2)
Repeal the subsection, substitute:
(2) However, the Minister must not nominate a person under
subsection (1) unless the person:
(a) is enrolled as a legal practitioner of the High Court, of another
federal court or of the Supreme Court of a State or of the Australian Capital
Territory; and
(b) has been so enrolled for not less than 5 years.
544 Paragraph 6DA(3)(a)
Repeal the paragraph, substitute:
(a) the person ceases to be a member of the Administrative Review
Tribunal; or
545 Subsection 6DA(4)
Omit “nominated AAT member”, substitute “nominated ART
member”.
546 Section 6H
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
547 Subsection 7(7)
Omit “nominated AAT member”, substitute “nominated ART
member”.
548 Subsection 39(1)
Omit “nominated AAT member”, substitute “nominated ART
member”.
549 Section 43
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
550 Subsection 44(1)
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
551 Paragraph 44(2)(b)
Omit “nominated AAT member”, substitute “nominated ART
member”.
552 Section 45
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
553 Section 45A
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
554 Subsection 46(1)
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
555 Subsection 46(2)
Omit “nominated AAT member”, substitute “nominated ART
member”.
556 Section 46A
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
557 Paragraphs 48(3)(a), (b) and
(c)
Omit “nominated AAT member”, substitute “nominated ART
member”.
558 Paragraph 48(3)(d)
Omit “nominated AAT member” (wherever occurring), substitute
“nominated ART member”.
559 Subsection 48(4)
Omit “nominated AAT member”, substitute “nominated ART
member”.
560 Subsection 48(5)
Omit “nominated AAT member issues”, substitute “nominated
ART member issues”.
561 Paragraph 48(5)(b)
Omit “nominated AAT member”, substitute “nominated ART
member”.
562 Subsections 49(1), (4) and
(7)
Omit “nominated AAT member”, substitute “nominated ART
member”.
563 Subsections 50(1) and
(2)
Omit “nominated AAT member”, substitute “nominated ART
member”.
564 Subsections 51(2) and
(3)
Omit “nominated AAT member”, substitute “nominated ART
member”.
565 Subsection 52(1)
Omit “nominated AAT member”, substitute “nominated ART
member”.
Note: The heading to section 52 is altered by omitting
“AAT” and substituting
“ART”.
566 Paragraphs 53(2)(a), (b) and
(c)
Omit “nominated AAT member”, substitute “nominated ART
member”.
567 Paragraphs 81A(2)(b) and
(g)
Omit “nominated AAT member”, substitute “nominated ART
member”.
568 Paragraphs 81C(2)(b) and
(g)
Omit “nominated AAT member”, substitute “nominated ART
member”.
569 Paragraph 94A(3)(e)
Omit “nominated AAT member”, substitute “nominated ART
member”.
570 Paragraph 103(ab)
Omit “AAT” (wherever occurring), substitute
“ART”.
Textile, Clothing and
Footwear Strategic Investment Program Act 1999
571 Subsection 22(4)
Omit “section 41 of the Administrative Appeals Tribunal Act
1975”, substitute “section 121 of the Administrative
Review Tribunal Act 2000”.
572 Subsection 22(7)
Repeal the subsection.
573 Subsection 60(5)
Omit “subsection 28(4) of the Administrative Appeals Tribunal Act
1975 applies, apply for a statement setting out the reasons for the decision
on reconsideration and may, subject to that Act, make an application to the
Administrative Appeals Tribunal”, substitute “subsection 57(3) of
the Administrative Review Tribunal Act 2000 applies, apply for a
statement setting out the reasons for the decision on reconsideration and may,
subject to that Act, make an application to the Administrative Review
Tribunal”.
574 After subsection 60A(7)
Insert:
(7A) This section applies despite section 124 of the
Administrative Review Tribunal Act 2000.
575 Paragraph 10.85(1)(b)
Omit “Administrative Appeals Tribunal for review of a decision may,
under section 28 of that Act”, substitute “Administrative
Review Tribunal for review of a decision may, under section 57 of that
Act”.
576 Subsection 10.85(2)
Omit “subsection 28(4) of the Administrative Appeals Tribunal Act
1975”, substitute “subsection 57(3) of the Administrative
Review Tribunal Act 2000”.
Tradesmen’s Rights
Regulation Act 1946
577 Paragraph 51A(9)(b)
Omit “unless subsection 28(4) of that Act applies, application may be
made in accordance with section 28”, substitute “unless
subsection 57(3) of that Act applies, application may be made in accordance with
section 57.
578 Section 40 (note)
Repeal the note, substitute:
Note: Under section 56 of the Administrative Review
Tribunal Act 2000, the Secretary must take such steps as are reasonable in
the circumstances to give to any person whose interests are affected by the
decision, in writing or otherwise, notice of:
(a) the making of the decision; and
(b) the person’s right to have the decision
reviewed.
In notifying any such person, the Secretary must have
regard to any guidelines issued under subsection (3) of that
section.
Trans-Tasman Mutual
Recognition Act 1997
579 Subsection 30(3)
Omit “Registrar or other proper officer”, substitute
“Chief Executive Officer”.
580 Paragraph 33(3)(b)
Omit “subsection 28(4) of that Act applies, application may be made
in accordance with section 28”, substitute “subsection 57(3) of
that Act applies, application may be made in accordance with
section 57”.
581 Subsection 35(3)
Omit “paragraph 20(1A)(b) of the Administrative Appeals Tribunal
Act 1975”, substitute “section 69 of the Administrative
Review Tribunal Act 2000”.
582 Subsection 35(5)
Omit “Part III, IIIA, IV or VI of the Administrative Appeals
Tribunal Act 1975”, substitute “any of Parts 3 to 10 of the
Administrative Review Tribunal Act 2000”.
1 Section 35
Insert:
ART Act means the Administrative Review Tribunal Act
2000.
2 Section 35
Insert:
member has the same meaning as in the ART Act.
3 Section 35
Insert:
President has the same meaning as in the ART Act.
4 Section 35 (definition of
Tribunal)
Omit “Appeals”, substitute “Review”.
5 Paragraph 38(2)(b)
Repeal the paragraph, substitute:
(b) the disclosure to a person of information consisting of:
(i) the statement of grounds contained in a security assessment in respect
of the person; or
(ii) a particular part of that statement;
would be contrary to the public interest because it would prejudice
security.
6 After section 38
Insert:
Subdivision B of Division 1 of Part 4 of the ART Act does not
apply to the making of an adverse or qualified security assessment.
7 Subsection 54(2)
Repeal the subsection, substitute:
(2) The assessment must be reviewed in the Commercial and General Division
of the Tribunal, which for that purpose is to be called the Security Appeals
Division.
8 After section 54
Insert:
(1) The application of the ART Act in relation to the review is subject to
the modifications set out in Schedule 1.
(2) Any expression used in those modifications that is defined in this Act
has the same meaning in those modifications as it does in this Act.
9 Subsection 65(3)
Omit “Sections 43 and 43AAA of the Administrative Appeals
Tribunal Act 1975”, substitute “Division 2 of Part 8
of the ART Act”.
1 At the end of the Act
Add:
Schedule 1—Modified
application of Administrative Review Tribunal Act in relation to review of
decisions
Note: This Schedule sets out modifications of the
Administrative Review Tribunal Act 2000 that, in accordance with
section 54A of this Act, are to be made for the purposes of the review
mentioned in that section.
1 Subdivision B of Division 1 of
Part 4
Repeal the Subdivision.
2 Section 61
Repeal the section, substitute:
If a person in respect of whom the security assessment was made is given
notice of the assessment under section 38 of the Australian Security
Intelligence Organisation Act 1979, the person may apply to the Tribunal for
a review of the decision concerned.
3 Section 63
Repeal the section, substitute:
If the Tribunal makes a first-tier decision, the applicant in relation to
the first-tier review that resulted in that decision may apply to the Tribunal
for leave to have the Tribunal review that decision.
4 Section 69
Repeal the section, substitute:
(1) Subject to this section, the President must direct that 3 members are
to constitute the Tribunal for the purpose of conducting the review.
(2) Only the President, executive members and senior members can
constitute the Tribunal.
(3) The members must be persons assigned or appointed to the Security
Appeals Division, except in the case of a member who is the President.
(4) None of the members must be, or have been, the Director-General of
Security or an officer, employee or agent of the Australian Security
Intelligence Organisation.
(5) At least one of the members must:
(a) if the matter to which the assessment related concerns employment or
proposed employment in the Australian Public Service—be a former employee
of that Service; or
(b) if the matter to which the assessment related concerns service or
proposed service in the Defence Force—be a former member of that Force;
or
(c) if the matter to which the assessment related concerns the
Australian Citizenship Act 1948, the Migration Act 1958 or the
Passports Act 1938—be a person with knowledge of, or experience in
relation to, the needs and concerns of people who are or have been immigrants;
or
(d) if the matter to which the assessment related concerns employment
under Commonwealth contractors—be a person with experience in relation to
such employment; or
(e) in any other case—be a person with knowledge of, or experience
in relation to, matters of the kind to which the assessment related.
(6) If, before the review has been completed, one of the members has
ceased to be available:
(a) the members are to stop conducting the review, and the President is to
give a direction under subsection (1) to members to constitute the Tribunal
for the purpose of conducting another review of the adverse or qualified
security assessment; and
(b) the members so directed may have regard to:
(i) any record of the earlier review (including of any evidence given);
and
(ii) any document relating to the review held by the members conducting
that earlier review.
5 Sections 76 to 82
Repeal the sections, substitute:
The Tribunal must give a copy of the application, and of the statement
lodged with the application, to the Director-General of Security and to the
Commonwealth agency to which the assessment was given.
(1) If the Attorney-General has given a certificate in accordance with
paragraph 38(2)(b) of the Australian Security Intelligence Organisation
Act 1979, the Director-General of Security must, within 30 days after
receiving notice of the application, give the Tribunal a copy of the
certificate, together with a copy of the whole of the assessment.
(2) The Tribunal must not, at any time, tell the applicant of the
existence of, or permit the applicant to have access to, any copy or particulars
of the certificate or any matter to which the certificate relates.
Note: Section 101 deals with the effect of the
certificate on the disclosure of information for the purposes of the
review.
The Director-General of Security must give the Tribunal all relevant
information available to the Director-General, whether favourable or
unfavourable to the applicant.
6 Section 84
Repeal the section, substitute:
The participants in the review are the Director-General of Security and
the applicant.
7 Sections 85 to 87
Repeal the sections.
8 After section 93
Insert:
The member who presides may, at any time, require either or both of the
participants to appear or be represented before the member for the purpose of
conferring with the member with a view to identifying the matters in issue in
the review or otherwise facilitating the conduct of the review.
9 After section 94
Insert:
(1) The Tribunal must first hear evidence given, and submissions made, by
or on behalf of the Director-General of Security and any evidence or submissions
that the Commonwealth agency to which the assessment was given may wish to give
or make.
(2) The Tribunal must next permit the applicant, if he or she wishes to do
so, to give evidence and make submissions to the Tribunal.
(3) The Tribunal may, on its own initiative, at any stage in the review
invite a person to give evidence, or cause a person to be summoned to give
evidence.
(4) A member of the Tribunal may ask questions of a person giving evidence
before the Tribunal, and the member presiding may require a person giving
evidence to answer any such question.
(5) If:
(a) a participant presents his or her case to the Tribunal; and
(b) after the participant does so, the other participant gives evidence;
and
(c) the Tribunal thinks that, because of evidence given by the other
participant, the first participant should be given an opportunity of giving
further evidence;
the Tribunal must give the first participant that opportunity, but must not
give the applicant any particulars of any evidence to which a certificate given
under subsection 100(4) relates.
10 Section 100
Repeal the section, substitute:
(1) The review is to be in private and, subject to this section, the
Tribunal is to determine the people who may be present at any time.
(2) Subject to subsection (5), the applicant and a person
representing the applicant may be present when the Tribunal is hearing
submissions made or evidence given by the Director-General of Security or the
Commonwealth agency to which the assessment was given.
(3) The Director-General of Security or a person representing the
Director-General, and a person representing the Commonwealth agency to which the
assessment was given, may be present when the Tribunal is hearing submissions
made or evidence given by the applicant.
(4) The Minister administering the Australian Security Intelligence
Organisation Act 1979 may, in writing signed by the Minister, certify
that evidence proposed to be given or submissions proposed to be made:
(a) by an officer or employee of the Australian Security Intelligence
Organisation, or by or on behalf of the Director-General of Security;
or
(b) by an officer or employee of, or otherwise by or on behalf of, the
Commonwealth agency to which the assessment was given;
are of such a nature that the disclosure of the evidence or submissions
would be contrary to the public interest because it would prejudice security or
the defence of Australia.
(5) If such a certificate is given:
(a) the applicant must not be present when the evidence is given or the
submissions are made; and
(b) a person representing the applicant must not be present when the
evidence is given or the submissions are made unless the Minister
consents.
(6) If a person representing the applicant is present when evidence to
which a certificate given under subsection (4) relates is given or
submissions to which such a certificate relates are made, the representative
must not disclose any such evidence or submission to the applicant or to any
other person.
Penalty: Imprisonment for 2 years.
Note: Subsection 4B(2) of the Crimes Act 1914 allows
a court to impose an appropriate fine instead of, or in addition to, a term of
imprisonment.
(7) If the Director-General of Security so requests, the Tribunal must do
all things necessary to ensure that the identity of a person giving evidence on
behalf of the Director-General of Security is not revealed.
The Tribunal may give directions prohibiting or restricting the
publication of:
(a) the names and addresses of participants before the Tribunal, or
persons giving evidence before the Tribunal; or
(b) statements made to the Tribunal; or
(c) evidence given to the Tribunal; or
(d) matters contained in documents given to the Tribunal; or
(e) the nature of other things given to the Tribunal; or
(f) the whole or any part of the Tribunal’s decision under
section 133 on the review; or
(g) the whole or any part of the Tribunal’s findings in relation to
the review.
11 Section 101
Repeal the section, substitute:
(1) This section applies if the Attorney-General:
(a) certifies in accordance with paragraph 38(2)(b) of the Australian
Security Intelligence Organisation Act 1979 that the disclosure of
information would be contrary to the public interest because it would prejudice
security; or
(b) certifies, in writing signed by the Attorney-General, that the
disclosure of specified information, or the disclosure of any matter contained
in a specified document, for the purposes of the review would be contrary to the
public interest for any of the reasons set out in subsection (2).
(2) The reasons are:
(a) the disclosure would prejudice security or the defence or
international relations of Australia; or
(b) the disclosure would involve the disclosure of deliberations or
decisions of the Cabinet or a Committee of the Cabinet or of the Executive
Council; or
(c) any other reason that could form the basis for a claim by the Crown in
right of the Commonwealth in a judicial proceeding that the information or the
matter should not be disclosed.
(3) If this section applies, a person is not excused from disclosing the
information, or giving the document, to the Tribunal for the purposes of the
review if the person is required by or under this Act to do so.
(4) However, the Tribunal must, subject to subsections (5), (6) and
(8) and section 173, do all things necessary to ensure:
(a) that the information, or the matter contained in the document, is not
disclosed to any person other than a member of the Tribunal as constituted for
the purposes of the review; and
(b) in the case of a document given to the Tribunal—that the
document is returned to the person who gave it to the Tribunal.
(5) Subsection (4) does not apply in relation to disclosure to the
Director-General of Security or his or her representative if:
(a) paragraph (1)(a) applies; or
(b) paragraph (1)(b) applies and the reason stated in the certificate
is that mentioned in paragraph (2)(a).
(6) If:
(a) paragraph (1)(b) applies and the certificate does not state a
reason mentioned in paragraph (2)(a) or (b); and
(b) the member presiding is satisfied that the interests of justice
outweigh the reason stated by the Attorney-General;
the member may authorise the disclosure of the information, or of the
contents of the document to, the applicant.
(7) The member presiding must, in considering whether information or
matter contained in a document should be disclosed as mentioned in
subsection (6):
(a) take as the basis of his or her consideration the principle that it is
desirable, in the interest of ensuring the effective performance of the
Tribunal’s functions, for the participants in the review to be made aware
of all relevant matters; and
(b) have due regard to any reason specified in the certificate.
(8) This section does not prevent the disclosure of information or of
matter contained in a document to a member of the Tribunal’s staff in the
course of the performance of his or her duties as a member of the
Tribunal’s staff.
(9) This section excludes the operation, apart from this section, of any
rules of law relating to the public interest that would otherwise apply in
relation to the disclosure of information or of matter contained in documents in
the review.
(10) If the Attorney-General has given a certificate under
subsection (1) in respect of a document, this section applies in relation
to a document that is a copy of the first-mentioned document as if the copy were
the original document.
(11) It is the duty of the Tribunal, even though there may be no relevant
certificate under this section, to ensure, so far as it is able to do so, that,
in or in connection with a proceeding, information is not communicated or made
available to a person contrary to the requirements of security.
12 Sections 102, 103 and
104
Repeal the sections.
13 Section 129
Repeal the section, substitute:
If the applicant fails, without reasonable excuse, to comply with any
practice and procedure direction or with any direction given or obligation
imposed by the Tribunal in conducting the review, the Tribunal may end the
review.
14 Before section 133
Insert:
(1) At the end of the review, the Tribunal must make and record its
findings, and those findings may state the opinion of the Tribunal as to the
correctness of, or justification for, any opinion, advice or information
contained in the security assessment.
(2) The Tribunal must not make findings in relation to an assessment that
would, under section 61 of the Australian Security Intelligence
Organisation Act 1979, have the effect of superseding any information that
is, under subsection 37(2) of that Act, taken to be part of the assessment
unless those findings state that, in the Tribunal’s opinion:
(a) the information is incorrect; or
(b) the information is incorrectly represented; or
(c) the information could not reasonably be relevant to the requirements
of security.
(3) Subject to subsection (4), the Tribunal must cause copies of its
findings to be given to:
(a) the applicant; and
(b) the Director-General of Security; and
(c) the Commonwealth agency to which the assessment was given;
and
(d) the Attorney-General.
(4) The Tribunal may direct that the whole or a particular part of its
findings, so far as they relate to a matter that has not already been disclosed
to the applicant, is not to be given to the applicant or is not to be given to
the Commonwealth agency to which the assessment was given.
(5) Subject to any direction by the Tribunal, the applicant is entitled to
publish, in any manner that he or she thinks fit, the findings of the Tribunal
so far as they have been given to him or her.
(6) The Tribunal may attach, to a copy of findings to be given to the
Director-General under this section, any comments the Tribunal wishes to make on
matters relating to practices or procedures of the Australian Security
Intelligence Organisation that have come to the Tribunal’s attention as a
result of a review.
(7) The Tribunal must give the Minister administering the Australian
Security Intelligence Organisation Act 1979 a copy of any such
comments.
(8) The remaining provisions of this Division have effect subject to this
section.
15 After section 141
Insert:
(1) In addition to complying with the requirements of section 141, an
application for first-tier review must be accompanied by:
(a) a copy of the assessment as given to the applicant; and
(b) a statement indicating any part or parts of the assessment with which
the applicant does not agree and setting out the grounds on which the
application is made.
(2) In addition to complying with the requirements of section 141, an
application for second-tier review must be accompanied by a statement setting
out the grounds on which the application is made.
16 Section 148
Repeal the section.
17 Subsection 151(2)
Omit “(3) to (7)”, substitute “(3) and
(7)”.
18 Subsections 151(3) to
(6)
Repeal the subsections, substitute:
(3) This subsection applies if a certificate under paragraph 38(2)(b) of
the Australian Security Intelligence Organisation Act 1979 is in force
certifying that the disclosure of information concerning the matter to which the
evidence would relate, or concerning matters contained in the document, would be
contrary to the public interest.
19 Paragraph 151(7)(a)
Omit “or (3), as the case may be”.
20 Paragraphs 151(7)(b) and
(c)
Omit “or (3)(a)”.
21 After section 156
Insert:
(1) If:
(a) the applicant was, in the opinion of the Tribunal, successful, or
substantially successful, in the review; and
(b) the Tribunal is satisfied that it is appropriate to do so in all the
circumstances of the case;
the Tribunal may order that the costs reasonably incurred by the applicant
in connection with the review, or any part of those costs that is determined by
the Tribunal, be paid by the Commonwealth.
(2) For the purposes of section 156, the Commonwealth is taken to be
a participant in the review.
22 Subsection 173(2)
Omit “101(5)”, substitute “101(4)”.
23 Subsection 173(5)
After “101(1)”, insert “, or under paragraph 38(2)(b) of
the Australian Security Intelligence Organisation Act
1979,”.
1 Section 2 (definition of Small
Taxation Claims Tribunal)
Repeal the definition.
2 Section 2 (definition of
Tribunal)
Repeal the definition, substitute:
Tribunal means the Administrative Review Tribunal.
3 Subsection 14Y(2)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
4 Section 14ZQ (definition of
AAT)
Repeal the definition.
5 Section 14ZQ (definition of AAT
Act)
Repeal the definition.
6 Section 14ZQ (definition of AAT
extension application)
Repeal the definition.
7 Section 14ZQ
Insert:
ART Act means the Administrative Review Tribunal Act
2000.
8 Section 14ZQ
Insert:
ART extension application means an application under
subsection 142(2) of the ART Act that relates to a review of a reviewable
objection decision or an extension of time refusal decision.
9 At the end of
section 14ZX
Add:
(5) The decision must be reviewed in the Taxation Division of the
Tribunal.
10 At the end of
section 14ZZ
Add:
(2) If, in a case to which paragraph (1)(a) applies:
(a) a person applies to the Tribunal for review of the decision;
and
(b) in accordance with section 127 of the ART Act, the person ends
the review; and
(c) all of the other participants in the review at the time agreed in
writing that the person should end the review for the purpose of the person
appealing to the Federal Court against the decision;
the person may appeal to the Federal Court against the decision.
(3) In the case of any application to the Tribunal for review of the
decision, the decision must be reviewed in the Taxation Division of the
Tribunal.
11 Division 4 of Part IVC
(heading)
Repeal the heading, substitute:
12 Sections 14ZZA to
14ZZJ
Repeal the sections, substitute:
Paragraph 56(1)(b) of the ART Act does not apply if the original decision
mentioned in that paragraph is a reviewable objection decision.
(1) The application of the ART Act is subject to the modifications set out
in Schedule 2 to this Act in relation to:
(a) applications for review of reviewable objection decisions;
and
(b) applications for review of extension of time refusal decisions;
and
(c) ART extension applications.
(2) The following table sets out which modifications in the Schedule
apply:
Modifications of ART Act in Schedule 2 |
||
---|---|---|
|
the modifications in... |
apply in the case of... |
1 |
Part 1 of the Schedule |
applications for review of reviewable objection decisions and applications
for review of extension of time refusal decisions |
2 |
Part 2 of the Schedule |
applications for review of reviewable objection decisions |
3 |
Part 3 of the Schedule |
applications for review of extension of time refusal decisions |
4 |
Part 4 of the Schedule |
ART extension applications |
13 Section 14ZZM
Omit “(other than a registration-type sales tax
decision)”.
14 Section 14ZZN
Repeal the section, substitute:
(1) Subject to subsection (2), an appeal to the Federal Court against
an appealable objection decision must be lodged with the Court:
(a) if paragraph (b) does not apply—within 60 days after the
person appealing is served with notice of the decision; or
(b) if the appeal is made in a case to which subsection 14ZZ(2)
applies—within 7 days after the day on which, as mentioned in paragraph
14ZZ(2)(b), the person ends the review by the Tribunal of the
decision.
(2) If the person does not lodge the appeal within the period applicable
under subsection (1), the person can still lodge the appeal if the Federal
Court decides, on application by the person, that it is reasonable in all the
circumstances for the person to do so.
(3) An application under subsection (2) may be made even after the
end of the period applicable under subsection (1).
15 Subparagraph
68(3)(c)(iv)
Omit “Administrative Appeals Tribunal”, substitute
“Tribunal”.
1 At the end of the Act
Add:
Schedule 2—Modified
application of Administrative Review Tribunal Act in relation to applications
for review of certain decisions etc.
Note: This Schedule sets out modifications of the
Administrative Review Tribunal Act 2000 that, in accordance with
section 14ZZB of this Act, are to be made for the purposes of the
applications mentioned in that section.
Part 1—Modified
application of Administrative Review Tribunal Act in relation to applications
for review of reviewable objection decisions and extension of time refusal
decisions
1 After section 68
Insert:
(1) In the case of a first-tier review, as soon as practicable after a
direction under section 68 takes effect, the President must decide whether
the small claims criteria (see subsection (3)) are satisfied. The decision
cannot later be changed or replaced in any way by the President.
(2) If:
(a) the criteria are satisfied; and
(b) in the case of the review of a reviewable objection
decision—before the review begins, the applicant gives the Tribunal
written notice that the applicant wants the review to be conducted in the Small
Taxation Claims Tribunal;
the Tribunal, when conducting the review, is to be called the Small
Taxation Claims Tribunal.
(3) The small claims criteria are satisfied if:
(a) the decision is a reviewable objection decision and the following
apply:
(i) the objection concerned involves a dispute about an amount of not more
than $15,000 or does not involve a dispute about any amount; and
(ii) the review of the decision is likely to be able to be conducted
relatively quickly or easily, and does not raise an issue, or principle, of
general significance; or
(b) the decision is an extension of time refusal decision.
(4) If:
(a) the dispute is over an amount (the basic amount) that is
relevant to working out a liability (whether or not the liability is in the
Commissioner’s favour); and
(b) the difference that resolving the dispute in the applicant’s
favour would make to that liability is reasonably ascertainable;
then the test in subparagraph (3)(a)(i) applies to that difference,
rather than to the basic amount.
(5) Otherwise, the test applies to the basic amount.
Example 1: A dispute is about whether the applicant was
entitled to a deduction of $20,000 under the income tax law. Assume that, if the
deduction were allowed, the applicant’s liability to pay income tax for
the year would be $8,000 lower. Because that $8,000 amount is ascertainable,
that is the amount that is tested against the $15,000 threshold in
subparagraph (3)(a)(i), rather than the basic amount of
$20,000.
Example 2: But now assume instead that, because of other
deductions, the applicant will have a tax loss for the year regardless of the
outcome of the dispute. The amount of that loss might one day affect the
applicant’s liability to pay income tax, but the amount of that effect is
not yet ascertainable. Therefore, the test in subparagraph (3)(a)(i)
applies to the basic amount of $20,000.
If:
(a) the Tribunal is to review or is reviewing, as the Small Taxation
Claims Tribunal, one or more decisions in respect of applications made by the
same applicant; and
(b) the Tribunal is to review or is reviewing, not as the Small Taxation
Claims Tribunal, another decision in respect of an application made by the same
applicant; and
(c) the President is of the opinion that it may be convenient for the
Tribunal to review all the decisions together;
then:
(d) the Tribunal is to review, not as the Small Taxation Claims Tribunal,
all the decisions together; and
(e) the President must refund to the applicant any fees the applicant paid
in respect of the applications mentioned in paragraph (a).
2 Subsection 69(1)
Repeal the subsection, substitute:
(1) Subject to this section:
(a) if the Tribunal is to review the decision as the Small Taxation Claims
Tribunal—the President must direct that a single member, who is not the
President, is to constitute the Tribunal for the purpose of conducting the
review; or
(b) in any other case—the President must direct that a single
member, 2 members or 3 members are to constitute the Tribunal for the purpose of
conducting the review.
3 At the end of paragraph
84(1)(d)
Add:
; and (iv) the applicant agrees to the person becoming a participant in
the review.
4 At the end of
section 100
Add:
Review in private
(6) Except where the Tribunal is, in accordance with subsection 68A(2), to
be called the Small Taxation Claims Tribunal when reviewing the decision, the
review is, despite this section, to be in private if the applicant so
requests.
5 Subsection 124(4)
Omit “28 days”, substitute “60 days”.
6 Subsection 125(3)
Omit “28 days”, substitute “60 days”.
7 At the end of
section 136
Add:
(7) Also, if:
(a) any part of the review was conducted in private; and
(b) by the time the Tribunal is to publish its reasons for the decision,
no appeal has been made to the Federal Court under section 167 from the
Tribunal’s decision;
the Tribunal must ensure, as far as practicable, that the version of the
decision and reasons that is published is not such as to enable the applicant to
be identified.
8 After subsection 161(3)
Insert:
(3A) To avoid doubt, the directions may make different provision in
relation to the review of decisions by the Tribunal when, in accordance with
subsection 68A(2), it is called the Taxation Small Claims Tribunal, than in
relation to the review of other decisions by the Tribunal within the Taxation
Division.
9 After subsection 172(1)
Insert:
(1A) If the Tribunal in reviewing the decision is, in accordance with
subsection 68A(2), to be called the Small Taxation Claims Tribunal, it must, in
deciding whether to refer a question of law under subsection (1) of this
section, take into account the interests of the applicant.
10 After paragraph
194(2)(b)
Insert:
(ba) to ensure that the correct fee for an application for review of a
decision is paid if, after a fee for the application is paid, it is determined
whether the Tribunal is to review the decision as the Small Taxation Claims
Tribunal (see section 68A) and that determination results in a different
fee applying to the application; and
Part 2—Modification of
Administrative Review Tribunal Act in relation to applications for review of
reviewable objection decisions
11 Sections 57, 58, 59, 60 and
61
Repeal the sections.
12 Before paragraph
77(1)(b)
Insert:
(aa) the notice of the decision given under subsection 14ZY(3) of the
Taxation Administration Act 1953; and
(ab) the taxation objection (within the meaning of section 14ZL of
the Taxation Administration Act 1953) concerned; and
(ac) the notice of the objection decision (within the meaning of
section 14ZQ of that Act) concerned; and
13 Paragraph 77(1)(b)
Omit “relevant”, substitute “considered by the
decision-maker to be necessary”.
14 After section 79
Insert:
(1) The Tribunal may give the decision-maker a notice in writing requiring
the decision-maker to give the Tribunal, within a specified period, a list of
documents, in the decision-maker’s possession or under the
decision-maker’s control, that the decision-maker considers relevant to
the review of the decision by the Tribunal.
(2) The decision-maker must comply with the requirement.
(3) The giving of a notice under this section does not prevent the
Tribunal from later giving a notice under section 79 in relation to any
document.
15 Subsection 82(2)
Omit “paragraph 77(1)(b), subsection 79(2)”, substitute
“paragraph 77(1)(aa), (ab), (ac) or (b), subsection 79(2) or
79A(2)”.
16 Section 121
Repeal the section.
17 After subsection 141(2)
Insert:
(2A) The application must also set out a statement of the reasons for the
application.
18 Section 171
Repeal the section.
Part 3—Modification of
Administrative Review Tribunal Act in relation to applications for review of
extension of time refusal decisions
19 Sections 61 and 121
Repeal the sections.
Part 4—Modification of
Administrative Review Tribunal Act in relation to ART extension
applications
20 After subsection 142(2)
Insert:
(2A) The Tribunal’s consideration of the application is to be in
private if the applicant so requests.
21 At the end of
section 142
Add:
(4) If:
(a) the Tribunal’s consideration of the application was conducted in
private; and
(b) the Tribunal decides to publish its decision on the application, the
reasons for the decision, or both;
the Tribunal must ensure, as far as practicable, that the version of what
is published is not such as to enable the applicant to be
identified.
1 Paragraphs 13(8)(a) and
(b)
Omit “or the Administrative Appeals Tribunal”, substitute
“, the Administrative Appeals Tribunal or the Administrative Review
Tribunal”.
2 Subsection 18(2)
Omit “Administrative Appeals Tribunal” (wherever occurring),
substitute “Administrative Review Tribunal”.
3 Subsection 29(4)
Omit “Administrative Appeals Tribunal” (wherever occurring),
substitute “Administrative Review Tribunal”.
4 Subsection 31(2)
Omit “Administrative Appeals Tribunal” (wherever occurring),
substitute “Administrative Review Tribunal”.
5 Paragraph 31(6)(a)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
6 Subsections 31(6B), (10), (11) and
(12)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
7 Section 35J (note)
Omit “subsection 43(6) of the Administrative Appeals Tribunal Act
1975”, substitute “section 134 of the Administrative
Review Tribunal Act 2000”.
8 Paragraph 54(1)(b)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
9 Paragraph 54A(1)(b)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
10 Subsection 54AA(3)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
11 Paragraph 57E(1)(c)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
12 Paragraphs 70(11)(a) and
(b)
Omit “or the Administrative Appeals Tribunal”, substitute
“, the Administrative Appeals Tribunal or the Administrative Review
Tribunal”.
13 Paragraph 79W(1)(c)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
14 Paragraph 118ZX(1)(c)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
15 Paragraph 127(1)(b)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
16 Subsections 132(7) and
(8)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
17 Paragraph 140(1)(d)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
18 Subsection 154(1)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
19 Section 155A
Repeal the section, substitute:
(1) If:
(a) application may be made to the Administrative Review Tribunal under
subsection 175(1A) for the review of a decision of the Principal Member;
and
(b) written notice of the decision is given to a person whose interests
are affected by the decision;
the notice must:
(c) include a statement to the effect that, if the person is dissatisfied
with the decision, application may, subject to the Administrative Review
Tribunal Act 2000, be made to the Administrative Review Tribunal for review
of the decision; and
(d) except where subsection 57(3) of that Act applies, also include a
statement to the effect that the person may request a statement under
section 57 of that Act.
(2) A failure to comply with subsection (1) does not affect the
validity of the decision.
20 Part X (heading)
Repeal the heading, substitute:
21 Subsection 174(1)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
22 Subsection 175(1)
Omit “then, subject to section 29 of the Administrative
Appeals Tribunal Act 1975, application may be made to the Administrative
Appeals Tribunal”, substitute “application may be made to the
Administrative Review Tribunal, in accordance with the Administrative Review
Tribunal Act 2000,”.
23 After subsection 175(1)
Insert:
(1A) Application may be made to the Administrative Review Tribunal, in
accordance with the Administrative Review Tribunal Act 2000, for
review of the following decisions of the Principal Member of the
Board:
(a) the decision to dismiss an application under subsection 155AA(5) or
155AB(5);
(b) the decision under paragraph 155AA(6)(b) or 155AB(6)(b) that an
applicant has provided a reasonable explanation for the applicant’s
failure to be ready to proceed at a hearing;
(c) the decision under paragraph 155AA(7)(b) or 155AB(7)(b) that an
applicant has provided no reasonable explanation for the applicant’s
failure to be ready to proceed at a hearing.
24 Subsections 175(2), (2AAA), (2AA) and
(2A)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
25 Subsection 175(2A)
Omit “section 29 of the Administrative Appeals
Tribunal Act 1975”, substitute “the Administrative Review
Tribunal Act 2000”.
26 Subsection 175(3)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
27 Subsection 175(4)
Omit “then, subject to section 29 of the Administrative
Appeals Tribunal Act 1975, application may be made to the Administrative
Appeals Tribunal”, substitute “application may be made to the
Administrative Review Tribunal, in accordance with the Administrative Review
Tribunal Act 2000,”.
28 Sections 176, 177 and
178
Repeal the sections, substitute:
If an application may be made to the Tribunal under section 175 for
the review of a decision, the decision is required to be reviewed in the
Veterans’ Appeals Division of the Tribunal.
Review of decisions where Board review
(1) The application of the Administrative Review Tribunal Act 2000
is subject to the modifications set out in Part 1 of Schedule 7 to
this Act in relation to applications for the review of decisions that may be
made under subsection 175(1).
Review of certain other decisions
(2) The application of the Administrative Review Tribunal Act 2000
is subject to the modifications set out in Part 2 of Schedule 7 to
this Act in relation to applications for the review of decisions that may be
made under subsection 175(2), (2AAA), (2AA) or (4).
1 At the end of the Act
Add:
Schedule 7—Modified
application of Administrative Review Tribunal Act in relation to applications
for review of decisions
Note: This Schedule sets out modifications of the
Administrative Review Tribunal Act 2000 that, in accordance with
section 177 of this Act, are to be made for the purposes of applications
mentioned in that section.
Part 1—Modified application
of Administrative Review Tribunal Act in relation to applications for review of
decisions where Board review
1 Section 6 (definition of
decision-maker)
Repeal the definition, substitute:
decision-maker, in relation to a first-tier decision, means
the person who made the decision.
2 Section 6 (definition of first-tier
decision)
Repeal the definition, substitute:
first-tier decision means a decision in respect of which an
application for review may be made under subsection 175(1) of the
Veterans’ Entitlements Act 1986.
3 Section 6 (definition of first-tier
review)
Repeal the definition, substitute:
first-tier review means the review by the Board, under the
Veterans’ Entitlements Act 1986, that resulted in a first-tier
decision.
4 Section 6 (definition of original
decision)
Repeal the definition.
5 Subsection 4(5) (second
sentence)
Repeal the sentence, substitute “Parts 4 to 9 provide for the
Tribunal to conduct a second-tier review of decisions where there has been
review by the Veterans’ Review Board.”.
6 Section 5
Repeal the section.
7 At the end of
section 6
Add:
(2) An expression that is used in this Act that is also used in the
Veterans’ Entitlements Act 1986 has the same meaning as in that
Act.
8 Division 1 of Part 4
(heading)
Repeal the heading, substitute:
9 Subdivision A of Division 1 of
Part 4
Repeal the Subdivision.
10 Subdivision B of Division 1 of
Part 4 (heading)
Repeal the heading.
11 Paragraph 56(1)(a)
Omit “an original decision”, substitute “a first-tier
decision”.
12 Subparagraph 56(1)(b)(i)
Omit “an original decision”, substitute “a first-tier
decision”.
13 Paragraphs 56(2)(b) and
(c)
Omit “an original decision”, substitute “a first-tier
decision”.
14 Subsection 57(1)
Omit “an original decision”, substitute “a first-tier
decision”.
Note: The heading to section 57 is altered by omitting
“original decision” and substituting “first-tier
decision”.
15 At the end of
section 57
Add:
(6) This section does not apply to or in relation to a person whose
interests are affected by a first-tier decision:
(a) in the case of a decision of a kind referred to in paragraph 175(1)(a)
or (c)—if the person has been served with a copy of that decision and with
the statement related to that decision in accordance with section 34 or 140
of the Veterans’ Entitlements Act 1986; or
(b) in the case of a decision of a kind referred to in paragraph 175(1)(b)
of the Veterans’ Entitlements Act 1986—if the person has been
served with:
(i) copies of the decision made by the Commission; and
(ii) the decision made by the Board varying that decision made by the
Commission; and
(iii) the respective statements related to those decisions, in accordance
with section 34 or 140 of the Veterans’ Entitlements Act
1986.
16 Paragraph 59(1)(a)
Omit “an original decision”, substitute “a first-tier
decision”.
17 Subsection 60(1)
Omit “an original decision” (wherever occurring), substitute
“a first-tier decision”.
18 Subsection 60(3)
Omit “first-tier review of the original decision, or a second-tier
review of a first-tier decision resulting from such a first-tier review”,
substitute “second-tier review of the decision”.
19 Subsection 60(3)
Omit “later” (second occurring).
20 Subdivisions C and D of Division 1 of
Part 4
Repeal the Subdivisions.
21 Subdivision A of Division 2 of
Part 4
Repeal the Subdivision.
22 Section 66
Repeal the section, substitute:
(1) The Commission or any person whose interests are affected by a
first-tier decision may apply to the Tribunal for a review of the
decision.
Note: For the form etc. of applications, see Division 2
of Part 9.
Applications by or on behalf of Commonwealth etc.
(2) To avoid doubt:
(a) the Commonwealth; or
(b) an authority, tribunal or other body, whether incorporated or not,
that is established by an enactment; or
(c) any other person or persons in any way connected with the
Commonwealth;
are not prevented from applying merely because of their status as
such.
23 Paragraph 67(1)(c)
Repeal the paragraph.
24 Subsection 67(1)
Omit “and subsection (2) of this section and”.
25 Subsection 67(2)
Repeal the subsection.
26 Subsection 69(4)
Repeal the subsection.
27 Section 76
Repeal the section, substitute:
The Chief Executive Officer must arrange for the decision-maker to be
given notice in writing of an application for review of a first-tier
decision.
28 Subsection 77(1)
Omit “an original”, substitute “a
first-tier”.
Note: The heading to section 77 is amended by omitting
“original” and substituting
“first-tier”.
29 Subsection 79(1)
Omit “In the case of review of either an original decision or a
first-tier decision, if”, substitute “If”.
30 Paragraphs 84(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) if the applicant is not the Commission:
(i) the applicant; and
(ii) the Commission; and
(b) if the applicant is the Commission:
(i) the Commission; and
(ii) the veteran, or dependant of a deceased veteran, whose interests are
affected by the decision; and
31 Subsections 84(2) and
(3)
Repeal the subsections.
32 Section 99
Repeal the section.
33 Subsection 110(4)
Omit all the words after “for the purposes of”, substitute
“the review.”.
34 Paragraph 119(d)
Repeal the paragraph.
35 Section 120
Repeal the section, substitute:
For the purposes of this Act, all review and appeal action has been
finalised in relation to a first-tier decision when:
(a) the period during which participants are entitled to appeal to the
Federal Court under section 167 from the second-tier decision has ended
without any such appeals being made; or
(b) one or more such appeals have been made, and the Federal Court or
Federal Magistrates Court has determined all of them.
36 Subsection 121(1)
Omit all the words from an including “Tribunal for” to and
including “does not”, substitute “Tribunal for review of a
first-tier decision does not”.
37 Subsection 121(2)
Omit “an original decision or”.
38 Subsection 121(2)
Omit “(3) or”.
39 Subsection 121(3)
Repeal the subsection.
40 Paragraph 121(4)(b)
Omit “original” (wherever occurring).
41 Subsection 121(4)
Omit “in relation to the original decision”, substitute
“in relation to the first-tier decision”.
42 Subsections 121(6) and
(7)
Omit “(3) or”.
43 Subsection 122(1)
Repeal the subsection.
44 Subparagraph
122(2)(a)(ii)
Omit “original” (wherever occurring).
45 Subsection 122(2)
Omit “in relation to the original decision”, substitute
“in relation to the decision”.
46 Subsection 122(3)
Omit “(1) or”.
47 Paragraphs 122(3)(a) and
(b)
Omit “first-tier decision or the second-tier decision mentioned in
subsection (1) or (2) of this section”, substitute
“decision”.
48 Subsection 123(1)
Repeal the subsection, substitute:
(1) Subject to subsection (2) and to sections 124 and 125,
during the review of a first-tier decision, the decision-maker must not alter
the decision otherwise than in accordance with this Part until all review and
appeal action has been finalised in relation to the first-tier
decision.
Note: The heading to section 123 is altered by omitting
“original decision during first-tier or” and substituting
“decision during”.
49 Paragraph 123(2)(a)
Omit “original”.
50 Paragraph 124(1)(b)
Repeal the paragraph, substitute:
(b) ask the decision-maker to reconsider the decision having regard to the
new information.
51 Paragraph 124(2)(a)
Omit “original”.
52 Subsections 124(3) and
(6)
Omit “original”.
53 Subsection 124(7)
Repeal the subsection, substitute:
Meaning of new information
(7) In this section:
new information means information in respect of which the
following requirements are satisfied:
(a) the decision-maker was unaware of the information, or the information
did not exist, at the time of making the decision;
(b) if the decision-maker had been aware of the information at that time,
he or she may have made it in a materially different way.
54 Subsection 125(1)
Repeal the subsection, substitute:
(1) Subject to subsection (3), the Tribunal may, at any time while it
is conducting the review of a first-tier decision, ask the decision-maker to
reconsider the decision.
55 Subsection 125(2)
Omit “original”.
56 Section 126
Repeal the section, substitute:
Variation of decision
(1) If, as mentioned in section 123, 124 or 125, the decision-maker
varies the decision:
(a) the review becomes a review of the decision as varied; and
(b) the applicant may either:
(i) proceed with that review; or
(ii) advise the Tribunal that the applicant does not wish to proceed with
the review.
Setting aside of decision and substituting a new decision
(2) If, as mentioned in section 123, 124 or 125, the decision-maker
sets a decision aside and makes a new decision in substitution for the decision
set aside:
(a) the review becomes a review of the new decision; and
(b) the applicant may either:
(i) proceed with that review; or
(ii) advise the Tribunal that the applicant does not wish to proceed with
that review.
Review to end in certain cases
(3) If:
(a) the applicant advises the Tribunal as mentioned in
subparagraph (1)(b)(ii) or (2)(b)(ii); or
(b) as mentioned in section 123, the decision-maker sets a decision
aside without making a new decision in substitution for the decision set
aside;
the review ends.
57 Division 1 of Part 8 (note after
the heading)
Omit “original”.
58 Subsection 130(1)
Omit “an original”, substitute “a
first-tier”.
59 Subsections 133(1) to
(4)
Repeal the subsections, substitute:
Powers of Tribunal in reviewing a first-tier decision
(1) For the purposes of reviewing a first-tier decision, the Tribunal may
exercise all the powers and discretions that are conferred by any relevant
enactment on the decision-maker.
Decision on review of first-tier decision
(2) The Tribunal must make a decision in writing:
(a) affirming the first-tier decision; or
(b) varying the first-tier decision; or
(c) setting aside the first-tier decision and:
(i) making a decision in substitution for the decision so set aside;
or
(ii) remitting the matter to the decision-maker for reconsideration in
accordance with any directions or recommendations of the Tribunal.
60 After section 133
Insert:
In spite of section 133, if:
(a) the Tribunal sets aside a decision under subsection 31(6) of the
Veterans’ Entitlements Act 1986 to cancel or suspend, or reduce the
rate of, a pension or attendant allowance, or a decision under subsection 31(8)
of that Act to increase the rate of a pension or attendant allowance;
and
(b) the decision is:
(i) a decision of the Commission that has been affirmed by the Board;
or
(ii) a decision of the Board that was made in substitution for a decision
of the Commission;
the Tribunal need not make another decision in substitution for the
decision so set aside.
61 Subsections 134(1) and
(2)
Repeal the subsections, substitute:
(1) If a second-tier decision:
(a) varies a first-tier decision; or
(b) sets aside a first-tier decision and makes a new decision in
substitution for the first-tier decision;
the first-tier decision as varied, or the new decision made in
substitution, is, subject to subsection (3), taken to be a decision of the
decision-maker for all purposes.
62 Subsection 134(3)
Omit “Subsections (1) and (2) do”, substitute
“Subsection (1) does”.
63 Paragraphs 135(3)(a) and
(b)
Omit “original”, substitute “first-tier”.
Note: The heading to subsection 135(3) is altered by
omitting “original”.
64 Subsection 135(3)
Omit “original decision has”, substitute “first-tier
decision has”.
65 After section 135
Insert:
Section in addition to section 135
(1) This section is in addition to, and not in substitution for,
section 135.
Date from which certain pension and attendant allowance payments to be
made
(2) If the Tribunal, on an application under subsection 175(1) of the
Veterans’ Entitlements Act 1986 for a review of:
(a) a decision of the Commission that has been affirmed or varied by a
decision of the Board; or
(b) a decision of the Board made in substitution for a decision of the
Commission;
does either of the following:
(c) grants a pension (not being a service pension or income support
supplement) or attendant allowance;
(d) increases the rate at which a pension (not being a service pension or
income support supplement) is to be paid;
the Tribunal may approve payment of the pension or of attendant allowance,
or payment of the pension at the increased rate, as the case may be from the
date set out in subsection (3).
Date for purposes of subsection (2)
(3) For the purposes of subsection (2), the date is:
(a) if the application is made within 3 months after the applicant was
given a document setting out the terms of that decision of the Board—a
date not earlier than the earliest date as from which the Board could, if it had
granted a pension or attendant allowance or increased the rate of the pension,
have approved payment of the pension or attendant allowance, or payment of the
pension at an increased rate, as the case may be; or
(b) in any other case:
(i) if the review relates to a claim in accordance with section 14 of
the Veterans’ Entitlements Act 1986—a date not more than 6
months before the date on which the application under subsection 175(1) of that
Act was made; or
(ii) if the review relates to an application in accordance with
section 15 of the Veterans’ Entitlements Act 1986, or to an
application for attendant allowance—the date on which the application
under subsection 175(1) of that Act was made.
Date from which certain Tribunal decisions about pensions and attendant
allowance to operate
(4) If, under section 133, the Tribunal varies or sets aside a
decision of a kind mentioned in section 133A, the Tribunal may fix, as the
date as from which its decision (including any decision made by it in
substitution for the decision set aside) is to operate, a date, being:
(a) if application for the review was made within 3 months after service
on the applicant of a copy of the decision of the Board—a date not earlier
than the date as from which the decision under review was to operate;
or
(b) in any other case—a date not earlier than the date on which the
application was made to the Tribunal.
Certain cancellation decisions to have effect as
suspensions
(5) If the Tribunal fixes, as the date from which its decision to set
aside a decision to cancel a pension is to have operated, a date (the
later date) after the date (the earlier date) on
which that pension was to be cancelled, the decision to cancel that pension has
effect, and is taken to have had effect, as if the decision were not a decision
to cancel the pension but were one to suspend the pension from that earlier date
until that later date.
(1) If, on a review of a decision, the decision of the Tribunal expressly,
or in effect:
(a) assesses a rate of pension or increased rate of pension; or
(b) refuses to grant a pension, on the ground that the extent of the
incapacity of the veteran was insufficient to justify the grant of such a
pension; or
(c) refuses to increase the rate of a pension; or
(d) reduces the rate of a pension;
the decision of the Tribunal is, subject to subsection (2), binding on
the participants in the review for a period of 6 months commencing on the day on
which the Tribunal makes the decision.
(2) If, during the 6 months period, the person to whom the pension is
payable, or who was refused a pension, is of the opinion that his or her
incapacity has increased, subsection (1) does not prevent:
(a) the person from making application for an increased pension or for a
pension; or
(b) the grant of increased pension or of a pension, from a date within
that period, by the Commission upon its consideration of such an application or
by the Board on a review of the decision of the Commission on such an
application.
(3) In this section, pension does not include service
pension or income support supplement.
66 Paragraph 136(1)(a)
Omit “or (4)”.
67 Subsection 139(1)
Omit “an original decision”, substitute “a first-tier
decision”.
68 After subsection 142(2)
Insert:
Maximum period for extension
(2A) However, if the application mentioned in subsection (1) is an
application for review of a first-tier decision, the time fixed under
subsection (2) must not be later than 12 months after the day on which the
document setting out the terms of the decision was given to the
applicant.
69 Paragraph 153(2)(a)
Omit “an original decision or”.
70 Subsection 159(1)
Omit “an original decision”, substitute “a first-tier
decision”.
71 Subsection 159(2)
Repeal the subsection, substitute:
Giving documents etc. to Commission
(2) If this section applies, the Tribunal or other person may instead give
the document or thing to the Commission.
72 Paragraph 159(3)(b)
Omit “original decision”, substitute “first-tier
decision”.
73 Division 1 of
Part 10
Repeal the Division.
74 Subsections 167(1) and
(3)
Repeal the subsections.
75 Subsections 168(1) to
(3)
Repeal the subsections.
76 Subsections 168(6) and
(7)
Omit “(1), (3),”.
77 Subsection 169(4) (note)
Repeal the note, substitute:
Note: The review would be a second-tier
review.
78 Paragraph 171(2)(a)
Omit “a first-tier decision or”.
79 Paragraph 171(3)(a)
Repeal the paragraph.
80 Subparagraph
171(3)(b)(iii)
Omit “original” (wherever occurring).
Part 2—Modified application
of Administrative Review Tribunal Act in relation to applications for review of
certain other decisions
81 At the end of
section 6
Add:
(2) An expression used in this Act that is also used in the
Veterans’ Entitlements Act 1986 has the same meaning as in that
Act.
82 Subsections 55(2) and
(3)
Repeal the subsections.
83 At the end of
section 57
Add:
(3) This section does not apply to or in relation to a person whose
interests are affected by an original decision if the person has been given a
copy of:
(a) that decision; and
(b) the statement related to that decision;
in accordance with section 57E or 118ZX of the Veterans’
Entitlements Act 1986.
84 After section 133
Insert:
(1) In spite of section 133, if the Tribunal’s first-tier
decision, or the result of the Tribunal’s second-tier decision, is to set
aside a decision (the pension decision):
(a) to reduce the rate of a pension under section 56D of the
Veterans’ Entitlements Act 1986; or
(b) to cancel or suspend a pension under section 56E of that Act;
or
(c) to increase the rate of a pension under section 56C of that
Act;
and the pension decision was one that was:
(d) affirmed by the Commission under section 57B of that Act;
or
(e) made by the Commission in substitution for a decision set aside under
section 57B of that Act;
the Tribunal’s first-tier decision need not make, and the
Tribunal’s second-tier decision need not result in, another decision in
substitution for the pension decision.
(2) In spite of section 133, if:
(a) the Tribunal’s first-tier decision, or the result of the
Tribunal’s second-tier decision, is to set aside a decision (the
health card decision) that a person ceases to be entitled to a
seniors health card; and
(b) the health card decision was one that was:
(i) affirmed by the Commission under section 118ZU of the
Veterans’ Entitlements Act 1986; or
(ii) made by the Commission in substitution for a decision set aside under
that section;
the Tribunal need not make another decision in substitution for the health
card decision.
85 After section 135
Insert:
Section in addition to section 135
(1) This section is in addition to, and not in substitution for,
section 135.
Date from which certain pension payments to be made
(2) If, under section 133, the Tribunal’s first-tier decision,
or the result of the Tribunal’s second-tier decision, is to set aside a
decision (the pension decision) of a kind mentioned in
section 133A, the Tribunal may fix, as the date as from which its decision
(including any decision made by it in substitution for, or resulting in a
decision in substitution for, the pension decision) is to operate, a date,
being:
(a) if, in the case of either the Tribunal’s first-tier decision or
second-tier decision, the application for first-tier review was made within 3
months after the applicant was given a copy of the pension decision—a date
not earlier than the date as from which the pension decision was to operate;
or
(b) in any other case—a date not earlier than the date on which the
application for first-tier review was made to the Tribunal.
Certain cancellation decisions to have effect as
suspensions
(3) If the Tribunal fixes, as the date from which its first-tier decision
to set aside, or its second-tier decision that results in the setting aside of,
a decision of the Commission to cancel a pension is to have operated, a date
(the later date) after the date (the earlier date)
on which that pension was to be cancelled, the Commission’s
decision to cancel that pension has effect, and is taken to have had effect,
as if the Commission had not cancelled that pension but had suspended it from
that earlier date until that later date.
Date from which Tribunal may approve certain pension
payments
(4) If the Tribunal:
(a) makes a first-tier decision on an application made under subsection
175(2) of the Veterans’ Entitlements Act 1986 for a review of a
decision of the Commission under section 57B of that Act; or
(b) makes a second-tier decision on review of a such a first-tier
decision;
and the effect of the Tribunal’s decision is to grant a pension or
increase the rate at which a pension is to be paid, the Tribunal may approve
payment of the pension, or payment of the pension at the increased rate, as the
case may be:
(c) if the application under subsection 175(2) of the Veterans’
Entitlements Act 1986 is made within 3 months after the applicant was given
a document setting out the terms of the decision of the Commission—from a
date not earlier than the earliest date as from which the Commission could, if
it had, on its review under section 57B of that Act, granted a pension or
increased the rate of the pension, have approved payment of the pension, or
payment of the pension at the increased rate, as the case may be; or
(d) in any other case—from the date on which the application under
subsection 175(2) of the Veterans’ Entitlements Act 1986 was
made.
Date from which seniors health card determination takes
effect
(5) Subject to subsections (6) and (7), if the Tribunal:
(a) makes a first-tier decision on an application made under subsection
175(2AAA) of the Veterans’ Entitlements Act 1986 or a review of a
decision of the Commission under section 118ZU of that Act; or
(b) makes a second-tier decision on review of a such a first-tier
decision;
and the effect of the Tribunal’s decision is to determine that a
person is entitled to a seniors health card, the determination takes effect from
a date specified by the Tribunal.
(6) If the application to the Tribunal is made within 3 months after the
applicant is given a document setting out the terms of the decision of the
Commission made under section 118ZU of the Veterans’ Entitlements
Act 1986, the date specified by the Tribunal must not be earlier than the
date from which, had the Commission determined that the person is entitled to a
seniors health card, such a determination could have taken effect.
(7) If subsection (6) does not apply to a person, the date specified
by the Tribunal must not be earlier than the date on which the application under
subsection 175(2AA) of the Veterans’ Entitlements Act 1986 was
made.
Date from which certain allowance payments to be made
(8) If the Tribunal:
(a) makes a first-tier decision on an application made under subsection
175(4) of the Veterans’ Entitlements Act 1986 for a review of a
decision made by the Commission with respect to an application for an allowance
under section 97, 102, 103 or 104 of that Act; or
(b) makes a second-tier decision on review of a such a first-tier
decision;
and the effect of the Tribunal’s decision is to:
(c) grant the allowance mentioned in that section; or
(d) increase the rate at which the allowance so referred to is to be
paid;
the Tribunal may approve payment of the allowance, or of the allowance at
the increased rate, as the case may be, from the date set out in
subsection (9).
Date for purposes of subsection (8)
(9) For the purposes of subsection (8), the date is:
(a) if the application under subsection 175(4) of the Veterans’
Entitlements Act 1986 was made within 3 months after the applicant was given
a document setting out the terms of the decision of the Commission—a date
not earlier than the earliest date as from which the Commission could, if it had
not made that decision, have approved payment of the allowance, or payment of
the allowance at the increased rate, as the case may be; or
(b) in any other case—the date on which the application under
subsection 175(4) of the Veterans’ Entitlements Act 1986 was
made.
86 After subsection 142(2)
Insert:
Maximum period for extension
(2A) However, if the application mentioned in subsection (1) is an
application for review of an original decision, the time fixed under
subsection (2) must not be later than 12 months after the day on which the
document setting out the terms of the decision was given to the
applicant.
Part 1—Amendment
of Social Security Act 1991
1 Section 22
Repeal the section, substitute:
In this Act, unless the contrary intention appears:
Administrative Review Tribunal means the tribunal established
under the Administrative Review Tribunal Act 2000.
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act
2000.
ISD executive member means the executive member of the Income
Support Division of the Administrative Review Tribunal appointed under
section 14 of the Administrative Review Tribunal Act 2000.
2 Subsection 23(1) (definition of
decision)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
3 Subsection 23(1) (definition of
decision) (note)
Repeal the note.
4 Subsection 1184(2) (note)
Repeal the note.
5 Paragraph 1184A(2)(a)
Omit “Social Security Appeals Tribunal under
section 1247”, substitute “Administrative Review
Tribunal”.
6 Subsection 1222(1) (note)
Omit “AAT”, substitute “ART”.
7 Subsection 1222(2) (table
item 4)
Omit “AAT”, substitute “ART”.
8 Paragraph 1223AB(a)
Omit “Appeals”, substitute “Review”.
Note: The heading to section 1223AB is altered by
omitting “AAT” and substituting
“ART”.
9 Paragraph 1223AB(b)
Omit “Appeals Tribunal makes an order under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975”, substitute “Review
Tribunal makes an order under subsection 121(3) or (4) of the Administrative
Review Tribunal Act 2000”.
10 Section 1223AB (note
1)
Repeal the note.
11 Subsection 1237AAB(2)
Repeal the subsection, substitute:
(2) If the Secretary:
(a) has made an agreement with a debtor for the purposes of
section 109 of the Administrative Review Tribunal Act 2000;
and
(b) the terms of the agreement include the recovery of a debt on the basis
that the debtor will pay an amount (the agreed amount) that is
less than the full amount of the debt; and
(c) the ART makes a decision or takes action in accordance with, or
consistent with those terms;
the Secretary must waive the right to recover the difference between the
debt and the agreed amount.
Note: The heading to subsection 1237AAB(2) is replaced by
the heading “Agreement under section 109 of the ART
Act”.
Part 2—Amendment
of Social Security (Administration) Act 1999
12 Paragraph 8(f)
Omit “Appeals Tribunal and the Social Security Appeals
Tribunal”, substitute “Review Tribunal and the former Administrative
Appeals Tribunal and the former Social Security Appeals
Tribunal”.
13 Paragraph 9(1)(b)
Repeal the paragraph, substitute:
(b) the Administrative Review Tribunal.
14 Subsection 9(2)
Omit “Executive Director”, substitute “Administrative
Review Tribunal”.
15 Subsection 9(4)
Repeal the subsection.
16 Subsection 10(1)
Omit “Executive Director of the Social Security Appeals”,
substitute “President of the Administrative Review”.
17 Subsection 10(1)
Omit “Part 4 of this Act”, substitute “the
Administrative Review Tribunal Act 2000 (as modified by Schedule 3
to this Act)”.
18 Paragraph 126(2)(b)
Omit “Social Security Appeals Tribunal or the Administrative
Appeals”, substitute “Administrative Review”.
19 Paragraph 128(1)(b)
Omit “Social Security Appeals”, substitute
“Administrative Review”.
Note: The heading to section 128 is altered by omitting
“Executive Director or AAT Registrar” and substituting
“the President of the Administrative Review
Tribunal”.
20 Subsection 128(1)
Omit “Executive Director”, substitute “President of the
Administrative Review Tribunal”.
21 Subsection 128(2)
Repeal the subsection.
22 Paragraph 137(1)(f)
Omit “, the Social Security Appeals Tribunal or the Administrative
Appeals Tribunal”, substitute “or the Administrative Review
Tribunal, or was made by the former Social Security Appeals Tribunal or the
former Administrative Appeals Tribunal ”.
23 Paragraph 137(3)(f)
Omit “, the Social Security Appeals Tribunal or the Administrative
Appeals Tribunal”, substitute “or the Administrative Review
Tribunal, or was made by the former Social Security Appeals Tribunal or the
former Administrative Appeals Tribunal”.
24 Paragraph 138(1)(a)
Omit “subject to the social security law, apply to the Social
Security Appeals Tribunal”, substitute “subject to the
Administrative Review Tribunal Act 2000 (as modified by Schedule 3
to this Act), apply to the Administrative Review Tribunal”.
25 Subparagraph
138(1)(b)(iii)
Omit “and”.
26 Paragraph 138(1)(c)
Repeal the paragraph.
27 Division 3 of Part 4
(heading)
Repeal the heading, substitute:
28 Subdivision A of Division 3 of
Part 4 (heading)
Repeal the heading.
29 Section 139
Repeal the section.
30 Subdivision B of Division 3 of
Part 4 (heading)
Repeal the heading.
31 Section 141
Repeal the section.
32 Subsection 142(1)
Omit “a person whose interests are affected by the decision of the
Secretary, the CEO or the authorised review officer may apply to the SSAT for
review of the decision”, substitute “application may be made to the
ART for review of the decision”.
Note: The heading to section 142 is altered by omitting
“SSAT” and substituting
“ART”.
33 Subsection 142(2)
Omit “a person whose interests are affected by the decision may apply
to the SSAT for review of the decision”, substitute “application may
be made to the ART for review of the decision”.
34 Subsections 143(1) and
(2)
Omit “SSAT”, substitute “ART”.
35 Section 144
Omit “SSAT”, substitute “ART”.
36 Paragraph 144(s)
Omit “relating to the Secretary’s power under section 182
of this Act to settle proceedings before the AAT”, substitute “by
the Secretary to make an agreement mentioned in paragraph 109(a) of the
Administrative Review Tribunal Act 2000 (as modified by Schedule 3
to this Act)”.
37 After section 144
Insert:
If this Division provides for application to be made to the
Administrative Review Tribunal for review of a decision:
(a) the decision must be reviewed in the Income Support Division of the
Tribunal; and
(b) the Administrative Review Tribunal Act 2000 as modified by
Schedule 3 to this Act applies to the review.
38 Paragraph 145(1)(c)
Omit “SSAT”, substitute “ART”.
39 Subparagraphs 145(4)(b)(i) and
(ii)
Omit “SSAT”, substitute “ART”.
40 Paragraph 147(1)(b)
Omit “Social Security Appeals Tribunal”, substitute
“ART”.
41 Paragraph 148(1)(b)
Omit “SSAT”, substitute “ART”.
42 Sections 149 to 156
Repeal the sections, substitute:
If:
(a) the ART sets a decision aside under subsection 133(2) or (4) of the
Administrative Review Tribunal Act 2000 (as modified by Schedule 3
to this Act); 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, direct that
the event is to be taken, for the purposes of the social security law, to have
occurred.
43 Divisions 4 and 5 of
Part 4
Repeal the Divisions.
44 Subclause 1(1) of Schedule 1 (definition
of AAT)
Repeal the definition.
45 Subclause 1(1) of Schedule 1 (definition
of SSAT)
Repeal the definition.
46 Schedule 4
Repeal the Schedule.
1 Schedule 3
Repeal the Schedule, substitute:
Schedule 3—Modified
application of Administrative Review Tribunal Act for the purposes of the review
of decisions under the social security law
Note: This Schedule sets out modifications of the
Administrative Review Tribunal Act 2000 that, in accordance with
paragraph 144A(b) of this Act, are to be made for the purposes of the review
mentioned in that paragraph.
1 Section 6
Insert:
1991 Act has the same meaning as in the Social Security
(Administration) Act 1999.
2 Section 6 (definition of
decision-maker)
Repeal the definition.
3 Section 6
Insert:
Secretary means the Secretary of the Department
that:
(a) deals with matters to which the Social Security (Administration)
Act 1999 relates; and
(b) is administered by the Minister administering that Act.
4 Section 6
Insert:
social security law has the same meaning as in the Social
Security Act 1991.
5 Section 6
Insert:
social security payment has the same meaning as in the
Social Security Act 1991.
6 At the end of
section 50
Add:
Delegation by Secretary
(5) Section 234 of the Social Security (Administration) Act
1999 has effect for the purposes of this Act as if:
(a) references in that section to powers included a reference to
functions; and
(b) references in that section to the social security law included a
reference to this Act.
7 Section 55
Repeal the section.
8 Before paragraph 56(5)(a)
Insert:
(aa) a decision under section 126 of the Social Security
(Administration) Act 1999 affirming a decision covered by
subsection (1) of that section;
9 Subsection 57(1)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
10 Subsection 57(2)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to subsection 57(2) is altered by omitting
“Decision-maker” and substituting
“Secretary”.
11 Subsection 57(3)
Omit “decision-maker”, substitute
“Secretary”.
12 Paragraphs 57(4)(a) and
(b)
Omit “decision-maker”, substitute
“Secretary”.
13 Subsections 57(4) and
(5)
Omit “decision-maker must”, substitute “Secretary
must”.
14 Paragraphs 58(1)(a) and
(b)
Omit “decision-maker”, substitute
“Secretary”.
15 Subsection 58(1)
Omit “decision-maker should”, substitute “Secretary
should”.
16 Subsection 58(2)
Omit “decision-maker”, substitute
“Secretary”.
17 Subsection 58(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
18 Paragraph 59(1)(a)
Omit “a decision-maker”, substitute “the
Secretary”.
19 Subsection 59(2)
Omit “decision-maker”, substitute
“Secretary”.
20 Subsection 59(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
21 Subsection 60(2)
Omit “decision-maker”, substitute
“Secretary”.
22 Paragraph 63(a)
Omit “decision-maker in relation to the decision”, substitute
“Secretary”.
23 Subparagraph
65(3)(a)(ii)
Omit “decision-maker in relation to the original decision”,
substitute “Secretary”.
24 Subsection 65(7)
Omit “decision-maker”, substitute
“Secretary”.
25 Subsection 67(2)
Repeal the subsection.
26 Division 1 of Part 6
(heading)
Repeal the heading, substitute:
27 Section 76
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 76 is altered by omitting
“decision-maker” and substituting
“Secretary”.
28 Subsection 77(1)
Omit “decision-maker is”, substitute “Secretary
is”.
Note: The heading to section 77 is altered by omitting
“decision-maker” and substituting
“Secretary”.
29 Subsection 77(1)
Omit “decision-maker must”, substitute “Secretary
must”.
30 Paragraph 77(1)(b)
Omit “decision-maker’s” (wherever occurring), substitute
“Secretary’s”.
31 Paragraph 77(2)(b)
Omit “decision-makers are”, substitute “the Secretary
is”.
32 Subsection 77(3)
Omit “decision-maker”, substitute
“Secretary”.
33 Paragraph 78(1)(a)
Omit “decision-maker”, substitute
“Secretary”.
34 Subsection 78(1)
Omit “give the decision-maker”, substitute “give the
Secretary”.
35 Paragraph 78(1)(d)
Omit “decision-maker”, substitute
“Secretary”.
36 Subsection 78(2)
Omit “decision-maker”, substitute
“Secretary”.
37 Subsection 79(1)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
Note: The heading to section 79 is altered by omitting
“Decision-maker” and substituting
“Secretary”.
38 Subsection 79(2)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
39 After section 79
Insert:
(1) In the case of review of either an original decision or a first-tier
decision, if:
(a) the Tribunal considers that a person has or may have information, or
custody or control of a document, that may be relevant to the review of the
decision by the Tribunal; and
(b) the Secretary has power, under section 192 of the Social
Security (Administration) Act 1999 to require the person to give the
information, or produce the document, to the Department;
the Tribunal may request the Secretary to exercise that power.
(2) The Secretary must:
(a) comply with any such request as soon as practicable and, in any event,
before the end of 7 days after the day on which the Tribunal makes the request;
and
(b) give any information or document received to the Tribunal.
40 Subsection 82(2)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
41 Subsection 82(3)
Omit “decision-maker”, substitute
“Secretary”.
42 Subsection 82(4)
Omit “decision-maker”, substitute
“Secretary”.
43 Paragraph 84(1)(b)
Omit “decision-maker”, substitute
“Secretary”.
44 Section 85
Repeal the section.
45 Subsection 87(1)
Omit “decision-maker”, substitute
“Secretary”.
46 Section 94
Omit “If the decision-maker is a participant in the review of a
decision, the decision-maker”, substitute “The
Secretary”.
Note: The heading to section 94 is altered by omitting
“Decision-maker” and substituting
“Secretary”.
47 Paragraph 96(3)(a)
Omit “decision-maker”, substitute
“Secretary”.
48 At the end of
section 105
Add:
(2) To avoid doubt, subsection (1) does not prevent the exercise of
the Secretary’s powers or the performance of the Secretary’s
functions by a delegate under section 234 of the Social Security
(Administration) Act 1999 as given effect by subsection 50(5) of this
Act.
49 Subsection 108(2)
After “participants”, insert “(other than the
Secretary)”.
50 After subsection 110(1)
Insert:
Secretary not to be required to attend conferences etc.
(1A) However, subsection (1) does not apply to the extent that would
require the Secretary to attend, or otherwise take part, in a conference or
other process.
51 Subsection 117(2)
After “review”, insert “(other than the
Secretary)”.
52 After subsection 121(1)
Insert:
Avoidance of doubt
(1A) To avoid doubt, subsection (1) does not affect the operation of
section 145, 147 or 148 of the Social Security (Administration) Act
1999.
Note: The heading to section 121 is altered by omitting
“decision-maker” and substituting
“Secretary”.
53 Section 123
Repeal the section.
54 Paragraph 124(1)(a)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 124 is altered by omitting
“decision-maker” and substituting
“Secretary”.
55 Paragraph 124(1)(b)
Omit “decision-maker”, substitute
“Secretary”.
56 Paragraph 124(2)(a)
Omit “decision-maker”, substitute
“Secretary”.
57 Subsection 124(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
Note: The heading to subsection 124(3) is altered by
omitting “decision-maker” and substituting
“Secretary”.
58 Subsections 124(4), (5) and
(6)
Omit “decision-maker”, substitute
“Secretary”.
59 Paragraphs 124(7)(a) and
(b)
Omit “decision-maker”, substitute
“Secretary”.
60 Subsection 125(1)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 125 is altered by omitting
“decision-maker” and substituting
“Secretary”.
61 Subsection 125(2)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to subsection 125(2) is altered by
omitting “decision-maker” and substituting
“Secretary”.
62 Subsection 125(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
63 Subsections 125(4), (5) and
(6)
Omit “decision-maker”, substitute
“Secretary”.
64 Subsections 126(1) and
(2)
Omit “section 123, 124 or 125, the decision-maker”,
substitute “section 126 of the Social Security (Administration)
Act 1999 or section 124 or 125 of this Act, the
Secretary”.
65 Subsection 126(3)
Repeal the subsection, substitute:
(3) If the applicant advises the Tribunal as mentioned in
subparagraph (1)(b)(ii) or (2)(b)(ii), the review ends.
66 Division 1 of Part 8 (note after
the Division heading)
Omit “decision-maker”, substitute
“Secretary”.
67 Subsection 128(1)
Omit “decision-maker”, substitute
“Secretary”.
68 Section 129
Omit “decision-maker”, substitute
“Secretary”.
69 Subsection 133(1)
Repeal the subsection, substitute:
Powers of Tribunal in reviewing an original decision
(1) Subject to subsection (1A), the Tribunal:
(a) may, for the purpose of reviewing an original decision, exercise all
the powers and discretions that are conferred by the social security law on the
Secretary; and
(b) must have regard to any statement a copy of which has been given to
the Tribunal under subsection 9(1) of the Social Security (Administration )
Act 1999.
(1A) The reference in paragraph (1)(a) to powers and discretions
conferred by the social security law does not include a reference to a power or
discretion conferred by:
(a) a provision dealing with the form and place of lodgment of a claim;
or
(b) a provision dealing with the manner of payment of a social security
payment; or
(c) section 1233 of the 1991 Act; or
(d) a provision dealing with the giving of a notice requiring information;
or
(e) section 1100 of the 1991 Act; or
(f) section 1218A of the 1991 Act; or
(g) section 131 or 145 of the Social Security (Administration) Act
1999; or
(h) a provision dealing with the imposition of requirements before the
grant of a social security payment; or
(i) a provision dealing with the deduction of amounts from payments of a
social security payment for tax purposes.
(1B) The Tribunal may, for the purpose of reviewing an original decision
under the Health Insurance Act 1973, exercise all the powers and
discretions conferred by that Act on the Secretary.
70 Subsection 133(2)
Omit “The Tribunal”, substitute “Unless
subsection (2A) applies, the Tribunal”.
71 Subparagraph
133(2)(c)(ii)
Omit “decision-maker”, substitute
“Secretary”.
72 After subsection 133(2)
Insert:
(2A) If the original decision is:
(a) a decision under section 525B of the 1991 Act as previously in
force to the extent that it related to the terms of a Job Search Activity
Agreement that was previously in force; or
(b) a decision under section 544B of that Act to the extent that it
relates to the terms of a Youth Allowance Activity Agreement that is in force;
or
(c) a decision under section 606 of that Act to the extent that it
relates to the terms of a Newstart Activity Agreement that is in
force;
the Tribunal must make a decision in writing:
(d) affirming the decision; or
(e) setting aside the decision and remitting the matter to the Secretary
for reconsideration in accordance with any directions or recommendations of the
Tribunal.
73 Subsection 133(3)
Omit “by subsections (1) and (2)”, substitute “under
subsections (1), (1A), (1B), (2) and (2A)”.
74 Subsection 133(4) (note)
Omit “decision-maker”, substitute
“Secretary”.
75 After section 133
Insert:
Social security payments
(1) If the Tribunal sets a decision aside under subsection 133(2) and
substitutes for it a decision that a person is entitled to a social security
payment (other than pension bonus), the Tribunal must:
(a) assess the rate at which the social security payment is to be paid to
the person; or
(b) ask the Secretary to assess the rate at which the social security
payment is to be paid to the person.
Pension bonuses
(2) If the Tribunal sets a decision aside under subsection 133(2) and
substitutes for it a decision that a person is entitled to a pension bonus, the
Tribunal must:
(a) assess the amount of the pension bonus that is to be paid to the
person; or
(b) ask the Secretary to assess the amount of the pension bonus that is to
be paid to the person.
If:
(a) the Tribunal sets a decision (the initial decision)
aside under subsection 133(2) or (4); and
(b) the Tribunal is satisfied that an event that did not occur would have
occurred if the initial decision had not been made;
the Tribunal may, if satisfied that it is reasonable to do so, direct that
the event is to be taken, for the purposes of the social security law, to have
occurred.
76 Subsection 134(1)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 134 is altered by omitting
“decision-maker” and substituting
“Secretary”.
77 Subsection 134(2)
Omit “decision-maker”, substitute
“Secretary”.
78 Subsection 135(3)
Omit “When”, substitute “Subject to subsection (5)
and section 135A, when”.
79 At the end of
section 135
Add:
(4) However, if:
(a) a person is given written notice of an original decision under the
social security law; and
(b) the person applies to the Tribunal for first-tier review of the
decision later than 13 weeks after the notice was given; and
(c) the Tribunal decides under section 133 to vary the decision or
set the decision aside and substitute a new decision; and
(d) the effect of the decision of the Tribunal is:
(i) to grant the person’s claim for a social security payment or a
concession card; or
(ii) to direct the making of a payment of a social security payment to the
person or the issue of a concession card to the person, as the case may be;
or
(iii) to increase the rate of the person’s social security
payment;
subsection (3) applies in relation to the decision of the Tribunal as
if the day on which the original decision had effect was the day on which the
person applied for first-tier review of the decision.
(5) The Tribunal may declare that subsection (3) does not apply to a
decision by the Tribunal on a review.
80 After section 135
Insert:
(1) This section applies to:
(a) a decision under section 544B of the 1991 Act to the extent that
it relates to the terms of a Youth Allowance Activity Agreement that is in
force; and
(b) a decision under section 606 of the 1991 Act to the extent that
the decision relates to the terms of a Newstart Activity Agreement that is in
force.
(2) Subject to subsection (3), a decision by the Tribunal under
section 133 on review of a decision to which this section applies has
effect from the time the decision is made.
(3) The Tribunal may state in a decision under section 133 that the
decision is not to have effect until a later day specified in the decision and,
if it does so, the decision of the Tribunal has effect from that later
day.
81 Subsection 136(2)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
82 Subsection 139(1)
Omit “decision-maker”, substitute
“Secretary”.
83 Section 140 (note)
Omit “a decision-maker”, substitute “the
Secretary”.
84 Paragraph 153(2)(a)
Omit “decision-maker”, substitute
“Secretary”.
85 Section 155
Omit “Each”, substitute “Subject to this section,
each”.
Note: The heading to section 155 is replaced by the
heading “Costs of review”.
86 At the end of
section 155
Add:
(2) The Tribunal may determine that the Commonwealth is to pay the
reasonable costs that are:
(a) incurred by a participant for travel and accommodation in connection
with the review; and
(b) specified in the determination.
(3) If the Tribunal arranges for the provision of a medical service in
relation to a participant in a review, the Tribunal may determine that the
Commonwealth is to pay the costs of the provision of the service.
(4) If the Tribunal makes a determination under subsection (2) or
(3), the costs to which the determination relates are payable by the
Commonwealth.
87 Subsection 159(1)
Omit “decision-maker in relation to an original decision”,
substitute “Secretary”.
Note: The heading to section 159 is altered by omitting
“decision-maker” and substituting
“Secretary”.
88 Subsection 159(2)
Repeal the subsection.
89 Subsection 167(5)
Omit “decision-maker”, substitute
“Secretary”.
1 Subsection 3(1) (definition of
AAT)
Repeal the definition.
2 Subsection 3(1) (definition of AAT
Act)
Repeal the definition.
3 Subsection 3(1)
Insert:
ART means the Administrative Review Tribunal.
4 Subsection 3(1) (definition of
decision)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act 2000 (as modified by
Schedule 1 to this Act)”.
5 Subsection 3(1) (definition of Executive
Director)
Repeal the definition.
6 Subsection 3(1) (definition of
SSAT)
Repeal the definition.
7 Paragraph 73(a)
Omit “AAT under section 142”, substitute
“ART”.
8 Paragraph 73(b)
Omit “AAT makes an order under subsection 41(2) of the
Administrative Appeals Tribunal Act 1975”, substitute “ART
makes an order under subsection 121(3) or (4) of the Administrative Review
Tribunal Act 2000 (as modified by Schedule 1 to this
Act)”.
9 Subsection 100(2)
Repeal the subsection, substitute:
(2) If the Secretary:
(a) has made an agreement with a debtor for the purposes of
section 109 of the Administrative Review Tribunal Act 2000 (as
modified by Schedule 1 to this Act); and
(b) the terms of the agreement include the recovery of a debt on the basis
that the debtor will pay an amount (the agreed amount) that is
less than the full amount of the debt; and
(c) the ART makes a decision or takes action in accordance with, or
consistent with, those terms;
the Secretary must waive the right to recover the difference between the
debt and the agreed amount.
Note: The heading to subsection 100(2) is replaced by the
heading “Agreement under section 109 of the ART
Act”.
10 Subsection 105(2)
Omit “SSAT or the AAT”, substitute “ART”.
Note: The heading to subsection 105(2) is altered by
omitting “SSAT or the AAT” and substituting
“ART”.
11 Paragraph 106(6)(b)
Omit “SSAT or the AAT”, substitute “ART”.
Note: The heading to subsection 106(6) is altered by
omitting “SSAT or the AAT” and substituting
“ART”.
12 Subsection 106(6)
Omit “Executive Director of the SSAT or to the Registrar of the AAT,
as the case requires”, substitute “President of the
ART”.
13 Paragraph 109A(4)(b)
Omit “SSAT”, substitute “ART”.
14 Subsection 109A(4)
Omit “SSAT”, substitute “ART”.
15 Paragraph 109H(1)(a)
Omit “subject to this Part, apply to the SSAT”, substitute
“subject to the Administrative Review Tribunal Act 2000 (as
modified by Schedule 1 to this Act), apply to the ART”.
16 Subparagraph
109H(1)(b)(iii)
Omit “and”.
17 Paragraph 109H(1)(c)
Repeal the paragraph.
18 Division 2 of Part 5
(heading)
Repeal the heading, substitute:
19 Section 110
Repeal the section.
20 Subsection 111(1)
Omit “a person affected by the decision may apply to the Social
Security Appeals Tribunal”, substitute “application may be made to
the Administrative Review Tribunal”.
Note: The heading to section 111 is altered by omitting
“SSAT” and substituting
“ART”.
21 Subsection 111(1A)
Omit “a person whose interests are affected by the decision may apply
to the SSAT”, substitute “application may be made to the
ART”.
22 Subsection 111(1B)
Repeal the subsection.
23 Subsection 111(2)
After “subsection (1)”, insert “or
(1A)”.
24 Paragraph 111(2)(e)
Omit “relating to the Secretary’s power under section 146
to settle proceedings before the AAT”, substitute “by the Secretary
to make an agreement mentioned in paragraph 109(a) of the Administrative
Review Tribunal Act 2000 (as modified by Schedule 1 to this
Act)”.
25 At the end of paragraph
111(2)(f)
Add:
unless the decision is one of the following:
(i) a decision under section 195 not to approve a child care service
for the purposes of the family assistance law or to approve the service from a
particular day;
(ii) a decision under subsection 199(2) to impose another condition for
the continued approval of an approved child care service;
(iii) a decision under subsection 200(1) to do one or more of the things
mentioned in paragraphs (a) to (e) of that subsection in relation to an
approved child care service;
(iv) a decision under subsection 200(3) to revoke the suspension of the
approval of an approved child care service from a particular day;
(v) a decision under subsection 202(2) not to cancel an approved child
care service’s approval;
(vi) a decision under subsection 202(3) to cancel an approved child care
service’s approval;
(vii) a decision under subsection 202(4) to cancel an approved child care
service’s approval, but only if the service made submissions under
paragraph 203(1)(e) in relation to the cancellation;
(viii) a decision under paragraph 205(3)(a) not to exempt a specified
child care service from a specified eligibility rule;
(ix) a decision under section 207 to refuse to allocate any child
care places to an approved child care service that is not based on guidelines of
the Minister of the kind mentioned in paragraph 206(c);
(x) a decision under section 207 to refuse to allocate the number of
child care places an approved child care service has applied for under that
section that is not based on guidelines of the Minister of the kind mentioned in
paragraph 206(c);
(xi) a decision under subsection 210(1) not to approve an individual as a
registered carer for the purposes of the family assistance law;
(xii) a decision under subsection 212(1) as to when the approval of an
applicant as a registered carer is taken to have come into force;
(xiii) a decision under subsection 212(3) as to when the approval of an
applicant as a registered carer is taken not to have been in force;
(xiv) a decision under subsection 213(2) to impose another condition for
the continued approval of an individual as a registered carer;
(xv) a decision under subsection 214(1) to do one or more of the things
mentioned in paragraphs (a) to (d) of that subsection in relation to a
registered carer;
(xvi) a decision under subsection 216(3) to cancel a registered
carer’s approval;
(xvii) a decision under subsection 53(3) of the Family Assistance
Act.
26 Sections 111A and
111B
Repeal the sections, substitute:
If this Division provides for application to be made to the
Administrative Review Tribunal for review of a decision:
(a) the decision must be reviewed in the Income Support Division of the
Tribunal; and
(b) the Administrative Review Tribunal Act 2000 as modified by
Schedule 1 to this Act applies to the review.
27 Paragraphs 112(1)(c) and
(1A)(c)
Omit “SSAT under section 111”, substitute
“ART”.
28 Subparagraphs 112(3)(b)(i) and
(ii)
Omit “SSAT”, substitute “ART”.
29 Section 113
Repeal the section, substitute:
If:
(a) the ART sets a decision (the initial decision) aside
under subsection 133(2) or (4) of the Administrative Review Tribunal Act
2000 (as modified by Schedule 1 to this Act); and
(b) the Secretary is satisfied that an event that did not occur would have
occurred if the initial decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, direct that
the event is to be taken, for the purposes of the family assistance law, to have
occurred.
30 Section 114
Repeal the section, substitute:
If:
(a) the ART makes a decision on a review in respect of an individual
claiming child care benefit by fee reduction for care provided by an approved
child care service to a child; and
(b) the decision on review is to vary, or set aside and substitute a new
decision for, one of the following decisions:
(i) a determination of conditional eligibility;
(ii) a weekly limit of hours, CCB % or schooling % applicable to the
individual;
(iii) a determination of rate under subsection 81(2) or (3) of the Family
Assistance Act; and
(c) on the day that the ART decision is made:
(i) the service is still providing care to the child; and
(ii) a determination of conditional eligibility is still in force in
respect of the individual with the effect that the individual is conditionally
eligible;
the Secretary must give notice of the ART decision to the service. The
notice must state the effect of the decision.
31 Sections 116, 117 and
118
Repeal the sections.
32 Divisions 3 and 4 of
Part 5
Repeal the Divisions.
33 Subsection 219A(2) (table
item 10)
Omit “141A”, substitute “114”.
34 Paragraph 235(4)(b)
Omit “, the Social Security Appeals Tribunal, or the Administrative
Appeals Tribunal, under Part 5”, substitute “under
Part 5”.
1 At the end of the Act
Add:
Schedule 1—Modified
application of Administrative Review Tribunal Act for the purposes of the review
of decisions under the family assistance law
Note: This Schedule sets out modifications of the
Administrative Review Tribunal Act 2000 that, in accordance with
paragraph 111A(b) of this Act, are to be made for the purposes of the review
mentioned in that paragraph.
1 Section 6 (definition of
decision-maker)
Repeal the definition.
2 Section 6
Insert:
family assistance law has the same meaning as in the A New
Tax System (Family Assistance) (Administration) Act 1999.
3 Section 6
Insert:
Secretary means the Secretary of the Department
that:
(a) deals with matters to which the A New Tax System (Family
Assistance) (Administration) Act 1999 relates; and
(b) is administered by the Minister administering that Act.
4 At the end of
section 50
Add:
Delegation by Secretary
(5) Section 221 of the A New Tax System (Family Assistance)
(Administration) Act 1999 has effect for the purposes of this Act as
if:
(a) references in that section to powers included a reference to
functions; and
(b) the reference to the family assistance law in subsection (1) of
that section included a reference to this Act.
5 Section 55
Repeal the section.
6 Before paragraph 56(5)(a)
Insert:
(aa) a decision under section 105 of the A New Tax System (Family
Assistance) (Administration) Act 1999 affirming an original decision (within
the meaning of that Act);
7 Subsection 57(1)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
8 Subsection 57(2)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to subsection 57(2) is altered by omitting
“Decision-maker” and substituting
“Secretary”.
9 Subsection 57(3)
Omit “decision-maker”, substitute
“Secretary”.
10 Paragraphs 57(4)(a) and
(b)
Omit “decision-maker”, substitute
“Secretary”.
11 Subsections 57(4) and
(5)
Omit “decision-maker must”, substitute “Secretary
must”.
12 Paragraphs 58(1)(a) and
(b)
Omit “decision-maker”, substitute
“Secretary”.
13 Subsection 58(1)
Omit “decision-maker should”, substitute “Secretary
should”.
14 Subsection 58(2)
Omit “decision-maker”, substitute
“Secretary”.
15 Subsection 58(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
16 Paragraph 59(1)(a)
Omit “a decision-maker”, substitute “the
Secretary”.
17 Subsection 59(2)
Omit “decision-maker”, substitute
“Secretary”.
18 Subsection 59(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
19 Subsection 60(2)
Omit “decision-maker”, substitute
“Secretary”.
20 Subsection 61(1)
Omit “A person”, substitute “Subject to section 61A,
a person”.
21 After subsection 61(1)
Insert:
(1A) If a decision is made under subsection 91A(3) of the Child Support
(Assessment) Act 1989 about a particular agreement, then, for the purposes
of the application of subsection (1) of this section to the decision, both
of the parties to the agreement are taken to be persons whose interests are
affected by the decision.
22 After section 61
Insert:
(1) Subject to subsection (2), a person must apply to the Tribunal
for review of a decision (other than an excepted decision) no later than 13
weeks after the person is notified of the decision.
(2) The Tribunal may, if it determines that there are special
circumstances that prevented the person from making an application for review of
the decision within the 13 weeks mentioned in subsection (1), permit the
person to make the application after the end of that period and within such
further period as the Tribunal determines to be appropriate.
(3) In this section:
excepted decision means a decision:
(a) relating to the payment to a person of family tax benefit by
instalment; or
(b) relating to the raising of a debt under Division 2 of
Part 4.
23 Paragraph 63(a)
Omit “decision-maker in relation to the decision”, substitute
“Secretary”.
24 Subparagraph
65(3)(a)(ii)
Omit “decision-maker in relation to the original decision”,
substitute “Secretary”.
25 Subsection 65(7)
Omit “decision-maker”, substitute
“Secretary”.
26 Subsection 67(2)
Repeal the subsection.
27 Division 1 of Part 6
(heading)
Repeal the heading, substitute:
28 Section 76
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 76 is altered by omitting
“decision-maker” and substituting
“Secretary”.
29 Subsection 77(1)
Omit “decision-maker is”, substitute “Secretary
is”.
Note: The heading to section 77 is altered by omitting
“decision-maker” and substituting
“Secretary”.
30 Subsection 77(1)
Omit “decision-maker must”, substitute “Secretary
must”.
31 Paragraph 77(1)(b)
Omit “decision-maker’s” (wherever occurring), substitute
“Secretary’s”.
32 Paragraph 77(2)(b)
Omit “decision-makers are”, substitute “the Secretary
is”.
33 Subsection 77(3)
Omit “decision-maker”, substitute
“Secretary”.
34 Paragraph 78(1)(a)
Omit “decision-maker”, substitute
“Secretary”.
35 Subsection 78(1)
Omit “give the decision-maker”, substitute “give the
Secretary”.
36 Paragraph 78(1)(d)
Omit “decision-maker”, substitute
“Secretary”.
37 Subsection 78(2)
Omit “decision-maker”, substitute
“Secretary”.
38 Subsection 79(1)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
Note: The heading to section 79 is altered by omitting
“Decision-maker” and substituting
“Secretary”.
39 Subsection 79(2)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
40 After section 79
Insert:
(1) In the case of review of either an original decision or a first-tier
decision, if:
(a) the Tribunal considers that a person has or may have information, or
custody or control of a document, that may be relevant to the review of the
decision by the Tribunal; and
(b) the Secretary has power, under section 154 of the A New Tax
System (Family Assistance) (Administration) Act 1999 to require the person
to give the information, or produce the document, to an officer;
the Tribunal may ask the Secretary to exercise that power.
(2) The Secretary must:
(a) comply with a request under subsection (1) as soon as practicable
and, in any event, before the end of 7 days after the day on which the Tribunal
makes the request; and
(b) give any information or document received to the Tribunal.
41 Subsection 82(2)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
42 Subsection 82(3)
Omit “decision-maker”, substitute
“Secretary”.
43 Subsection 82(4)
Omit “decision-maker”, substitute
“Secretary”.
44 Paragraph 84(1)(b)
Omit “decision-maker”, substitute
“Secretary”.
45 Section 85
Repeal the section.
46 Subsection 87(1)
Omit “decision-maker”, substitute
“Secretary”.
47 Section 94
Omit “If the decision-maker is a participant in the review of a
decision, the decision-maker”, substitute “The
Secretary”.
Note: The heading to section 94 is altered by omitting
“Decision-maker” and substituting
“Secretary”.
48 Paragraph 96(3)(a)
Omit “decision-maker”, substitute
“Secretary”.
49 At the end of
section 105
Add:
(2) To avoid doubt, subsection (1) does not prevent the exercise of
the Secretary’s powers or the performance of the Secretary’s
functions by a delegate under section 221 of the A New Tax System
(Family Assistance) (Administration) Act 1999 as given effect by subsection
50(5) of this Act.
50 Subsection 108(2)
After “participants”, insert “(other than the
Secretary)”.
51 After subsection 110(1)
Insert:
(1A) However, subsection (1) does not apply to the extent that would
require the Secretary to attend, or otherwise take part in, a conference or
other process.
52 Subsection 117(2)
After “review”, insert “(other than the
Secretary)”.
53 After subsection 121(1)
Insert:
(1A) To avoid doubt, subsection (1) does not affect the operation of
section 112 of the A New Tax System (Family Assistance) (Administration)
Act 1999.
Note: The heading to section 121 is altered by omitting
“decision-maker” and substituting
“Secretary”.
54 Section 123
Repeal the section.
55 Paragraph 124(1)(a)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 124 is altered by omitting
“decision-maker” and substituting
“Secretary”.
56 Paragraph 124(1)(b)
Omit “decision-maker”, substitute
“Secretary”.
57 Paragraph 124(2)(a)
Omit “decision-maker”, substitute
“Secretary”.
58 Subsection 124(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
Note: The heading to subsection 124(3) is altered by
omitting “decision-maker” and substituting
“Secretary”.
59 Subsections 124(4), (5) and
(6)
Omit “decision-maker”, substitute
“Secretary”.
60 Paragraphs 124(7)(a) and
(b)
Omit “decision-maker”, substitute
“Secretary”.
61 Subsection 125(1)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 125 is altered by omitting
“decision-maker” and substituting
“Secretary”.
62 Subsection 125(2)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to subsection 125(2) is altered by
omitting “decision-maker” and substituting
“Secretary”.
63 Subsection 125(3)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
64 Subsections 125(4), (5) and
(6)
Omit “decision-maker”, substitute
“Secretary”.
65 Subsections 126(1) and
(2)
Omit “section 123, 124 or 125, the decision-maker”,
substitute “section 105 of the A New Tax System (Family
Assistance) (Administration) Act 1999 or section 124 or 125 of this
Act, the Secretary”.
66 Subsection 126(3)
Repeal the subsection, substitute:
(3) If the applicant advises the Tribunal as mentioned in
subparagraph (1)(b)(ii) or (2)(b)(ii), the review ends.
67 Division 1 of Part 8 (note after
the Division heading)
Omit “decision-maker”, substitute
“Secretary”.
68 Subsection 128(1)
Omit “decision-maker”, substitute
“Secretary”.
69 Section 129
Omit “decision-maker”, substitute
“Secretary”.
70 Subsection 133(1)
Omit “any relevant enactment on the decision-maker”, substitute
“the family assistance law on the Secretary”.
71 Subparagraph
133(2)(c)(ii)
Omit “decision-maker”, substitute
“Secretary”.
72 Subsection 133(4) (note)
Omit “decision-maker”, substitute
“Secretary”.
73 After section 133
Insert:
If the Tribunal sets a decision aside and substitutes for it a decision
that:
(a) a person is entitled to have a payment made under the A New Tax
System (Family Assistance) (Administration) Act 1999; or
(b) a person is conditionally eligible for child care benefit by fee
reduction; or
(c) the weekly limit of hours, the CCB % or the schooling % applicable to
a person is to be increased;
the Tribunal must:
(d) in the case of paragraph (a):
(i) assess the amount of the payment; or
(ii) ask the Secretary to assess the amount; and
(e) in the case of paragraph (b):
(i) ask the Secretary to determine the weekly limit of hours, CCB % and
schooling % applicable to the person; and
(ii) if the limit or percentage affects the amount of the entitlement of
the person—assess that amount; and
(f) in the case of paragraph (c):
(i) determine what the limit or percentage is to be; or
(ii) ask the Secretary to assess the limit or percentage.
If:
(a) the Tribunal sets a decision (the initial decision)
aside under subsection 133(2) or (4); and
(b) the Tribunal is satisfied that an event that did not occur would have
occurred if the initial decision had not been made;
the Tribunal may, if satisfied that it is reasonable to do so, direct that
the event is to be taken, for the purposes of the social security law, to have
occurred.
74 Subsection 134(1)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 134 is altered by omitting
“decision-maker” and substituting
“Secretary”.
75 Subsection 134(2)
Omit “decision-maker”, substitute
“Secretary”.
76 Subsection 135(3)
Omit “When”, substitute “Subject to subsection (4)
and to section 135A, when”.
77 At the end of
section 135
Add:
When variations etc. of original decisions have effect
(4) Subject to section 135A, regulations made under the A New Tax
System (Family Assistance) (Administration) Act 1999 may provide that
if:
(a) specified decisions to which section 134 applies come into
operation; and
(b) the decisions have the effect of creating or increasing an entitlement
to be paid family tax benefit by instalment;
the decisions only have effect from a specified day before the making of
the decision.
78 After section 135
Insert:
(1) If:
(a) a person applies to the Tribunal for review of an original decision
relating to the payment to a person of family tax benefit by instalment;
and
(b) the application is made more than 13 weeks after the person was given
notice of the original decision; and
(c) the Tribunal decides, under subsection 133(2), to vary the original
decision or set aside the original decision and substitute a new decision;
and
(d) the decision of the Tribunal will have the effect of creating or
increasing an entitlement to be paid family tax benefit by instalment;
the date of effect of the decision of the Tribunal is:
(e) unless paragraph (f) applies—the date that would give full
effect to the decision of the Tribunal; or
(f) if the date referred to in paragraph (e) is earlier than the
first day of the income year before the income year in which the application to
the Tribunal for review was made—that first day.
(2) The Tribunal may, if it is satisfied that there are special
circumstances that prevented the applicant from making an application within 13
weeks, determine that subsection (1) applies as if the reference to 13
weeks were a reference to such longer period as the Tribunal determines to be
appropriate.
79 Subsection 136(2)
Omit “decision-maker” (wherever occurring), substitute
“Secretary”.
80 Subsection 139(1)
Omit “decision-maker”, substitute
“Secretary”.
81 Section 140 (note)
Omit “a decision-maker”, substitute “the
Secretary”.
82 At the end of
section 142
Add:
This section does not apply to certain applications
(4) This section does not apply to an application for review of a decision
under section 61 other than an application for review of an excepted
decision (within the meaning of subsection 61A(3)).
83 Paragraph 153(2)(a)
Omit “decision-maker”, substitute
“Secretary”.
84 Section 155
Omit “Each”, substitute “Subject to this section,
each”.
Note: The heading to section 155 is replaced by the
heading “Costs of review”.
85 At the end of
section 155
Add:
(2) The Tribunal may determine that the Commonwealth is to pay the
reasonable costs that are:
(a) incurred by a participant for travel and accommodation in connection
with the review; and
(b) specified in the determination.
(3) If the Tribunal arranges for the provision of a medical service in
relation to a participant to a review, the Tribunal may determine that the
Commonwealth is to pay the costs of the provision of the service.
(4) If the Tribunal makes a determination under subsection (2) or
(3), the costs to which the determination relates are payable by the
Commonwealth.
86 Subsection 159(1)
Omit “decision-maker”, substitute
“Secretary”.
Note: The heading to section 159 is altered by omitting
“decision-maker” and substituting
“Secretary”.
87 Subsection 159(2)
Repeal the subsection.
88 Subsection 167(5)
Omit “decision-maker”, substitute
“Secretary”.
Part 1—Amendment
of Migration Act 1958
1 Subsection 5(1)
Insert:
Administrative Review Tribunal means the Administrative
Review Tribunal established by the Administrative Review Tribunal Act
2000.
2 Subsection 5(1) (definition of Migration
Review Tribunal)
Repeal the definition.
3 Subsection 5(1) (definition of Refugee
Review Tribunal)
Repeal the definition.
4 Subsection 5(1) (definition of
RRT-reviewable decision)
Repeal the definition.
5 Paragraphs 5(9)(a) and
(b)
Omit “or 7”.
6 After subsection 52(3)
Insert:
(3A) A visa applicant must tell the Minister the address at which the
applicant intends to live while the application is being dealt with.
(3B) If the applicant proposes to change the address at which he or she
intends to live for a period of 14 days or more, the applicant must tell the
Minister the address and the period of proposed residence.
(3C) If, in accordance with the regulations, 2 or more non-citizens apply
for visas together, notifications given to any of them about the application are
taken to be given to each of them.
Note 1: If the Minister gives a person a document by a
method specified in section 494B, the person is taken to have received the
document at the time specified in section 494C in respect of that
method.
Note 2: If a person gives the Minister notice under
section 494D, documents that would have been given to the person will be
given to the person’s authorised recipient.
Note: The heading to section 52 is replaced by the
heading “Communication with Minister”.
7 Section 53
Repeal the section.
8 Paragraph 57(3)(b)
Omit “or 7”.
9 Paragraph 66(2)(c)
Omit “and”.
10 Paragraph 66(2)(d)
Repeal the paragraph.
11 At the end of subsection
66(2)
Add:
Note: If a decision is reviewable under Part 5,
notification of the decision must include information about review rights: see
section 340.
12 Paragraph 66(3)(b)
Omit “or 7”.
13 Subsection 69(1)
After “Subdivision AA or AB”, insert “or
section 494D”.
14 Paragraph 91G(2)(a)
Omit “the Migration Review Tribunal, the Refugee Review Tribunal, the
Administrative Appeals Tribunal”, substitute “the Administrative
Review Tribunal”.
15 Section 99
Omit “Tribunal”, substitute “tribunal”.
16 Subsection 114(1)
Omit “, the Administrative Appeals Tribunal, the Migration Review
Tribunal or the Refugee Review Tribunal,”, substitute “or the
Administrative Review Tribunal”.
17 Subsection 127(2)
Repeal the subsection, substitute:
(2) Notification of a decision to cancel a visa must specify the ground
for the cancellation.
Note: If a decision is reviewable under Part 5,
notification of the decision must include information about review rights: see
section 340.
18 At the end of subsection
134(1)
Add:
Note: A decision to cancel a business visa under this
subsection is a reviewable general visa decision for the purposes of Part 5
(which deals with review of decisions by the Administrative Review
Tribunal).
19 At the end of subsection
134(3A)
Add:
Note: A decision to cancel an investment-linked visa under
this subsection is a reviewable general visa decision for the purposes of
Part 5 (which deals with review of decisions by the Administrative Review
Tribunal).
20 At the end of subsection
134(4)
Add:
Note: A decision to cancel a business visa under this
subsection is a reviewable general visa decision for the purposes of Part 5
(which deals with review of decisions by the Administrative Review
Tribunal).
21 Subsection 134(6)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
22 Subsection 134(7)
Repeal the subsection.
23 Paragraph 134(8)(a)
Omit “Appeals” (wherever occurring), substitute
“Review”.
24 Subparagraph
134(8)(b)(ii)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
25 Paragraph 134(8)(b)
Omit “Administrative Appeals Tribunal gives”, substitute
“Administrative Review Tribunal gives”.
26 Section 136
Repeal the section.
27 Paragraph 178(2)(b)
Omit “, 351, 391, 417 or 454”, substitute “or
351”.
28 Paragraph 202(2)(c)
Omit “before the end of 30 days after the receipt by the non-citizen
of notice of the assessment”.
29 Subsection 202(5)
Repeal the subsection, substitute;
(5) Subsection 142(2) of the Administrative Review Tribunal Act
2000 does not apply to an application for review of an adverse security
assessment that was made for the purposes of subsection (1) of this
section.
30 Paragraph 271(4)(a)
Omit “or the Migration Review Tribunal”.
31 Subsection 271(4) (paragraphs (b) and
(c) of the definition of migration proceedings)
Repeal the paragraphs, substitute:
(b) reviews by the Administrative Review Tribunal of decisions under this
Act.
32 Section 275 (definition of review
authority)
Repeal the definition.
33 Section 275
Insert:
reviewable general visa decision has the same meaning as in
Part 5.
34 Section 275
Insert:
reviewable protection visa decision has the same meaning as
in Part 5.
35 Section 275
Insert:
Tribunal means the Administrative Review Tribunal.
36 Paragraphs 276(1)(c) and
(d)
Repeal the paragraphs, substitute:
(c) preparing for proceedings before a court in relation to the visa
application or cancellation review application; or
(d) preparing for review by the Tribunal of a reviewable general visa
decision or a reviewable protection visa decision; or
(e) representing the visa applicant or cancellation review applicant in
proceedings before a court in relation to the visa application or cancellation
review application; or
(f) representing the visa applicant or cancellation review applicant in a
review by the Tribunal of a reviewable general visa decision or a reviewable
protection visa decision.
37 Paragraph 276(2)(c)
Repeal the paragraph, substitute:
(c) representing the other person in proceedings before a court that
relate to the visa for which the other person was nominating or sponsoring a
visa applicant (or seeking to nominate or sponsor a visa applicant) for the
purposes of the regulations; or
(d) representing the other person in a review by the Tribunal of a
reviewable general visa decision where the decision relates to the visa for
which the other person was nominating or sponsoring a visa applicant (or seeking
to nominate or sponsor a visa applicant) for the purposes of the
regulations.
38 Paragraph 277(1)(c)
Omit “any of the following”.
39 Subparagraphs 277(1)(c)(ii) and
(iii)
Repeal the subparagraphs, substitute:
; or (ii) review by the Tribunal of a reviewable general visa decision or
a reviewable protection visa decision relating to the visa application or
cancellation review application.
40 Paragraphs 277(3)(c) and
(d)
Repeal the paragraphs, substitute:
(c) the review by the Tribunal of a reviewable general visa decision where
the decision relates to the visa for which the person was nominating or
sponsoring the visa applicant (or seeking to nominate or sponsor the visa
applicant).
41 Section 295 (note)
Repeal the note, substitute:
Note: The applicant may apply to the Tribunal for review of
the decision. See section 306 of this Act. (Section 56 of the
Administrative Review Tribunal Act 2000 requires that a person whose
interests are affected by the Authority’s decision be given notice of his
or her right to seek review of the decision.)
42 Subsection 305(1) (note)
Repeal the note, substitute:
Note: Section 56 of the Administrative Review
Tribunal Act 2000 requires that a person whose interests are affected by the
Authority’s decision be given notice of his or her right to seek review of
the decision.
43 Paragraph 305(3)(a)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
44 Paragraph 305(3)(b)
Omit “the proceedings (including any appeals)”, substitute
“review and appeal action”.
45 Subsection 305(3)
Omit “those proceedings”, substitute “that review and
appeal action”.
46 Section 306
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
Note: The heading to section 306 is altered by omitting
“Administrative Appeals”.
47 Section 306
Omit “Administrative Appeals Tribunal for review”, substitute
“Tribunal for review”.
48 At the end of
section 306
Add:
(2) The review of a decision made by the Migration Agents Registration
Authority under this Division is to take place in the Commercial and General
Division of the Tribunal.
49 After subsection 321(2)
Insert:
Disclosure by the Tribunal to the Authority
(2A) The Tribunal may make a disclosure to the Migration Agents
Registration Authority.
50 Section 337
Insert:
applicant, in relation to the review of a decision to which
this Part applies, means the person who has applied for review of the
decision.
51 Section 337
Insert:
Chief Executive Officer has the same meaning as in the
Administrative Review Tribunal Act 2000.
52 Section 337
Insert:
consultant has the same meaning as in the Administrative
Review Tribunal Act 2000.
53 Section 337
Insert:
Immigration and Refugee Division means the Immigration and
Refugee Division mentioned in paragraph 11(b) of the Administrative Review
Tribunal Act 2000.
54 Section 337
Insert:
IRD executive member means the executive member appointed to
the Immigration and Refugee Division under subsection 14(1) of the
Administrative Review Tribunal Act 2000.
55 Section 337
Insert:
IRD member means:
(a) the IRD executive member; or
(b) a member appointed to the Immigration and Refugee Division under
subsection 14(2) of the Administrative Review Tribunal Act 2000;
or
(c) a member assigned to the Immigration and Refugee Division under
section 16 of the Administrative Review Tribunal Act 2000.
56 Section 337 (definition of
member)
Repeal the definition, substitute:
member has the same meaning as in the Administrative
Review Tribunal Act 2000.
57 Section 337 (definition of
MRT-reviewable decision)
Repeal the definition.
58 Section 337
Insert:
non-reviewable Minister’s decision means:
(a) a decision under subsection 500A(1) or (3); or
(b) a decision made by the Minister personally under subsection 501(1) or
(2); or
(c) a decision under subsection 501(3); or
(d) a decision under section 501A; or
(e) a decision under section 501B; or
(f) a decision that the Minister is taken to have made under subsection
501F(2) or (3).
59 Section 337
Insert:
President has the same meaning as in the Administrative
Review Tribunal Act 2000.
60 Section 337 (definition of Principal
Member)
Repeal the definition.
61 Section 337 (definition of
Registrar)
Repeal the definition.
62 Section 337
Insert:
reviewable deportation decision has the meaning given by
section 338D.
63 Section 337
Insert:
reviewable general character decision has the meaning given
by section 338B.
64 Section 337
Insert:
reviewable general visa decision has the meaning given by
section 338.
65 Section 337
Insert:
reviewable protection visa character decision has the meaning
given by section 338C.
66 Section 337
Insert:
reviewable protection visa decision has the meaning given by
section 338A.
67 Section 337 (definition of Senior
Member)
Repeal the definition, substitute:
senior member has the same meaning as in the
Administrative Review Tribunal Act 2000.
68 Section 337
Insert:
staff has the same meaning as in the Administrative Review
Tribunal Act 2000.
69 Section 337 (definition of
Tribunal)
Omit “Migration”, substitute
“Administrative”.
70 Division 2 of Part 5
(heading)
Repeal the heading, substitute:
71 Before section 338
Insert:
This Part applies to the following decisions:
(a) reviewable general visa decisions (see section 338);
(b) reviewable protection visa decisions (see
section 338A);
(c) reviewable general character decisions (see
section 338B);
(d) reviewable protection visa character decisions (see
section 338C);
(e) reviewable deportation decisions (see section 338D).
Note: Non-reviewable Minister’s decisions are not
covered by any of the above kinds of decisions and are therefore not reviewable
under this Part.
72 Subsection 338(1)
Omit “an MRT-reviewable decision”, substitute
“a reviewable general visa decision”.
Note: The heading to section 338 is replaced by the
heading “Reviewable general visa decisions”.
73 Paragraph 338(1)(b)
Omit “an RRT-reviewable decision”, substitute “a
reviewable protection visa decision”.
74 Paragraph 338(1)(c)
Repeal the paragraph, substitute:
(c) the decision is a reviewable general character decision; or
(d) the decision is a reviewable protection visa character decision;
or
(e) the decision is a non-reviewable Minister’s decision.
75 Subsection 338(2)
Omit “or made under section 501”, substitute “, (5),
(6), (7) or (8)”.
76 Subsection 338(2)
Omit “an MRT-reviewable decision”, substitute
“a reviewable general visa decision”.
77 Subsection 338(3)
Omit “an MRT-reviewable decision”, substitute
“a reviewable general visa decision”.
78 Paragraph 338(3)(a)
After “subsection (4)”, insert “or
(4A)”.
79 Paragraph 338(3)(b)
Omit “or”.
80 Paragraph 338(3)(c)
Repeal the paragraph.
81 Subsection 338(4)
Omit “MRT-reviewable decisions”, substitute
“reviewable general visa decisions”.
82 After subsection 338(4)
Insert:
(4A) A decision to cancel a visa under subsection 134(1), (3A) or (4) is a
reviewable general visa decision.
83 Subsections 338(5) to
(9)
Omit “an MRT-reviewable decision”, substitute
“a reviewable general visa decision”.
84 Paragraphs 338(5)(a), (6)(a) and
(7)(a)
Omit “not be granted while the non-citizen is in”, substitute
“be granted while the non-citizen is outside”.
85 Paragraph 338(8)(a)
Omit “not be granted while the applicant is in”, substitute
“be granted while the applicant is outside”.
86 After section 338
Insert:
A decision:
(a) to refuse to grant a protection visa; or
(b) to cancel a protection visa;
is a reviewable protection visa decision unless:
(c) the Minister has issued a conclusive certificate under
section 339 in relation to the decision; or
(d) the decision is made in relation to a non-citizen who is not in the
migration zone when the decision is made; or
(e) the decision is a reviewable protection visa character decision;
or
(f) the decision is a non-reviewable Minister’s decision.
A decision of a delegate of the Minister:
(a) to refuse to grant a visa, other than a protection visa, under
subsection 501(1); or
(b) to cancel a visa, other than a protection visa, under subsection
501(2);
is a reviewable general character decision unless the
Minister has issued a conclusive certificate under section 339 in relation
to the decision.
(1) A decision of a delegate of the Minister:
(a) to refuse to grant a protection visa under subsection 501(1);
or
(b) to cancel a protection visa under subsection 501(2);
is a reviewable protection visa character decision unless the
Minister has issued a conclusive certificate under section 339 in relation
to the decision.
(2) A decision:
(a) to refuse to grant a protection visa; or
(b) to cancel a protection visa;
relying on one or more of the following Articles of the Refugees
Convention, namely, Article 1F, 32 or 33(2), is a reviewable protection
visa character decision unless:
(c) the Minister has issued a conclusive certificate under
section 339 in relation to the decision; or
(d) a certificate under section 502 relates to the
decision.
A decision of the Minister under section 200 because of
circumstances specified in section 201 is a reviewable deportation
decision unless:
(a) the Minister has issued a conclusive certificate under
section 339 in relation to the decision; or
(b) a certificate under section 502 relates to the
decision.
87 At the end of
section 339
Add:
(2) To avoid doubt, the issue of a certificate under subsection (1)
is not reviewable under this Part.
88 After Division 2 of
Part 5
Insert:
(1) If:
(a) the Minister makes a decision to which this Part applies;
and
(b) neither another provision of this Act nor the regulations provide for
the person to whom the decision relates to be given written notice of:
(i) the decision; and
(ii) the reasons for the decision;
the Minister must give the person such written notice.
(2) The notice must be given:
(a) except where paragraph (b) applies—by one of the methods
specified in section 494B; or
(b) if the person to whom the decision relates is in immigration
detention—by a method prescribed for the purposes of giving documents to
such a person.
If notice of a decision to which this Part applies is given to the person
to whom the decision relates (whether under section 339A or any other
provision of this Act or the regulations), the notice must:
(a) state that an application may be made to the Tribunal for review of
the decision; and
(b) state the period within which the application for review can be made;
and
(c) state who can apply; and
(d) contain, or be accompanied by, such additional information as is
prescribed for the purposes of this paragraph.
If:
(a) a reviewable general character decision; or
(b) a reviewable protection visa character decision;
relates to a person in the migration zone, the notice of the decision given
to the person must be accompanied by 2 copies of every document, or part of a
document, that:
(c) is in the possession or under the control of the person who made the
decision; and
(d) was relevant to the making of the decision; and
(e) does not contain non-disclosable information.
A failure to comply with a requirement of this Division does not affect
the validity of a decision.
89 Division 3 of Part 5
(heading)
Repeal the heading, substitute:
90 Section 347
Repeal the section, substitute:
Application may be made, in accordance with this Part, for review by the
Tribunal of a decision to which this Part applies.
The review by the Tribunal of a decision to which this Part applies is to
take place in the Immigration and Refugee Division of the Tribunal.
(1) The following provisions of the Administrative Review Tribunal Act
2000 do not apply to the review by the Tribunal of a decision to which this
Part applies:
(a) the definition of core provision in
section 6;
(b) section 7;
(c) the notes below the headings to Parts 2 and 3;
(d) Parts 4 to 10.
(2) Paragraph 28(3)(f) of the Administrative Review Tribunal Act
2000 applies, in relation to any IRD member, as if, in addition to referring
to obligations under section 75 or subsection 161(7) of the
Administrative Review Tribunal Act 2000, that paragraph referred to
obligations under paragraph 353(c) and section 355B of the Migration Act
1958.
Reviewable general visa decisions
(1) An application for review of a reviewable general visa decision may
only be made by:
(a) if the decision is covered by subsection 338(2), (3) or (4)—the
non-citizen who is the subject of that decision, and only if he or she is in the
migration zone when the application for review is made; or
(b) if the decision is covered by subsection 338(4A)—the non-citizen
who is the subject of that decision; or
(c) if the decision is covered by subsection 338(5) or (8)—the
sponsor or nominator mentioned in that subsection; or
(d) if the decision is covered by subsection 338(6) or (7)—the
relative mentioned in that subsection; or
(e) if the decision is covered by subsection 338(7A)—the non-citizen
who is the subject of that decision, and only if he or she:
(i) was in the migration zone at the time when the decision was made;
and
(ii) is in the migration zone when the application for review is made;
or
(f) if the decision is covered by subsection 338(9)—the person
prescribed for the purposes of this paragraph in respect of the
decision.
Reviewable protection visa decisions
(2) An application for review of a reviewable protection visa decision may
only be made by the non-citizen who is the subject of that decision, and only if
the non-citizen is in the migration zone when the application is made.
Reviewable general character decisions
(3) An application for review of a reviewable general character decision
may only be made by a person who would be able to make an application for review
of the decision under this Part if the decision had been a reviewable general
visa decision.
Reviewable protection visa character decisions
(4) An application for review of a reviewable protection visa character
decision may only be made by the non-citizen who is the subject of that
decision, and only if the non-citizen is in the migration zone when the
application is made.
Reviewable deportation decisions
(5) An application for review of a reviewable deportation decision may
only be made by a person whose interests are affected by the decision and who
is:
(a) an Australian citizen; or
(b) a lawful non-citizen whose continued presence in Australia is not
subject to any limitation as to time imposed by law.
Form of application
(1) An application for review of a decision to which this Part applies
must be made in the manner and form specified in directions under
section 353A.
Reviewable general character decisions and reviewable protection visa
character decisions—documents to be provided if applicant is in the
migration zone
(2) If:
(a) a reviewable general character decision; or
(b) a reviewable protection visa character decision;
relates to a person in the migration zone, an application to the Tribunal
for review of the decision must be accompanied by:
(c) the document, or a copy of the document, notifying the person of the
decision in accordance with subsection 501G(1); and
(d) one of the sets of documents given to the person under
section 341.
Application to be accompanied by fee or waiver application
(1) If the regulations provide that a fee is payable for making an
application for review of a decision to which this Part applies (the
review application), the application must be accompanied
by:
(a) the fee; or
(b) an application for waiver of the fee.
Waiver of fee
(2) If an application for waiver of the fee is made, the Tribunal must
decide, in accordance with the regulations, whether to waive the fee.
Consequence if fee not waived
(3) If the Tribunal does not waive the fee:
(a) the Tribunal must give written notice of its decision to the
applicant:
(i) except where subparagraph (ii) applies—by one of the
methods specified in section 379A; or
(ii) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person; and
(b) the applicant must pay the fee within 14 days after receiving the
notice; and
(c) if the applicant does not do so, the review application does not
comply, and is taken never to have complied, with the requirements of this
section.
Reviewable general visa decisions
(1) An application for review of a reviewable general visa decision must
be given to the Tribunal within the period prescribed for the purposes of this
subsection in respect of the decision.
(2) If the decision is covered by subsection 338(2), (3), (4) or (7A), the
period prescribed must end not later than 28 days after the day on which the
applicant receives notice of the decision that complies with
section 340.
(3) If the decision is covered by subsection 338(5), (6), (7) or (8), the
period prescribed must end not later than 70 days after the day on which the
applicant receives notice of the decision that complies with
section 340.
Note: This section does not set limits for the periods
prescribed for decisions covered by subsections 338(4A) and
(9).
Reviewable protection visa decisions
(4) An application for review of a reviewable protection visa decision
must be given to the Tribunal within the period prescribed for the purposes of
this subsection. The period prescribed must end not later than 28 days after the
day on which the applicant receives notice of the decision that complies with
section 340.
Reviewable general character decisions and reviewable protection visa
character decisions
(5) An application for review of a reviewable general character decision
or a reviewable protection visa character decision must be given to the Tribunal
not later than:
(a) if the decision relates to a person in the migration zone—9 days
after the day on which the applicant receives:
(i) notice of the decision that complies with section 340;
and
(ii) copies of documents relevant to the making of the decision in
accordance with section 341;
or, if the applicant receives the notice and the copies on different
days—the later of those days; or
(b) in any other case—28 days after the day on which the applicant
receives notice of the decision that complies with section 340.
Reviewable deportation decisions
(6) An application for review of a reviewable deportation decision must be
given to the Tribunal not later than 28 days after the day on which the
applicant receives notice of the decision that complies with
section 340.
Note: If the Minister gives a person a document by a method
specified in section 494B, the person is taken to have received the
document at the time specified in section 494C in respect of that
method.
(1) An applicant for review of a decision to which this Part applies may,
at any time before the review ends, give the Tribunal one or more of the
following:
(a) written statements about any matters of fact that the applicant wishes
the Tribunal to consider in relation to the review;
(b) written arguments about issues arising in relation to the
review;
(c) any document or thing that the applicant wishes the Tribunal to
consider in relation to the review.
(2) The written statements, written arguments, documents or things must be
given in accordance with directions under section 353A.
(1) If an application for review of a decision to which this Part applies
is made to the Tribunal, the Chief Executive Officer must give the Secretary
notice of the application in accordance with directions under
section 353A.
(2) If the application is for the review of:
(a) a reviewable general character decision; or
(b) a reviewable protection visa character decision;
that relates to a person in the migration zone, directions under
section 353A must specify the period within which, and the manner in which,
notice of the application must be given under subsection (1).
(1) If the Secretary is given notice of an application for review of a
decision to which this Part applies (other than a decision mentioned in
paragraph (3)(a)), the Secretary must give the Chief Executive
Officer:
(a) a statement about the decision that:
(i) sets out the findings of fact made by the person who made the
decision; and
(ii) refers to the evidence on which those findings were based;
and
(iii) gives the reasons for the decision; and
(b) each other document, or part of a document, that:
(i) is in the Secretary’s possession or control; and
(ii) is considered by the Secretary to be relevant to the review of the
decision.
(2) The Secretary must give the statement and the documents, or parts of
documents:
(a) in the manner and form specified in directions under
section 353A; and
(b) within the time specified in directions under
section 353A.
(3) If:
(a) the Secretary is given notice of an application for review
of:
(i) a reviewable general character decision; or
(ii) a reviewable protection visa character decision;
that relates to a person in the migration zone; and
(b) the Secretary has documents, or parts of documents, that:
(i) he or she considers to be relevant to the review of the decision;
and
(ii) contain non-disclosable information;
the Secretary must give the documents, or parts of documents, to the Chief
Executive Officer:
(c) within 14 working days after he or she receives notice of the
application; and
(d) in the manner and form specified in directions under
section 353A.
Note: An application for review of a reviewable general
character decision or a reviewable protection visa character decision, that
relates to a person in the migration zone, must be accompanied by the notice (or
a copy) of the decision given to the applicant under section 501G and one
set of the documents given to the person under section 341: see subsection
346(2).
(1) The Secretary may, at any time before the review of a decision to
which this Part applies ends, give the Tribunal one or more of the
following:
(a) written statements about any matters of fact that the Secretary wishes
the Tribunal to consider in relation to the review;
(b) written arguments about issues arising in relation to the
review;
(c) any document or thing that the Secretary wishes the Tribunal to
consider in relation to the review.
(2) The Secretary must give the written statements, written arguments,
documents or things in accordance with directions under
section 353A.
91 Subsection 348(1)
Omit “an application is properly made under section 347 for
review of an MRT-reviewable decision”, substitute “an application
for review of a decision to which this Part applies complies with the
requirements of sections 344, 346, 346A and 347”.
Note: The heading to section 348 is altered by omitting
“Migration Review”.
92 After subsection 348(1)
Insert:
(1A) If an application for review of a decision to which this Part applies
does not comply with the requirements of sections 344, 346, 346A and 347,
the Tribunal must not review the decision.
93 After section 348
Insert:
If:
(a) an application for review of a reviewable general character decision
or a reviewable protection visa character decision is made to the Tribunal;
and
(b) the decision relates to a person in the migration zone;
the Tribunal must not begin to review the decision until at least 14 days
after the Secretary receives notice that the application has been
made.
94 Subsection 349(1)
Omit “an MRT-reviewable decision”, substitute “a decision
to which this Part applies”.
Note: The heading to section 349 is altered by omitting
“Migration Review”.
95 Subsection 349(2)
Repeal the subsection, substitute:
(2) If the decision is not a decision that is prescribed for the purposes
of subsection (2A), the Tribunal may:
(a) affirm the decision; or
(b) set the decision aside and:
(i) make a decision in substitution for the decision so set aside;
or
(ii) remit the matter for reconsideration in accordance with any
directions or recommendations of the Tribunal.
(2A) If the decision is a decision that is prescribed for the purposes of
this subsection, the Tribunal may:
(a) affirm the decision; or
(b) set the decision aside and remit the matter for reconsideration in
accordance with any directions or recommendations of the Tribunal that are
permitted by regulations made for the purposes of this paragraph.
(2B) To avoid doubt, the Tribunal may affirm a decision under
paragraph (2)(a) or (2A)(a) for reasons other than the reasons given for
the decision under section 339A or another provision of this Act or the
regulations.
96 Subsection 351(1)
After “under section 349”, insert:
made on review of:
(a) a reviewable general visa decision; or
(b) a reviewable protection visa decision;
97 Paragraph 351(5)(b)
Repeal the paragraph, substitute:
(b) any information that may identify the applicant; or
(c) if the Minister thinks that it would not be in the public interest to
publish the name of another person connected in any way with the matter
concerned—the name of that other person or any information that may
identify that other person.
98 Section 352
Repeal the section, substitute:
(1) If an application for review of a decision to which this Part applies
has been made to the Tribunal, the applicant may, by giving the Tribunal written
notice in accordance with any directions under section 353A, withdraw the
application at any time.
(2) If the application is withdrawn:
(a) the review of the decision ends; and
(b) the Tribunal must notify the Secretary, by one of the methods
specified in section 379B, of the withdrawal of the application and of the
ending of the review.
99 Section 353
Repeal the section, substitute:
In carrying out its functions under this Part, the Tribunal:
(a) is to act with as little formality and technicality as a proper
consideration of the matters before it permits; and
(b) is not bound by the rules of evidence, but may inform itself on any
matter in such manner as it thinks appropriate; and
(c) must comply with directions under section 353A.
100 Subsection 353A(1)
Omit “The Principal Member”, substitute “Subject to
subsection (1A), the Minister, the President or the IRD executive
member”.
Note: The heading to section 353A is altered by
omitting “Principal Member” and substituting
“Minister, President and IRD executive
member”.
101 Paragraphs 353A(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) the conduct of reviews of decisions to which this Part applies;
and
(b) the allocation of the work of the Tribunal in relation to such
reviews; and
(c) the number of members who are to constitute the Tribunal for
particular reviews of decisions to which this Part applies and the expertise of
those members; and
(d) priorities for reviewing decisions to which this Part applies;
and
(e) any other aspect of the operation of the Tribunal that relates to
reviews of decisions to which this Part applies; and
(f) any matter that is permitted or required by any provision of this Act
or the regulations to be dealt with in the directions.
102 After subsection
353A(1)
Insert:
(1A) The Minister must not give a direction under subsection (1) in
relation to a particular review.
103 Subsection 353A(2)
Omit “In particular, the directions”, substitute “The
directions”.
104 After subsection
353A(2)
Insert:
(2A) Directions given by the Minister prevail over directions given by the
President or by the IRD executive member, to the extent of any inconsistency.
Directions given by the President prevail over directions given by the IRD
executive member, to the extent of any inconsistency.
105 Subsections 353A(3) and
(4)
Repeal the subsections, substitute:
(3) If, in the review of a decision to which this Part applies, the
Tribunal fails to comply with a direction under this section, the
decision:
(a) is not invalid by reason of that failure; and
(b) in spite of subsection 476(1), but subject to subsection (4) of
this section, is not reviewable under Part 8 by reason of that
failure.
(4) Paragraph (3)(b) does not apply to a direction under this section
that is:
(a) covered by one of the following provisions:
(i) subsection 360(2);
(ii) subsection 360B(4);
(iii) subsection 361(3);
(iv) subsection 361A(4);
(v) paragraph 366A(2)(b);
(vi) subsection 366A(3);
(vii) subsection 366B(1);
(viii) section 366D; or
(b) prescribed for the purposes of this paragraph.
(5) In spite of paragraph 3(d) of the Administrative Review Tribunal
Act 2000, directions under this section may provide for the review of a
decision to which this Part applies to be conducted in an adversarial
way.
106 After section 353A
Insert:
(1) Subject to this section, the Tribunal may determine its own practice
and procedure for the conduct of a review.
(2) The Tribunal must not make a determination under this section that is
inconsistent with this Act, the regulations or directions under
section 353A.
107 Subsection 354(1)
Omit “a particular review, the Tribunal shall be constituted, in
accordance with a direction under subsection (2)”, substitute
“the review of a decision to which this Part applies, the Tribunal is to
be constituted, in accordance with directions under
section 353A”.
108 At the end of paragraph
354(1)(a)
Add “or”.
109 Paragraph 354(1)(c)
Repeal the paragraph, substitute:
(c) 3 members;
who, except in the case of a member who is the President, are IRD
members.
110 Subsection 354(2)
Omit “The Principal Member, or a Senior Member acting in accordance
with guidelines under subsection (3),”, substitute “The
President or the IRD executive member, acting in accordance with directions
under section 353A,”.
111 Subsection 354(2)
Omit “a particular”, substitute “the”.
112 Subsection 354(3)
Repeal the subsection, substitute:
(3) Subject to directions under section 353A, the President or the
IRD executive member is to direct that 2 or 3 members are to review the decision
only if the President or the IRD executive member, as the case may be,
considers that it is appropriate to do so:
(a) because the review raises a principle, or issue, of general
significance; or
(b) because one or more of the members have particular expertise of
relevance; or
(c) to provide developmental experience for one or more IRD
members.
113 Subsection 355(1)
Omit “a particular review”, substitute “the review of a
decision to which this Part applies”.
114 Subsection 355(2)
Omit “Principal Member shall direct another member or members”,
substitute “President or IRD executive member must, in writing, direct one
or more other IRD members”.
115 Subsection 355(3)
Omit “Principal Member shall either”, substitute
“President or IRD executive member must, in writing,”.
116 Paragraph 355(3)(b)
Omit “another member or members”, insert “one or more
other IRD members”.
117 Subsection 355(4)
Omit “shall”, substitute “must”.
118 Subsection 355(4)
Omit “of the proceedings”.
119 Subsection 355(5)
Repeal the subsection.
120 Subsections 355A(1) and
(2)
Repeal the subsections, substitute:
(1) If the President or IRD executive member thinks that the Tribunal, as
constituted for the purposes of the review of a decision to which this Part
applies, should be reconstituted:
(a) for the purposes of ensuring that the review is fair, just,
economical, informal and quick; or
(b) because he or she is satisfied that a member, or members, of the
Tribunal have not complied with a direction under section 353A in relation
to the review;
he or she may direct in writing that the Tribunal be reconstituted by
either or both of the following:
(c) removing one or more members; or
(d) adding one or more IRD members.
(2) To avoid doubt, the President or IRD executive member may direct that
the Tribunal be reconstituted under subsection (1) whether or not the
Tribunal has previously been reconstituted under that subsection or under
section 355.
Note: The heading to section 355A is altered by
omitting “efficient conduct of review”, substituting
“other reasons”.
121 Subsection 355A(3)
Omit “under this section is given”, substitute “is given
under subsection (1)”.
122 Subsection 355A(3)
Omit “of the proceedings”.
123 After section 355A
Insert:
Members must comply with any directions under section 354, 355 or
355A.
124 Subsection 356(1)
Omit “a review”, substitute “the review of a decision to
which this Part applies”.
125 Subsection 356(1)
Omit “shall”, substitute “must”.
126 Subsection 356(2)
Omit “a review”, substitute “the review of a decision to
which this Part applies”.
127 Subsection 356(2)
Omit “shall”, substitute “must”.
128 Subsection 357(1)
Omit “a review by the Tribunal”, substitute “the review
of a decision to which this Part applies”.
129 Subsection 357(2)
Omit “Principal Member is”, substitute “President
is”.
130 Subsection 357(2)
Omit “Principal Member shall”, substitute “President is
to”.
131 Subsection 357(3)
Repeal the subsection, substitute:
(3) If:
(a) the IRD executive member is one of the members of the Tribunal as
constituted for the purpose of the review; and
(b) the President is not one of the members of the Tribunal as constituted
for the purpose of the review;
the IRD executive member is to preside at the review.
(3A) If:
(a) a senior member is the only senior member of the Tribunal as
constituted for the purpose of the review; and
(b) neither the President nor the IRD executive member is a member of the
Tribunal as constituted for the purpose of the review;
the senior member is to preside at the review.
132 Subsection 357(4)
Omit “neither subsection (2) nor (3) applies, the Principal
Member shall”, substitute “none of subsections (2), (3) and
(3A) applies, the President or IRD executive member must”.
133 Section 358
Repeal the section.
134 Subsection 359(1)
After “conducting the review”, insert “of a decision to
which this Part applies”.
Note: The heading to section 359 is altered by omitting
“seek additional” and substituting “get any
relevant”.
135 Subsection 359(2)
Omit “invite a person to give additional”, substitute “,
in writing, invite any person to give”.
136 Subsections 359(3) and
(4)
Repeal the subsections, substitute:
(3) If an invitation is given to a person other than the Secretary, the
invitation must:
(a) be given:
(i) except where subparagraph (ii) applies—by one of the
methods specified in section 379A; or
(ii) if the invitation is given to an applicant in immigration
detention—by a method prescribed for the purposes of giving documents to
such a person; and
(b) contain a summary of the effect of section 362C.
(4) If an invitation is given to the Secretary, the invitation must be
given by one of the methods specified in section 379B.
137 Subsection 359A(1)
Omit “subsection (2)”, substitute
“sections 375A and 376”.
138 Subsections 359A(2) and
(3)
Repeal the subsections, substitute:
(2) The information and invitation must be given to the
applicant:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
139 Paragraphs 359A(4)(b) and
(c)
Repeal the paragraphs, substitute:
(b) that has already been given to:
(i) the applicant; or
(ii) if the decision relates to a person other than the
applicant—that other person; or
(c) that has been provided:
(i) by the applicant (the review applicant) in connection
with his or her application; or
(ii) if the decision relates to an application for a visa made by a person
other than the review applicant—by that other person in connection with
that visa application.
140 Subsection 359B(1)
Omit “additional” (wherever occurring).
Note: The heading to section 359B is altered by
omitting “additional”.
141 Subsection 359B(2)
Omit “additional”.
142 Subsection 359B(2)
Omit “being a prescribed period or, if no period is prescribed, a
reasonable period”, substitute “being a period specified in
accordance with directions under section 353A”.
143 Paragraph 359B(3)(b)
Omit “prescribed period or, if no period is prescribed, a reasonable
period”, substitute “period specified in accordance with directions
under section 353A”.
144 Subsection 359B(4)
Omit “within a prescribed period”, substitute “within a
specified period”.
145 Subsection 359B(4)
Omit “prescribed further period”, substitute “further
period or periods in accordance with directions under
section 353A”.
146 Subsection 359B(5)
Omit “within a prescribed period”, substitute “within a
specified period”.
147 Paragraph 359B(5)(b)
Omit “for a prescribed further period”, substitute “in
accordance with directions under section 353A”.
148 Sections 359C, 360, 360A, 361 and
362
Repeal the sections, substitute:
If:
(a) an application for review of a reviewable general character decision
or a reviewable protection visa character decision is made to the Tribunal;
and
(b) the decision relates to a person in the migration zone; and
(c) the Tribunal is of the opinion that particular documents, or documents
included in a particular class of documents, may be relevant to the
Tribunal’s review of the decision;
then:
(d) the Tribunal may give the Secretary a notice in writing:
(i) stating that the Tribunal is of that opinion; and
(ii) requiring the Secretary to give the Tribunal, within the period
specified in the notice, 2 copies of each of those documents that is in the
Secretary’s possession or under the Secretary’s control;
and
(e) the Secretary must comply with the notice.
(1) If:
(a) an application is made for review of a decision to which this Part
applies; and
(b) the Secretary has given the Tribunal any documents required under
section 347C or 359C in relation to the review; and
(c) if an invitation has been given to a person under section 359 in
relation to the review—the period within which the person was to respond
to the invitation has expired; and
(d) if an invitation has been given to the applicant under
section 359A—the period within which the applicant was to respond to
the invitation has expired;
the Tribunal must consider whether the review should be
conducted:
(e) without the applicant or any other person being permitted to appear
before the Tribunal; and
(f) without any person being summoned before the Tribunal to give
evidence.
(2) Directions under section 353A may specify decisions that must not
be reviewed in the manner mentioned in paragraphs (1)(e) and (f).
(1) This section applies if, in considering whether the review should be
conducted in the manner mentioned in paragraphs 360(1)(e) and (f), the Tribunal
considers that, on the basis of the material before it at the time, it should
decide the review in the applicant’s favour.
Directions under section 353A may provide for the Secretary to be
given notice that this section applies
(2) Directions under section 353A may provide that, in relation to a
particular review, the Tribunal must do either or both of the
following:
(a) give the Secretary written notice that the Tribunal considers that the
review should be decided as mentioned in subsection (1);
(b) invite the Secretary to give the Tribunal written submissions about
whether the review should be conducted in that manner.
(3) Such notice or invitation must be given to the Secretary by one of the
methods specified in section 379B.
(4) Any written submissions given to the Tribunal by the Secretary in
response to an invitation must be given within the time, and in the manner and
form, specified in the invitation in accordance with directions under
section 353A.
Tribunal may decide review under this section
(5) If the Tribunal has:
(a) complied with any relevant directions under section 353A;
and
(b) taken into account any written submissions given to the Tribunal by
the Secretary on invitation as mentioned in paragraph (2)(b);
the Tribunal may decide the review as mentioned in
subsection (1).
Notice to applicant
(1) If the Tribunal:
(a) does not decide the review under section 360A; and
(b) considers that the review should be conducted in the manner mentioned
in paragraphs 360(1)(e) and (f);
the Tribunal must give notice in writing to the applicant:
(c) stating that it intends to so conduct the review; and
(d) inviting the applicant to give the Tribunal:
(i) written submissions about whether the review should be conducted in
that manner; and
(ii) written statements about any matters of fact that the applicant
wishes the Tribunal to consider in relation to the review; and
(iii) written arguments about issues arising in relation to the review;
and
(iv) any document or thing that the applicant wishes the Tribunal to
consider in relation to the review; and
(e) stating the period, specified in directions under section 353A,
within which any such written submissions, written statements, written
arguments, documents or things must be given to the Tribunal; and
(f) stating any requirements specified in directions under
section 353A as to the manner or form in which those written submissions,
written statements, written arguments, documents or things must be given to the
Tribunal.
(2) The notice must be given:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
(3) The notice under subsection (1) may be given in a single document
or in 2 or more documents that are given to the applicant together.
Directions under section 353A may provide for notice to
Secretary
(4) Directions under section 353A may provide that, in the case of a
particular review, the Tribunal must do either or both of the
following:
(a) give the Secretary written notice that the Tribunal considers that the
review should be conducted as mentioned in paragraphs 360(1)(e) and
(f);
(b) invite the Secretary to give the Tribunal written submissions about
whether the review should be conducted in that manner.
(5) The notice or invitation must be given to the Secretary by one of the
methods specified in section 379B.
(6) Written submissions given to the Tribunal by the Secretary in response
to an invitation must be given within the time, and in the manner and form,
specified in directions under section 353A.
If the Tribunal:
(a) has taken into account any written submissions, written statements,
written arguments, documents or things given to the Tribunal by the applicant on
invitation as mentioned in subsection 360B(1); and
(b) has taken into account any written submissions given to the Tribunal
by the Secretary on invitation as mentioned in paragraph 360B(4)(b);
and
(c) has complied with any relevant directions under
section 353A;
the Tribunal may, if it still considers that the review should be conducted
as mentioned in paragraphs 360(1)(e) and (f), so conduct the review.
Tribunal may permit person to appear
(1) At any stage in the review of a decision to which this Part applies,
the Tribunal may permit a person to appear before the Tribunal and, subject to
subsection (2), do any one or more of the following in relation to the
review:
(a) give evidence;
(b) make statements;
(c) present arguments;
(d) answer questions put by the Tribunal or another person appearing
before the Tribunal;
(e) ask questions of the Tribunal or another person giving evidence to the
Tribunal.
Tribunal’s control over persons appearing
(2) The Tribunal may:
(a) impose conditions on the person appearing or doing any of the one or
more things; and
(b) at any time withdraw its permission to appear or do any of the one or
more things; and
(c) direct the person as to the manner in which the person is to do any of
the one or more things.
Directions under section 353A may limit Tribunal’s
discretion
(3) Directions under section 353A may provide that, in particular
circumstances:
(a) a specified person or persons must be permitted to appear before the
Tribunal to do one or more of the things mentioned in subsection (1);
or
(b) the Tribunal cannot do particular things otherwise permitted by
subsection (2);
or both.
Notice to applicant
(1) If, in accordance with section 361, the Tribunal permits an
applicant to appear before the Tribunal, it must give notice in writing to the
applicant:
(a) stating that the applicant is permitted to appear before the Tribunal
to do one or more of the things mentioned in subsection 361(1); and
(b) stating the day on which, and the time and place at which, the
applicant is permitted to appear; and
(c) inviting the applicant to give the Tribunal:
(i) written statements about any matters of fact that the applicant wishes
the Tribunal to consider in relation to the review; and
(ii) written arguments about issues arising in relation to the review;
and
(iii) any document or thing that the applicant wishes the Tribunal to
consider in relation to the review; and
(d) stating the period specified in directions under section 353A
within which any such written statements, written arguments, documents or things
must be given to the Tribunal; and
(e) stating any requirements specified in directions under
section 353A as to the manner or form in which those written statements,
written arguments, documents or things must be given to the Tribunal;
and
(f) summarising the effect of sections 361B, 362B and 374.
(2) The notice must be given:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
(3) The time specified under paragraph (1)(b) must be after the end
of the period in paragraph (1)(d).
Directions under section 353A may provide for notice to
Secretary
(4) Directions under section 353A may provide that, in particular
circumstances, before the applicant appears before the Tribunal, the Tribunal
must do either or both of the following:
(a) give the Secretary written notice that the Tribunal has permitted the
applicant to appear before the Tribunal in the review;
(b) invite the Secretary:
(i) to appear before the Tribunal in the review; or
(ii) to give the Tribunal written submissions about whether the Secretary
should be permitted to appear before the Tribunal in the review.
(5) Any such notice or invitation must be given to the Secretary by one of
the methods specified in section 379B.
(6) Written submissions given to the Tribunal by the Secretary in response
to an invitation must be given within the time, and in the manner and form,
specified in directions under section 353A.
(1) The applicant may, within 7 days after receiving a notice under
section 361A, give the Tribunal written notice that he or she wants the
Tribunal to obtain:
(a) oral evidence from a person or persons named in the notice;
or
(b) written evidence from a person or persons named in the notice;
or
(c) other written material relevant to the review.
(2) If the Tribunal is given notice under subsection (1), the
Tribunal must have regard to the notice but is not required to comply with
it.
(3) To avoid doubt, nothing in this Division requires the Tribunal to
adjourn the review or to delay making a decision so that the Tribunal may obtain
evidence (oral or otherwise) from any person.
If a non-citizen who has made:
(a) an application for review of a reviewable protection visa decision
that has been decided by the Tribunal; or
(b) applications for reviews of reviewable protection visa decisions that
have been decided by the Tribunal;
makes a further application for review of a reviewable protection visa
decision, the Tribunal, in considering the further application:
(c) is not required to consider any information considered in the earlier
application or an earlier application; and
(d) may have regard to, and take to be correct, any decision that the
Tribunal made about or because of that information.
149 Subsection 362A(1)
Omit “subsections (2) and (3) of”.
Note: The heading to section 362A is replaced by the
heading “Access to documents and information—reviewable general
visa decisions”.
150 Subsection 362A(1)
Omit “assistant under section 366A”, substitute
“authorised review assistant”.
151 Subsection 362A(1)
Omit “written material, or a copy of any written material,”,
substitute “document or information”.
152 Subsection 362A(1)
After “the review”, insert “of a reviewable general visa
decision”.
153 Subsection 362A(2)
Omit “This”, substitute “Subject to subsection (2A),
this”.
154 After subsection
362A(2)
Insert:
(2A) If the applicant is a person other than the person to whom the
decision relates, the applicant is entitled to have access to any documents or
information that the person to whom the decision relates would have been
entitled to have access to under subsection (1) if that person were the
applicant.
155 Subsection 362A(3)
Repeal the subsection, substitute:
(3) This section does not apply if:
(a) the Tribunal has given its decision on the review under
section 367; or
(b) the Tribunal has ended the review without making a decision on the
review; or
(c) the review has ended because the applicant has withdrawn his or her
application.
156 At the end of
section 362A
Add:
(4) In this section:
authorised review assistant means a person authorised to act
on behalf of the applicant concerned in connection with the review of a decision
to which this Part applies.
157 Subsection 362B(1)
Omit “If the applicant”, substitute “If an
applicant”.
158 Paragraph 362B(1)(a)
Omit “is invited under section 360 to appear before the
Tribunal”, substitute “is given notice of permission to appear
before the Tribunal under section 361A”.
159 Subsection 362B(1)
Omit all the words after paragraph (b), substitute:
the Tribunal may:
(c) end the review without making a decision on the review; or
(d) make a decision on the review without taking any further action to
allow or enable the applicant to appear before it.
160 After section 362B
Insert:
(1) If, in the review of a decision to which this Part applies, a person,
other than the applicant:
(a) is invited under section 359 to give information; and
(b) does not give the information before the time for giving it has
passed;
the Tribunal may make a decision on the review without taking any further
action to obtain the information.
(2) If, in the review of a decision to which this Part applies, the
applicant:
(a) is invited under section 359 to give information; and
(b) does not give the information before the time for giving it has
passed;
the Tribunal may:
(c) end the review without making a decision on the review; or
(d) make a decision on the review without taking any further action to
obtain the information.
(3) If, in the review of a decision to which this Part applies, the
applicant:
(a) is invited under section 359A to comment on information;
and
(b) does not comment before the time for commenting has passed;
the Tribunal may:
(c) end the review without making a decision on the review; or
(d) make a decision on the review without taking any further action to
obtain the applicant’s comments on the information.
If, in the review of a decision to which this Part applies, the applicant
fails to comply with:
(a) any direction given, or condition or obligation imposed, by the
Tribunal under subsection 361(2); or
(b) any direction under section 353A;
in relation to the review, the Tribunal may end the review without making a
decision on the review.
(1) If the Tribunal ends the review of a decision to which this Part
applies without making a decision on the review, the Tribunal must give written
notice to the applicant and the Secretary that the review has so
ended.
(2) The Tribunal must do so within 14 days after the Tribunal ends the
review.
(3) The notice to the applicant must:
(a) be given:
(i) except where subparagraph (ii) applies—by one of the
methods specified in section 379A; or
(ii) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person; and
(b) contain a summary of the effect of section 362F.
(4) The notice to the Secretary must be given by one of the methods
specified in section 379B.
(1) If the Tribunal ends the review of a decision to which this Part
applies without making a decision on the review, the applicant may, within 14
days of receiving notice under section 362E that the review has ended,
apply to the Tribunal for reinstatement of the review.
(2) If such an application is made, the Tribunal may, subject to
directions under section 353A, reinstate the review and give such
directions as it thinks appropriate in relation to the conduct of the review as
a consequence of the reinstatement.
(3) If the Tribunal reinstates the review under subsection (2), the
Tribunal must give the applicant and the Secretary written notice of the
reinstatement:
(a) within the period specified in directions under section 353A;
and
(b) in the case of the notice to the applicant:
(i) except where subparagraph (ii) applies—by one of the
methods specified in section 379A; or
(ii) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person; and
(c) in the case of the notice to the Secretary—by one of the methods
specified in section 379B.
(4) To avoid doubt:
(a) the Tribunal must not reinstate the review unless the application is
made within the 14 days mentioned in subsection (1); and
(b) if the Tribunal does not reinstate the review, the Tribunal’s
failure to do so is a decision under this Part for the purposes of paragraph
475(1)(a).
161 Sections 363 and
363A
Repeal the sections, substitute:
(1) For the purpose of the review of a decision to which this Part
applies, the Tribunal may do one or more of the following:
(a) take evidence on oath or affirmation;
(b) adjourn the review from time to time;
(c) subject to sections 375A and 376, give information to the
applicant;
(d) give information to the Secretary.
(2) The oath is to be taken, or the affirmation is to be made, in
accordance with directions under section 353A.
(3) For the purpose of the review of:
(a) a reviewable general visa decision; or
(b) a reviewable protection visa decision;
the Tribunal may require the Secretary to arrange for the making of any
investigation, or any medical examination, that the Tribunal thinks necessary
with respect to the review, and to give to the Tribunal a report of that
investigation or examination.
162 Paragraph 364(1)(c)
Omit “Minister”, substitute “President or IRD executive
member”.
163 Subsection 364(4)
Omit “shall”, substitute “must”.
164 Subsection 364(5)
Omit “shall, for the purposes of section 360, be taken to have
given the applicant an opportunity”, substitute “is taken to have
permitted the applicant”.
165 After section 364
Insert:
(1) For the purpose of the review of a decision to which this Part
applies, the Tribunal may do one or more of the following:
(a) summon a person to appear before the Tribunal to give
evidence;
(b) summon a person to produce to the Tribunal documents or things that
are:
(i) in the possession or under the control of the person; and
(ii) identified in the summons;
(c) require a person appearing before the Tribunal to give evidence to
take an oath or make an affirmation;
(d) administer an oath or affirmation to a person so appearing.
(2) However, the Tribunal must not summon a person under
subsection (1) unless the person is in Australia.
(3) If the Tribunal summons a person under subsection (1), it must do
so in accordance with any requirements prescribed for the purposes of this
subsection.
The review of the following decisions must take place in
private:
(a) a reviewable protection visa decision;
(b) a reviewable protection visa character decision.
166 Subsection 365(1)
Repeal the subsection, substitute:
(1) This section applies to the review of a decision to which this Part
applies, other than:
(a) a reviewable protection visa decision; or
(b) a reviewable protection visa character decision.
(1A) Subject to subsections (2), (2A) and (3), if a person appears
before the Tribunal in the review, that part of the review is to take place in
public.
Note: The heading to section 365 is altered by
inserting “of other decisions” after
“Review”.
167 After subsection 365(2)
Insert:
(2A) In circumstances specified in directions under section 353A, the
Tribunal must direct that oral evidence is to be taken in private.
168 Subsection 365(4)
Omit “subsection (2) or (3), it may”, substitute
“subsection (2), (2A) or (3), it may, in accordance with directions
under section 353A,”.
169 Subsection 366(1)
Omit “review of a decision, the Tribunal may allow”, substitute
“review of a decision to which this Part applies, the Tribunal may direct
that”.
170 Subsection 366(1)
After “other person,”, insert “is”.
171 Subsection 366(2)
After “when a”, insert “part of a”.
172 Subsection 366A(2)
Omit “unless the Tribunal is satisfied that, because of exceptional
circumstances, the assistant should be allowed to do so.”,
substitute:
unless:
(a) the Tribunal is satisfied that, because of exceptional circumstances,
the assistant should be allowed to do so; or
(b) directions under section 353A provide that the assistant should
be allowed to do so.
Note: The heading to section 366A is replaced by the
heading “Representation and other
assistance—applicants”.
173 Subsection 366A(3)
Omit “Except as provided in this section, the”, substitute
“The”.
174 At the end of subsection
366A(3)
Add “unless directions under section 353A provide
otherwise”.
175 Subsection 366B(1)
Repeal the subsection, substitute:
(1) A person, other than the applicant, is not entitled, while appearing
before the Tribunal in the review of a decision to which this Part applies,
to:
(a) have another person present to assist him or her; or
(b) be represented by another person;
unless directions under section 353A provide otherwise.
Note: The heading to section 366B is replaced by the
heading “Representation and other assistance—persons other than
the applicant”.
176 Subsections 366C(1) and
(3)
After “to give evidence”, insert “in the review of a
decision to which this Part applies”.
177 At the end of
section 366D
Add “in the review of a decision to which this Part applies, unless
directions under section 353A provide otherwise”.
Note: The heading to section 366D is altered by
omitting “not permitted”.
178 Section 367
Repeal the section.
179 Sections 368 to
369
Repeal the sections, substitute:
Decisions covered by subsection 338(4)
(1) If the Tribunal reviews a decision covered by subsection 338(4), the
Tribunal must give its decision on the review within the period prescribed for
the purposes of this subsection.
Decisions prescribed by the regulations
(2) If the Tribunal reviews a decision (other than a decision covered by
subsection 338(4)) that is prescribed for the purposes of this subsection, the
Tribunal must give its decision on the review within the period prescribed for
the purposes of this subsection.
Period extended with applicant’s agreement
(3) If the applicant concerned agrees, the Tribunal may extend the period
mentioned in subsection (1) or (2).
(1) The Tribunal may give its decision on the review of a decision to
which this Part applies either:
(a) orally, subject to subsections (2) and (3); or
(b) in writing.
The decision must be given in accordance with directions under
section 353A.
Conditions on oral giving
(2) The Tribunal must not give its decision orally unless:
(a) the applicant, or a representative of the applicant, is present when
the decision is given; or
(b) the decision is communicated to the applicant or a representative of
the applicant, at the time it is given, by:
(i) telephone; or
(ii) closed-circuit television; or
(iii) any other means of communication specified in directions under
section 353A.
(3) The Tribunal must not give its decision orally on the review of a
reviewable protection visa decision or a reviewable protection visa character
decision unless the decision is given in private.
(1) If the Tribunal gives a decision in writing under section 367,
the Tribunal must give a copy of the decision to the applicant:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
When copy must be given to applicant
(2) Unless subsection (3) applies, the copy of the decision must be
given to the applicant within the period specified in directions under
section 353A.
(3) If the Tribunal gives its decision in writing on review of a decision
covered by subsection 338(4), the copy of the decision must be given to the
applicant within the period prescribed for the purposes of this
subsection.
(4) If the applicant concerned agrees, the Tribunal may extend the period
mentioned in subsection (2) or (3).
(1) After giving a decision on review under section 367, the Tribunal
must, subject to paragraphs 375A(2)(b) and 376(3)(b), prepare a written
statement that:
(a) sets out the decision; and
(b) sets out the reasons for the decision; and
(c) sets out the findings on any material questions of fact in relation to
the decision; and
(d) refers to the evidence or any other material on which the findings of
fact were based.
(2) The Tribunal must:
(a) give a copy of the statement to the applicant and to the Secretary
within 14 days of the Tribunal giving the decision under section 367;
and
(b) return to the Secretary any document, part of a document or thing that
the Secretary has provided in relation to the review; and
(c) give the Secretary a copy of any other document that contains evidence
or material on which the findings of fact were based.
(3) The Tribunal must give a copy of the statement:
(a) to the applicant:
(i) except where subparagraph (ii) applies—by one of the
methods specified in section 379A; or
(ii) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person; and
(b) to the Secretary, by one of the methods specified in
section 379B.
(1) If, after the Tribunal has prepared a statement under subsection
368A(1), the Tribunal is satisfied that there is an obvious error in the
statement, the Tribunal may alter the text of the statement to correct the
error.
(2) If the Tribunal alters the text of a statement, the Tribunal must give
a copy of the statement as altered:
(a) to the applicant concerned:
(i) except where subparagraph (ii) applies—by one of the
methods specified in section 379A; or
(ii) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person; and
(b) to the Secretary, by one of the methods specified in
section 379B.
(3) The powers of the Tribunal under this section may be exercised by the
President, the IRD executive member or the member who presided at the review to
which the statement relates.
(4) If the Tribunal alters the text of a statement:
(a) the text as altered is taken to be the statement; and
(b) for the purposes of paragraph 478(1)(b):
(i) the applicant is taken to have received a copy of the statement at the
time at which he or she receives the copy of the text as altered; and
(ii) the Secretary is taken to have received a copy of the statement at
the time at which he or she receives the copy of the text as altered.
Note 1: Paragraph 478(1)(b) allows 28 days after the
applicant receives the statement for lodging an application to the Federal Court
for review of a decision under this Part.
Note 2: If a person is given a document by a method
specified in section 379A or 379B, he or she is taken to have received the
document at the time specified in section 379C or 379D in respect of that
method.
If:
(a) an application for review of a reviewable general character decision
or a reviewable protection visa character decision is made; and
(b) the decision relates to a person in the migration zone; and
(c) the Tribunal has not given a decision under section 367 on the
review before the end of 84 days after the day on which the person
receives:
(i) notice of the decision that complies with section 340;
and
(ii) copies of documents relevant to the making of the decision in
accordance with section 341;
or, if the person receives the notice and the copies on different days,
the later of those days;
the Tribunal is taken to have given a decision under section 367
affirming the reviewable general character decision or the reviewable protection
visa character decision, as the case may be.
(1) The Chief Executive Officer may, subject to directions under
section 353A and any direction under section 378, publish any
statement prepared under subsection 368A(1).
(2) However, the Chief Executive Officer must, if the statement relates to
the review of a reviewable protection visa decision or a reviewable protection
visa character decision, only publish a version of the statement that:
(a) does not identify the applicant or any relative or dependant of the
applicant; and
(b) could not be used to identify the applicant or any relative or
dependant of the applicant.
180 Division 7 of
Part 5
Repeal the Division, substitute:
Note: The penalties stated at the foot of sections in this
Division are maximum penalties: see section 4D of the Crimes Act
1914.
Failure to give evidence
(1) A person summoned under this Part to appear before the Tribunal to
give evidence must not refuse or fail to comply with the summons.
Penalty: 30 penalty units or imprisonment for 6 months.
Refusal to produce document etc.
(2) Subject to section 375, a person summoned under this Part to give
the Tribunal a document or other thing must not refuse or fail to comply with
the summons.
Penalty: 30 penalty units or imprisonment for 6 months.
(3) Subject to section 375, a person required under this Part to give
the Tribunal a document or other thing must not refuse or fail to comply with
the requirement.
Penalty: 30 penalty units or imprisonment for 6 months.
Refusal to be sworn
(1) A person appearing before the Tribunal to give evidence, that is
required to be given under this Part on oath or affirmation, must not refuse or
fail to take an oath or make an affirmation.
Penalty: 30 penalty units or imprisonment for 6 months.
Refusal to answer questions
(2) Subject to section 375, a person appearing before the Tribunal to
give evidence under this Part must not refuse or fail to answer a question that
he or she is required by the Tribunal to answer.
Penalty: 30 penalty units or imprisonment for 6 months.
A person must not, under this Part, give the Tribunal evidence that the
person knows to be false or misleading in a material particular.
Penalty: 60 penalty units or imprisonment for 12 months.
A person must not obstruct or hinder the Tribunal or a member in the
exercise of powers or performance of functions under this Act.
Penalty: 60 penalty units or imprisonment for 12 months.
(1) This section applies to a person who is or has been:
(a) a member of the Tribunal; or
(b) a person acting as a member of the Tribunal; or
(c) the Chief Executive Officer, staff, or a consultant; or
(d) a person providing interpreting services in connection with a review
by the Tribunal; or
(e) a person exercising powers under subsection 364(1).
(2) This section applies to information or a document if the information
or document concerns a person and is obtained by a person to whom this section
applies in the course of performing functions or exercising powers under this
Act.
(3) A person to whom this section applies must not:
(a) make a record of any information to which this section applies;
or
(b) divulge or communicate to any person any information to which this
section applies;
unless the record is made or the information is divulged or
communicated:
(c) for the purposes of this Act; or
(d) for the purposes of, or in connection with, the performance of a
function or duty or the exercise of a power under this Act.
Penalty: 120 penalty units or imprisonment for 2 years.
(4) Subsection (3) applies to the divulging or communicating of
information whether directly or indirectly.
(5) A person to whom this section applies must not be required to produce
any document, or to divulge or communicate any information, to which this
section applies to or in:
(a) a court; or
(b) a tribunal; or
(c) any other authority or person (other than the Ombudsman) having power
to require the production of documents or the answering of questions;
unless it is necessary for the purposes of giving effect to this
Act.
(6) Nothing in this section affects a right that a person has under the
Freedom of Information Act 1982.
(7) For the purposes of this section, a person who is providing
interpreting services in connection with a review by the Tribunal is taken to be
performing a function under this Act.
(8) In this section:
produce includes permit access to.
A person must not refuse or fail to comply with any direction given by
the Tribunal under subsection 378(1) that is applicable to the person.
Penalty: 120 penalty units or imprisonment for 2 years.
Chapter 2 of the Criminal Code applies to all offences
against this Division.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
181 Sections 373 and
374
Repeal the sections, substitute:
Protection of members
(1) A member has, in performing his or her duties under this Part, the
same protection and immunity as a Justice of the High Court.
Protection of person exercising powers under subsection
364(1)
(2) A person exercising powers under subsection 364(1) has, in the
exercise of those powers, the same protection and immunity as a Justice of the
High Court.
Protection and liabilities of participants etc.
(3) An applicant or other person involved in the review of a decision to
which this Part applies has, when:
(a) appearing before, or giving documents or things to, the Tribunal;
or
(b) appearing at an interview to respond to an invitation to give
information under section 359 or comments under
section 359A;
the same protection as a witness in a proceeding in the High Court and is,
in addition to being subject to the penalties provided by this Act, subject to
the same liabilities as a witness in a proceeding in the High Court.
Protection of representatives etc.
(4) A person:
(a) appearing before the Tribunal to represent or otherwise assist an
applicant or person involved in the review of a decision to which this Part
applies; or
(b) appearing at an interview to represent or otherwise assist an
applicant or other person in responding to an invitation to give information
under section 359 or comments under section 359A;
has the same protection and immunity as a barrister has in appearing for a
party in a proceeding in the High Court.
An applicant for review of a decision to which this Part applies must
bear his or her own costs.
Prescribed fees and allowances
(1) A person summoned under this Part to appear before the Tribunal to
give evidence is entitled to be paid, for his or her attendance, any fees, and
allowances for expenses, that may be prescribed for the purposes of this
subsection.
Who must pay fees and allowances
(2) The fees and allowances must be paid:
(a) if the person was summoned at the request of an applicant—by the
applicant; or
(b) in any other case—by the Commonwealth.
(3) The Tribunal may direct that the fees and allowances of a person
referred to in paragraph (2)(a) be paid, in whole or in part, by the
Commonwealth.
Witness may recover fees and allowances
(4) If the Tribunal does not give a direction under subsection (3),
the fees and allowances payable by the applicant, as mentioned in
paragraph (2)(a), are recoverable by the person mentioned in that paragraph
as a debt due to the person by the applicant.
182 Section 375
Omit “the Secretary shall not,” substitute “the Secretary
must not, for the purposes of the review of a decision to which this Part
applies,”.
183 At the end of paragraph
375A(1)(b)
Add “for the purposes of the review of a decision to which this Part
applies”.
184 Subsection 376(2)
Omit “pursuant to a requirement of or under this Act”,
substitute “in relation to the review of a decision to which this Part
applies”.
185 Paragraph 376(2)(a)
Omit “shall”, substitute “must”.
186 Paragraph 376(3)(b)
Omit “or to any other person who has given oral or written evidence
to the Tribunal”.
187 At the end of
section 376
Add:
(4) If, in relation to the review of:
(a) a reviewable protection visa decision; or
(b) a reviewable protection visa character decision;
the Tribunal discloses any matter to the applicant under
subsection (3), the Tribunal must give a direction under section 378
in relation to the information.
188 Section 377
Repeal the section.
189 Subsection 378(1)
Omit “a review”, substitute “the review of a decision to
which this Part applies”.
190 Subsection 378(1)
After “published” (wherever occurring), insert “or
otherwise disclosed”.
191 After subsection 378(1)
Insert:
(1A) To avoid doubt, if the Tribunal gives a direction under
subsection (1), the Tribunal may at any time revoke or vary the direction
or substitute another direction for the direction.
192 Subsection 378(2)
After “publication”, insert “or
disclosure”.
193 Paragraph 378(2)(a)
Omit “section 368”, substitute
“section 368A”.
194 Subsection 378(3)
Repeal the subsection.
195 After section 378
Insert:
(1) Subject to subsection (3), the President may, in writing,
delegate all or any of his or her powers and functions under this Part to an IRD
member, the Chief Executive Officer, staff or a consultant.
(2) Subject to subsection (3), the IRD executive member may, in
writing, delegate all or any of his or her powers and functions under this Part
to an IRD member, the Chief Executive Officer, staff or a consultant.
(3) Neither the President, nor the IRD executive member, may delegate his
or her power to give directions under section 353A.
196 Subsection 379(1)
Omit “Sittings of the Tribunal shall”, substitute
“Reviews by the Tribunal of decisions to which this Part applies, are
to”.
Note: The heading to section 379 is replaced by the
heading “Tribunal reviews”.
197 Subsection 379(2)
Omit “The”, substitute “For the purpose of reviews by the
Tribunal of decisions to which this Part applies, the”.
198 Subsection 379(2)
Omit “sit and”.
199 Subsection 379(2)
Omit “sitting and”.
200 Section 379A
Repeal the section.
201 Division 9 of
Part 5
Repeal the Division, substitute:
If:
(a) a provision of this Act or the regulations requires or permits the
Tribunal to give a document to a person; and
(b) the provision does not state that the document must be
given:
(i) by one of the methods specified in section 379A or 379B;
or
(ii) by a method prescribed for the purposes of giving documents to a
person in immigration detention;
the Tribunal may give the document to the person by any method that it
considers appropriate (which may be one of the methods mentioned in
subparagraph (b)(i) or (ii) of this section).
Note: Under section 379G an applicant may give the
Tribunal the name of an authorised recipient who is to receive documents on the
applicant’s behalf.
Coverage of section
(1) For the purposes of provisions of this Part that:
(a) require or permit the Tribunal to give a document to a person (the
recipient); and
(b) state that the Tribunal must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, staff or a consultant handing the
document to the recipient.
Handing to a person at last residential or business
address
(3) Another method consists of a member, staff or a consultant handing the
document to another person who:
(a) is at the last residential or business address provided by the
recipient in connection with the review; and
(b) appears to live there (in the case of a residential address) or work
there (in the case of a business address); and
(c) appears to be at least 16 years of age.
Dispatch by prepaid post or by other prepaid means
(4) Another method consists of a member, staff or a consultant dating the
document, and then dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by prepaid post or by other prepaid means; and
(c) to:
(i) the last address for service provided by the recipient in connection
with the review; or
(ii) the last residential or business address provided by the recipient in
connection with the review.
Transmission by fax, e-mail or other electronic means
(5) Another method consists of a member, staff or a consultant
transmitting the document by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address, as the
case may be, provided to the Tribunal by the recipient in connection with the
review.
Coverage of section
(1) For the purposes of provisions of this Part that:
(a) require or permit the Tribunal to give a document to the Secretary;
and
(b) state that the Tribunal must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, staff or a consultant handing the
document to the Secretary or to an authorised officer.
Dispatch by post or by other means
(3) Another method consists of a member, staff or a consultant dating the
document, and then dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by post or by other means; and
(c) to an address, notified to the Tribunal in writing by the Secretary,
to which such documents can be dispatched.
Transmission by fax, e-mail or other electronic means
(4) Another method consists of a member, staff or a consultant
transmitting the document by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address notified
to the Tribunal in writing by the Secretary for the purpose.
(1) This section applies if the Tribunal gives a document to a person
other than the Secretary by one of the methods specified in section 379A
(including in a case covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to a person by the method in
subsection 379A(2) (which involves handing the document to the person), the
person is taken to have received the document when it is handed to the
person.
Handing to a person at last residential or business
address
(3) If the Tribunal gives a document to a person by the method in
subsection 379A(3) (which involves handing the document to another person at a
residential or business address), the person is taken to have received the
document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Tribunal gives a document to a person by the method in
subsection 379A(4) (which involves dispatching the document by prepaid post or
by other prepaid means), the person is taken to have received the
document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(5) If the Tribunal gives a document to a person by the method in
subsection 379A(5) (which involves transmitting the document by fax, e-mail or
other electronic means), the person is taken to have received the document at
the end of the day on which the document is transmitted.
(1) This section applies if the Tribunal gives a document to the Secretary
by one of the methods specified in section 379B (including in a case
covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(2) (which involves handing the document to the Secretary or to
an authorised officer), the Secretary is taken to have received the document
when it is handed to the Secretary or to the authorised officer.
Dispatch by post or by other means
(3) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(3) (which involves dispatching the document by post or by other
means), the Secretary is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(4) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(4) (which involves transmitting the document by fax, e-mail or
other electronic means), the Secretary is taken to have received the document at
the end of the day on which the document is transmitted.
If a provision of this Act requires or permits the Tribunal to give a
document to a person, the Tribunal may instead give a copy of the document to
the person by the same means as the Tribunal could give the document
itself.
(1) If, in relation to the review of a decision to which this Part
applies, a person is required or permitted to give a document or thing to the
Tribunal, the person must do so:
(a) by giving the document or thing to the Chief Executive Officer or
staff at a Registry; or
(b) by a method set out in directions under section 353A.
(2) Directions under section 353A may make provision for a person to
give a copy of a document, rather than the document itself, to the
Tribunal.
(1) If:
(a) a person (the applicant) applies for review of a
decision to which this Part applies; and
(b) the applicant gives the Tribunal written notice of the name and
address of another person (the authorised recipient) authorised by
the applicant to do things on behalf of the applicant that consist of, or
include, receiving documents in connection with the review;
the Tribunal must give the authorised recipient, instead of the applicant,
any document that it would otherwise have given to the applicant.
Note: If the Tribunal gives a person a document by a method
specified in section 379A, the person is taken to have received the
document at the time specified in section 379C in respect of that
method.
(2) If the Tribunal gives a document to the authorised recipient, the
Tribunal is taken to have given the document to the applicant. However, this
does not prevent the Tribunal giving the applicant a copy of the
document.
(3) The applicant may vary or withdraw the notice under
paragraph (1)(b) at any time, but must not (unless the regulations provide
otherwise) vary the notice so that any more than one person becomes the
applicant’s authorised recipient.
(4) The Tribunal may communicate with the applicant by means other than
giving a document to the applicant, provided the Tribunal gives the authorised
recipient notice of the communication.
(5) This section does not apply to the Tribunal giving documents to, or
communicating with, the applicant when the applicant is appearing before the
Tribunal.
202 Parts 6 and 7
Repeal the Parts.
203 Paragraphs 475(1)(a) and
(b)
Repeal the paragraphs, substitute:
(a) decisions of the Administrative Review Tribunal under
Part 5;
204 Paragraphs 475(2)(c) and
(d)
Repeal the paragraphs, substitute:
(c) a decision to which Part 5 applies;
(d) a decision of the Administrative Review Tribunal to end the review of
a decision to which Part 5 applies without making a decision on the
review;
205 Paragraph 475(2)(e)
Omit “, 351, 391, 417 or 454”, substitute “or
351”.
206 Paragraphs 475(2)(f) and
(g)
Repeal the paragraphs.
207 Paragraph 478(1)(b)
Repeal the paragraph, substitute:
(b) be lodged with a Registry of the Federal Court:
(i) if the application is for review of a decision covered by paragraph
475(1)(a) and the applicant is not the Minister—within 28 days of the
applicant receiving a copy of the written statement prepared under
section 368A that relates to the decision; or
(ii) if the application is for review of a decision covered by paragraph
475(1)(a) and the applicant is the Minister—within 28 days of the
Secretary receiving a copy of the written statement prepared under
section 368A that relates to the decision; or
(iii) in any other case—within 28 days of the applicant receiving
notice of the decision.
Note: If a person is given a document by a method specified
in section 379A, 379B or 494A, he or she is taken to have received the
document at the time specified in section 379C, 379D or 494C in respect of
that method.
208 Paragraph 479(a)
Omit “or (b)”.
209 Paragraph 479(a)
Omit “relevant”, substitute “Administrative
Review”.
210 Paragraph 480(a)
Omit “or (b)”.
211 Paragraph 480(a)
Omit “relevant”, substitute “Administrative
Review”.
212 Paragraph 481(1)(b)
After “person who made the decision”, insert “(or, if the
Tribunal made the decision, to the Tribunal)”.
213 After subsection 481(1)
Insert:
(1A) If, on an application for review of a judicially-reviewable decision,
the Federal Court refers a matter to the Administrative Review Tribunal for
further consideration, the Administrative Review Tribunal need not, for the
purposes of such further consideration, be constituted by the person or persons
who made the decision.
214 Subsection 485(2)
Repeal the subsection.
215 At the end of subsection
488(2)
Add:
; or (f) authorise a member, the Chief Executive Officer or staff of, or a
consultant to, the Administrative Review Tribunal to perform one or more of
those actions for the purposes of the review of a decision under this
Act.
216 After section 494
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the
Minister to give a document to a person; and
(b) the provision does not state that the document must be
given:
(i) by one of the methods specified in section 494B; or
(ii) by a method prescribed for the purposes of giving documents to a
person in immigration detention;
the Minister may give the document to the person by any method that he or
she considers appropriate (which may be one of the methods mentioned in
subparagraph (b)(i) or (ii) of this section).
Note: Under section 494D a person may give the Minister
the name of an authorised recipient who is to receive documents on the
person’s behalf.
Coverage of section
(1) For the purposes of provisions of this Act that:
(a) require or permit the Minister to give a document to a person (the
recipient); and
(b) state that the Minister must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of the Minister handing the document to the
recipient.
Handing to a person at last residential or business
address
(3) Another method consists of the Minister handing the document to
another person who:
(a) is at the last residential or business address provided by the
recipient for the purposes of receiving documents of that kind; and
(b) appears to live there (in the case of a residential address) or work
there (in the case of a business address); and
(c) appears to be at least 16 years of age.
Dispatch by prepaid post or by other prepaid means
(4) Another method consists of the Minister dating the document, and then
dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by prepaid post or by other prepaid means; and
(c) to:
(i) the last address for service provided by the recipient for the
purposes of receiving documents of that kind; or
(ii) the last residential or business address provided by the recipient
for the purposes of receiving documents of that kind.
Transmission by fax, e-mail or other electronic means
(5) Another method consists of the Minister transmitting the document
by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address, as the
case may be, provided to the Minister by the recipient for the purposes of
receiving documents of that kind.
(1) This section applies if the Minister gives a document to a person by
one of the methods specified in section 494B (including in a case covered
by section 494A).
Giving by hand
(2) If the Minister gives a document to a person by the method in
subsection 494B(2) (which involves handing the document to the person), the
person is taken to have received the document when it is handed to the
person.
Handing to a person at last residential or business
address
(3) If the Minister gives a document to a person by the method in
subsection 494B(3) (which involves handing the document to another person at a
residential or business address), the person is taken to have received the
document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Minister gives a document to a person by the method in
subsection 494B(4) (which involves dispatching the document by prepaid post or
by other prepaid means), the person is taken to have received the
document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(5) If the Minister gives a document to a person by the method in
subsection 494B(5) (which involves transmitting the document by fax, e-mail or
other electronic means), the person is taken to have received the document at
the end of the day on which the document is transmitted.
(1) If a person (the first person) gives the Minister
written notice of the name and address of another person (the authorised
recipient) authorised by the first person to do things on behalf of the
first person that consist of, or include, receiving documents in connection with
matters arising under this Act, the Minister must give the authorised recipient,
instead of the first person, any documents that the Minister would otherwise
have given to the first person.
Note: If the Minister gives a person a document by a method
specified in section 494B, the person is taken to have received the
document at the time specified in section 494C in respect of that
method.
(2) If the Minister gives a document to the authorised recipient, the
Minister is taken to have given the document to the first person. However, this
does not prevent the Minister giving the first person a copy of the
document.
(3) The first person may vary or withdraw the notice under
subsection (1) at any time, but must not (unless the regulations provide
otherwise) vary the notice so that any more than one person becomes the first
person’s authorised recipient.
(4) The Minister may communicate with the first person by means other than
giving a document to the first person, provided the Minister gives the
authorised recipient notice of the communication.
217 Section 500
Repeal the section.
218 After subsection 501(2)
Add:
Note: A decision of a delegate of the Minister under
subsection (1) or (2) is reviewable under Part 5 as a reviewable
general character decision or a reviewable protection visa character
decision.
219 Paragraph 501A(1)(b)
Omit “Appeals”, substitute “Review”.
220 Subsection 501A(7)
Repeal the subsection.
221 Subsection 501B(4)
Repeal the subsection.
222 Subsection 501B(5)
Omit “Appeals”, substitute “Review”.
223 Subsection 501C(11)
Repeal the subsection, substitute:
(11) To avoid doubt, a decision not to exercise the power conferred by
subsection (4) is not reviewable under Part 5.
224 Subsection 501F(5)
Repeal the subsection.
225 Paragraph 501G(1)(e)
Omit “and”.
226 Paragraph 501G(1)(f)
Repeal the paragraph.
227 At the end of subsection
501G(1)
Add:
Note 1: If a decision is reviewable under Part 5,
notification of the decision must include information about review rights: see
section 340.
Note 2: Notification of a reviewable general character
decision or a reviewable protection visa character decision relating to a person
in the migration zone must be accompanied by documents relevant to the making of
the decision: see section 341.
228 Subsection 501G(2)
Repeal the subsection.
229 Subsection 501H(2)
Repeal the subsection.
Note: The heading to section 501H is replaced by the
heading “Powers under sections 501, 501A and 501B are in addition
to other powers”.
230 At the end of
section 502
Add:
(4) To avoid doubt, the inclusion of a certificate as mentioned in
subsection (1) is not reviewable under Part 5.
231 At the end of subparagraph
504(1)(a)(ii)
Add “or”.
232 At the end of subparagraph
504(1)(a)(iv)
Add “and”.
233 At the end of paragraph
504(1)(b)
Add “and”.
234 At the end of subparagraph
504(1)(c)(iii)
Add “and”.
235 At the end of paragraph
504(1)(d)
Add “and”.
236 At the end of subparagraph
504(1)(e)(i)
Add “or”.
237 At the end of paragraph
504(1)(e)
Add “and”.
238 At the end of paragraph
504(1)(f)
Add “and”.
239 At the end of paragraph
504(1)(g)
Add “and”.
240 At the end of paragraph
504(1)(h)
Add “and”.
241 At the end of paragraph
504(1)(i)
Add “and”.
242 At the end of subsection
504(1)
Add:
; and (l) making provision for summoning persons for the purposes of the
review of decisions to which Part 5 applies.
Part 2—Amendment
of Australian Citizenship Act 1948
243 Subsection 52A(1)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
244 After subsection 52A(2)
Insert:
(2A) The review of a decision mentioned in subsection (1) is to take
place in the Commercial and General Division of the Tribunal.
245 Subsection 52A(3)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
246 After section 52A
Insert:
In spite of section 170 of the Administrative Review Tribunal Act
2000, the Federal Court must not transfer an appeal to the Federal
Magistrates Court if the appeal relates to a decision given by the
Administrative Review Tribunal on review of a decision under:
(a) this Act; or
(b) regulations under this Act.
247 Subsection 52B(1)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
248 Subsection 52B(1)
Omit “Administrative Appeals Tribunal for review”, substitute
“Administrative Review Tribunal for review”.
Part 3—Amendment
of Immigration (Guardianship of Children) Act 1946
249 Subsection 11A(1) (definition of
decision)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
250 Subsection 11A(6)
Omit “Administrative Appeals Tribunal”, substitute
“Administrative Review Tribunal”.
251 At the end of
section 11A
Add:
(7) The review of a reviewable decision by the Administrative Review
Tribunal is to take place in the Commercial and General Division of the
Tribunal.
252 After section 11A
Insert:
In spite of section 170 of the Administrative Review Tribunal Act
2000, the Federal Court must not transfer an appeal to the Federal
Magistrates Court if the appeal relates to a decision given by the
Administrative Review Tribunal on review of a decision under:
(a) this Act; or
(b) regulations under this Act.
253 Paragraph 11B(2)(b)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
254 Paragraph 11B(2)(b)
Omit “Administrative Appeals Tribunal for review”, substitute
“Administrative Review Tribunal for review”.
255 Subsection 11B(3)
Omit “Administrative Appeals Tribunal Act 1975”,
substitute “Administrative Review Tribunal Act
2000”.
256 Subsection 11B(3)
Omit “Administrative Appeals Tribunal for review”, substitute
“Administrative Review Tribunal for review”.
1 Definitions etc.
(1) In this Schedule:
AAT means the Administrative Appeals Tribunal established by
the AAT Act.
AAT abolition time means the time when section 4 of this
Act (which repeals the AAT Act) commences.
AAT Act means the Administrative Appeals Tribunal Act
1975.
ADJR Act means the Administrative Decisions (Judicial
Review) Act 1977.
ART means the Administrative Review Tribunal established by
the ART Act.
ART Act means the Administrative Review Tribunal Act
2000.
Deputy President of the AAT means the Deputy
President as defined by section 3 of the AAT Act.
FA (Administration) Act means the A New Tax System
(Family Assistance) (Administration) Act 1999.
Family Court means the Family Court of Australia.
Federal Court means the Federal Court of Australia.
first-tier review has the same meaning as in the ART
Act.
member of the AAT means a member as defined by section 3
of the AAT Act.
President of the AAT means the President as
defined by section 3 of the AAT Act.
President of the ART means the President as
defined by section 6 of the ART Act.
second-tier review has the same meaning as in the ART
Act.
SS (Administration) Act means the Social Security
(Administration) Act 1999.
SSAT means the Social Security Appeals Tribunal that was
continued in existence by section 139 of the SS (Administration)
Act.
SSAT decision means a decision in respect of which an
application was made before AAT abolition time for review by the AAT under
section 179 of the SS (Administration) Act or section 142 of the FA
(Administration) Act.
(2) For the purposes of any item in this Schedule that deals with
applications for review, or review, of a decision made before AAT abolition
time:
(a) a reference in that item to the AAT Act or to a provision of the AAT
Act is, if applicable, a reference to the AAT Act, or to that provision of the
AAT Act, as modified by any other Act in its application to that decision;
and
(b) except where paragraph (c) applies—a reference in that item
to the ART Act or to a provision of the ART Act is, if applicable, a reference
to the ART Act, or that provision of the ART Act, as modified:
(i) as a result of amendments made by other Schedules to this Act, or by
any later Act, that apply to decisions of that kind that are made after AAT
abolition time; and
(ii) by any other item in this Schedule; and
(c) if the decision is an SSAT decision—a reference in that item to
the ART Act or to a provision of the ART Act is, if applicable, a reference to
the ART Act, or to that provision of the ART Act, as modified by any other item
in this Schedule, but is not a reference to the ART Act, or to that provision of
the ART Act, as modified as a result of amendments made by other Schedules to
this Act, or by any later Act, that apply to decisions of a similar kind that
are made after AAT abolition time.
2 Parts 5 to 9 not to apply to certain
decisions
(1) Parts 5 to 9 of this Schedule do not apply to a decision made
before AAT abolition time in respect of which applications for review by the AAT
could be made under section 136 or subsection 500(1) of the
Migration Act 1958 as then in force.
(2) Parts 5 to 9 of this Schedule do not apply to a decision made
before AAT abolition time in respect of which applications for review by the AAT
could be made under subsection 175(1) of the Veterans’
Entitlements Act 1986 as then in force.
(3) Parts 5 to 9 of this Schedule do not apply to a decision made
before AAT abolition time by the SSAT in respect of which applications for
review by the AAT could be made other than under section 179 of the SS
(Administration) Act or section 142 of the FA (Administration)
Act.
(4) To avoid doubt, regulations under section 6 of this Act may make
provision in relation to decisions mentioned in subitem (1), (2) or (3) of
this item.
Part 2—Members
of the Administrative Appeals Tribunal
3 Entitlement of Deputy Presidents of AAT to
pensions under the Judges’ Pensions Act 1968
(1) Despite the repeal of the AAT Act by this Act, sections 7A and 16
of the AAT Act, and any other provisions of that Act so far as they are
necessary for the operation of those sections, continue to have effect for the
purposes of the application of the Judges’ Pensions Act 1968 as if
they had not been repealed.
(2) If:
(a) it is necessary, after AAT abolition time, to apply paragraph (a)
of the definition of appropriate current judicial salary in
subsection 4(1) of the Judges’ Pensions Act 1968; and
(b) the Judge mentioned in that paragraph was such only by virtue of being
a Deputy President of the AAT when he or she retired or died;
the salary applicable under that paragraph is 82% of the salary payable to
a Judge of the Federal Court (other than the Chief Judge) at the time in
question.
(3) If:
(a) immediately before AAT abolition time, a person was on leave of
absence under subsection 12(2) of the AAT Act from his or her duties as a Deputy
President of the AAT; and
(b) the leave was granted for the purpose of allowing the person to
perform duties in another Commonwealth office;
then, for the purposes of the Judges’ Pensions Act 1968, the
person is taken to remain as a Deputy President of the AAT after AAT abolition
time, despite the repeal of the AAT Act, at all times until the person stops
performing duties in that other office.
4 Pensions for certain Deputy Presidents of AAT
who are under 60
(1) This item applies to a person who:
(a) is a Deputy President of the AAT immediately before AAT abolition
time; and
(b) is under 60 at AAT abolition time; and
(c) apart from this item, has no entitlement to a pension under the
Judges’ Pensions Act 1968.
(2) The Judges’ Pensions Act 1968 applies in relation to the
person as if he or she were over 60 at AAT abolition time and all later
times.
(3) However, if a pension is payable to the person under that Act only
because of subitem (2), the annual rate of the pension must be worked out
in a manner:
(a) approved in writing by the Attorney-General; and
(b) certified by the Australian Government Actuary to be fair and
reasonable;
instead of being worked out under that Act.
(4) The rate worked out must not exceed 60% of the appropriate current
judicial salary (within the meaning of that Act) in relation to the
person.
Note: Subitem 3(2) of this Schedule can affect the
calculation of the appropriate current judicial salary.
(5) Subitem (3) continues to apply even after the person in fact turns
60.
(6) In deciding whether to certify as mentioned in paragraph (3)(b),
the Australian Government Actuary must have regard to:
(a) the actual period of the person’s service as a Judge compared
with the period that the person would have served had he or she remained a Judge
until the age of 60; and
(b) the value to the person of a pension that commences when the
person’s service as a Judge actually ends compared with the value to the
person of a pension that commences when the person turns 60; and
(c) the effect, or likely effect, of the superannuation contributions
surcharge legislation.
(7) To avoid doubt, this item does not entitle a person to a pension under
the Judges’ Pensions Act 1968 if the reason why the person was not
otherwise entitled to such a pension was that he or she did not originally make
an election under section 16 of the Administrative Appeals Tribunal Act
1975 within the time allowed by that section.
(8) In this item:
Judge has the same meaning as in the Judges’
Pensions Act 1968.
Part 3—Transfer
of evidence, records and documents etc.
5 Transfer of records and
documents
Any evidence (including oral evidence in any form), records, documents or
other things (including those in electronic form) relating to the review of
decisions or the doing of other things by the AAT that were in the possession of
the AAT immediately before AAT abolition time are to be transferred to the
ART.
6 Return of documents by
Courts
If, immediately before AAT abolition time, the Federal Court or the Federal
Magistrates Court has any documents that, if the AAT Act had not been repealed,
the Court would at any time be required to return to the AAT:
(a) the Court must instead transfer the documents to the ART at the time
when it would otherwise have been required to return them to the AAT;
and
(b) the President of the ART may return the documents to the person who
gave them to the AAT.
7 Annual report
(1) The President of the ART must, as soon as practicable after AAT
abolition time, give a report to the Attorney-General, for presentation to the
Parliament, on the AAT’s activities during the period since the end of the
financial year in respect of which the President of the AAT last prepared a
report in accordance with section 24R of the AAT Act.
(2) The report must include:
(a) the financial statements required by section 49 of the
Financial Management and Accountability Act 1997; and
(b) an audit report on those statements under section 57 of the
Financial Management and Accountability Act 1997.
Part 5—Rights
to notice and statements in relation to pre-AAT abolition time
decisions
8 Notice of pre-AAT abolition time decision and
review rights
Section 56 of ART Act not to
apply
(1) Section 56 of the ART Act does not apply to a decision made before
AAT abolition time.
Continuation of obligation under subsection
27A(1) of AAT Act
(2) If a person was required under subsection 27A(1) of the AAT Act to take
the steps mentioned in that subsection in relation to a decision and had not
done so by AAT abolition time, the requirement continues after that time despite
the repeal of the AAT Act by this Act.
9 Application of ART Act statement of reasons
provisions to pre-AAT abolition time decisions
Sections 57 to 60 of the ART Act apply in accordance with this Part in
relation to a decision made before AAT abolition time, but do not otherwise
apply in relation to any such decision.
10 Where no request for statement under
subsection 28(1) of AAT Act
Sections 57 to 60 of the ART Act apply to a decision made before AAT
abolition time if no request for a statement in relation to the decision was
made before AAT abolition time under subsection 28(1) of the AAT Act.
11 Where no response to request for statement
under subsection 28(1) of AAT Act
If:
(a) before AAT abolition time, a request for a statement was made under
subsection 28(1) of the AAT Act; and
(b) by AAT abolition time, the statement had not been given; and
(c) by AAT abolition time, no requirement to give a notice under
subsection 28(1AA) of the AAT Act in relation to the request for the statement
had arisen;
sections 57 to 60 of the ART Act apply as if the request had been a
request for a statement of reasons made under subsection 57(1) of the ART
Act.
12 Where subsection 28(1AA) of AAT Act applied
in relation to request for statement
If:
(a) before AAT abolition time, a requirement to give a notice under
subsection 28(1AA) of the AAT Act in relation to a request for a statement
arose, but the notice was not given before AAT abolition time; or
(b) before AAT abolition time, a notice was given under that subsection in
relation to a request for a statement, but no application had been made to the
AAT under subsection 28(1AC) of the AAT Act by AAT abolition time in relation to
the request for the statement;
sections 57 to 60 of the ART Act apply as if the requirement mentioned
in paragraph (a) of this item, or the notice mentioned in
paragraph (b) of this item, were a requirement or notice under subsection
57(4) of the ART Act in relation to a request for a statement of reasons under
subsection 57(1) of that Act.
13 Where subsection 28(1AC) of AAT Act applied
in relation to statement but no AAT decision made
If:
(a) before AAT abolition time, an application was made to the AAT under
subsection 28(1AC) of the AAT Act; and
(b) by AAT abolition time, the AAT had not made its decision on the
application;
sections 58 to 60 of the ART Act apply as if the application were an
application to the ART under subsection 58(1) of that Act in relation to a
notice about a statement of reasons that the applicant had requested under
subsection 57(1) of that Act.
14 Where subsection 28(1AC) of AAT Act applied
in relation to statement and AAT decision made
If:
(a) before AAT abolition time, an application was made to the AAT under
subsection 28(1AC) of the AAT Act; and
(b) before AAT abolition time, the AAT had decided on the application that
the applicant was entitled to be furnished with a statement; and
(c) by AAT abolition time, the applicant had not been furnished with the
statement;
then:
(d) subsection 58(3) of the ART Act applies as if the decision of the AAT
were a decision of the ART under that subsection in relation to a statement of
reasons that the applicant had requested under subsection 57(1) of that Act;
and
(e) sections 59 and 60 of the ART Act apply to any statement of
reasons that is given as a result.
15 Where notice under subsection 28(1A) of AAT
Act not given in relation to statement
If:
(a) before AAT abolition time, a requirement to give a notice arose under
subsection 28(1A) of the AAT Act; and
(b) by AAT abolition time, the notice had not been given;
the requirement to give the notice is taken for the purposes of
sections 57 to 60 of the ART Act to be a requirement under subsection 57(4)
of that Act in relation to a notice about a statement of reasons that the
applicant had requested under subsection 57(1) of that Act.
16 Where application under subsection 28(1B) of
AAT Act in relation to statement but no AAT decision made
If:
(a) before AAT abolition time, an application was made to the AAT under
subsection 28(1B) of the AAT Act; and
(b) by AAT abolition time, the AAT had not made its decision on the
application;
sections 58 to 60 of the ART Act apply as if the application were an
application to the ART under subsection 58(1) of that Act in relation to a
notice about a statement of reasons that the applicant had requested under
subsection 57(1) of that Act.
17 Where application under subsection 28(5) of
AAT Act in relation to statement but no AAT declaration
made
If:
(a) before AAT abolition time, an application was made to the AAT under
subsection 28(5) of the AAT Act for a declaration in relation to a statement;
and
(b) by AAT abolition time, the AAT had not made the declaration;
sections 59 and 60 of the ART Act apply as if the application were an
application under subsection 59(1) of that Act in relation to a statement of
reasons that the applicant had requested under subsection 57(1) of that
Act.
18 Where application under subsection 28(5) of
AAT Act in relation to statement and no statement given
If:
(a) before AAT abolition time, a requirement to furnish an additional
statement or statements arose under subsection 28(5) of the AAT Act;
and
(b) by AAT abolition time, the statement or statements had not been
furnished;
the requirement continues despite the repeal of the AAT Act by this
Act.
19 Where certificate under subsection 28(2) of
AAT Act given in relation to a statement of reasons
If:
(a) before AAT abolition time, the Attorney-General gave a certificate
under subsection 28(2) of the AAT Act in relation to a statement under
subsection 28(1) of that Act in relation to a decision; and
(b) the ART Act applies in relation to the decision, either as a result of
this Part or Part 7;
then, for the purposes of that application of the ART Act, the certificate
has effect as if it had been given under section 60 of that
Act.
Part 6—Applications
for ART review of pre-AAT abolition time decisions
20 Applications for ART review of pre-AAT
abolition time decisions to be made in certain cases only
An application under section 61 of the ART Act for review of a
decision made before AAT abolition time can only be made in accordance with this
Part.
21 Applications for ART review of pre-AAT
abolition time decisions where time limit has not expired
(1) If:
(a) before AAT abolition time, either:
(i) a time was prescribed for the lodging with the AAT of applications for
review of a particular decision; or
(ii) a time was prescribed for the lodging with the AAT by a particular
person of an application for review of a particular decision; and
(b) by AAT abolition time, the time, or the time as extended by the AAT,
had not ended; and
(c) by AAT abolition time, a person entitled to do so had not duly made an
application to the AAT for review of the decision;
then such a person may apply to the ART under section 61 of the ART
Act for first-tier review of the decision, provided the person does so, subject
to subitem (2), before the time, or the time as extended by the AAT,
ends.
Extension of time to apply
(2) The ART may, on application, fix a later time than the time applicable
under subitem (1) as the time by which the application mentioned in that
subitem may be made, if the ART is satisfied that it is reasonable in all the
circumstances to do so.
22 Applications for ART review of pre-AAT
abolition time decisions in other circumstances
If:
(a) before AAT abolition time, a person entitled to make an application to
the AAT for review of the decision had not duly made such an application;
and
(b) the person is not, in accordance with item 21, entitled to apply
to the ART under section 61 of the ART Act for first-tier review of the
decision; and
(c) the ART is satisfied that it would be reasonable in all the
circumstances for the person to be permitted to make such an
application;
the person may make such an application, but must do so by such time as the
ART fixes.
Part 7—ART
continuation of AAT review
23 ART to conduct first-tier review where
application for AAT review and no time limit
If:
(a) before AAT abolition time, either:
(i) no time was prescribed for the lodging with the AAT of applications
for review of a particular decision; or
(ii) no time was prescribed for the lodging with the AAT by a particular
person of an application for review of a particular decision; and
(b) before AAT abolition time, a person duly made (disregarding
subsections 29(4) to (6) of the AAT Act) an application to the AAT for review of
the decision; and
(c) before AAT abolition time, the AAT had not formed an opinion whether
the application was or was not lodged within a reasonable time after the
decision was made; and
(d) the ART is satisfied that the application was lodged with the AAT
within a reasonable time after the decision was made, or that there are special
circumstances that justify the ART Act applying in relation to the
application;
then the ART Act and any other Act that relates to review under the ART Act
apply in relation to the application as if it were an application for first-tier
review of the decision by the ART that:
(e) complied with the requirements of Division 2 of Part 9 of
that Act; and
(f) was made to the ART immediately after AAT abolition time.
24 ART to conduct first-tier review where
application for AAT review duly made but no AAT decision made
etc.
If:
(a) before AAT abolition time, a person duly made an application to the
AAT for review of a decision; and
(b) item 23 does not apply to the application; and
(c) by AAT abolition time:
(i) the AAT had not made a decision under subsection 42C(2) or 43(1) of
the AAT Act on the application; and
(ii) either the application had not been dismissed, or the application had
been dismissed and reinstated;
then, subject to the remainder of this Part, the ART Act and any other Act
that relates to review under the ART Act apply in relation to the application as
if it were an application for first-tier review of the decision by the ART
that:
(d) complied with the requirements of Division 2 of Part 9 of
the ART Act; and
(e) was made to the ART immediately after AAT abolition time.
25 Modified ART review where pre-AAT abolition
time notice or statement of reasons given
If, before AAT abolition time:
(a) except in the case of an SSAT decision—notice of the application
to the AAT for review by the AAT of the decision to which item 24 applies
was given to the person who made the decision; or
(b) copies of a statement and documents were lodged with the AAT in
accordance with subsection 37(1) of the AAT Act; or
(c) copies of a document were lodged with the AAT in accordance with
subsection 37(1AB) of the AAT Act;
then:
(d) if paragraph (a) applies—section 76 of the ART Act
does not apply in relation to the ART’s first-tier review of the decision,
but the ART Act applies in relation to that review as if the notice of the
application had been given to the person who made the decision under that
section and had related to the first-tier review; or
(e) if paragraph (b) or (c) applies—section 77 of the ART
Act does not apply in relation to the ART’s first-tier review of the
decision, but the ART Act applies in relation to that review as if the copies
had been given to the ART under that section and had related to that
review.
26 Modified ART review where pre-AAT abolition
time order to provide additional statements
If:
(a) before AAT abolition time, the AAT under section 38 of the AAT
Act ordered the person who made the decision to which item 24 applies to
lodge an additional statement or statements with the AAT; and
(b) by AAT abolition time, the person had not done so; and
(c) the person was not, as a result of the application of section 187
of the SS (Administration) Act, the Executive Director of the SSAT;
then:
(d) the person must give the additional statement or statements to the ART
within the time specified in the order; and
(e) section 78 of the ART Act does not apply in relation to the
first-tier review by the ART of the decision.
27 Modified ART review where pre-AAT abolition
time provision of other documents
If:
(a) before abolition time, a person gave the AAT a document in relation to
the application for review by the AAT of the decision to which item 24
applies; and
(b) apart from this subitem, the person would be required by
section 79 or 80 of the ART Act to give the document to the ART;
section 79 or 80 of the ART Act does not apply to the document in
relation to the ART’s first-tier review of the decision.
28 Modified ART review—pre-AAT abolition
time parties to become participants
If, before AAT abolition time, a person was a party to a proceeding before
the AAT for review by the AAT of the decision to which item 24 applies, the
person is, subject to:
(a) Division 2 of Part 6 (other than subsection 84(1) and, where
the decision is mentioned in section 144 of the FA (Administration) Act,
section 85) of the ART Act; and
(b) paragraphs 128(1)(e) and 129(d) of that Act;
a participant in the ART’s first-tier review of the
decision.
29 Modified ART review—pre-AAT abolition
time applications to be made parties to be treated as applications to become
participants
If:
(a) before AAT abolition time, a person had applied to the AAT under
subsection 30(1A) of the AAT Act to be made a party to a proceeding before the
AAT for the review by the AAT of the decision to which item 24 applies;
and
(b) by AAT abolition time, the AAT had not made a decision under that
subsection on the application;
paragraph 84(1)(d) of the ART Act applies to the application as if it were
an application by the person to become a participant in the ART’s
first-tier review of the decision.
30 Modified ART review—pre-abolition time
right to representation preserved
If, before AAT abolition time, a party to a proceeding before the AAT on
the review by the AAT of the decision to which item 24 applies was
represented by a person, then, despite section 105 of the ART Act, the
party may, as a participant in the ART’s first-tier review of the decision
in accordance with item 28, and in any second-tier review resulting from
that first-tier review, be represented by that person or any other
person.
31 Modified ART review—certificates by
Attorney-General
If, before AAT abolition time, the Attorney-General issued a certificate
under section 36 of the AAT Act in relation to the AAT’s review of
the decision to which item 24 applies, that certificate has effect in
relation to the ART’s first-tier review of the decision, and in any
second-tier review resulting from that first-tier review, as if it had been
issued under section 101 of the ART Act.
32 Modified ART review—continuation of
pre-AAT abolition time stay orders and requests
(1) If, immediately before AAT abolition time, an order under subsection
41(2) of the AAT Act was in force in relation to the decision to which
item 24 applies, that order has effect in relation to the ART’s
first-tier review of the decision as if it were a direction made under
subsection 121(3) of the ART Act.
(2) If:
(a) before AAT abolition time, a request was made under subsection 41(2)
of the AAT Act for the making of an order in relation to the AAT’s review
of the decision to which item 24 applies; and
(b) by AAT abolition time, a decision had not been made on the
request;
the ART must, as soon as practicable after AAT abolition time, consider
whether to make such an order under subsection 121(3) of the ART Act in relation
to the ART’s first-tier review of the decision.
33 Modified ART review—continuation of
inadmissibility of conference and mediation evidence etc.
(1) If, before AAT abolition time, a conference was held in accordance with
section 34 of the AAT Act in relation to the AAT’s review of the
decision to which item 24 applies, then, for the purposes of the
ART’s review of the decision, unless the parties to the conference
otherwise agree, evidence must not be given, and statements must not be made,
concerning any words spoken or act done at the conference.
(2) If, before AAT abolition time, a mediation took place in accordance
with section 34A of the AAT Act in relation to the AAT’s review of
the decision to which item 24 applies, then, except in the ART’s
review of the decision where the participants otherwise agree, evidence of
anything said or act done at the mediation is not admissible in any court or in
any proceedings before a person authorised by a law of the Commonwealth or of a
State or Territory, or by the consent of the parties to the mediation, to hear
evidence.
34 Modified ART review—continuation of
pre-AAT abolition time confidentiality directions
If, immediately before AAT abolition time, an order under subsection 35(2)
of the AAT Act was in force giving directions in relation to the decision to
which item 24 applies, those directions have effect in relation to the
first-tier review by the ART of the decision as if they were directions given by
the ART under subsection 100(3) of the ART Act.
35 Modified ART review—continuation of
effect of summons
If:
(a) before AAT abolition time, in relation to the AAT’s review of a
decision to which item 24 applies, a member of the AAT, the Registrar of
the AAT, a District Registrar of the AAT or a Deputy Registrar of the AAT
had:
(i) under paragraph 40(1A)(a) or (b) of the AAT Act, summoned a person to
appear before the AAT at a hearing to give evidence or to give evidence and
produce books, documents or things; or
(ii) under paragraph 40(1A)(c) of the AAT Act, summoned a person to appear
before the AAT at a hearing, or to appear at a directions hearing, to produce
books, documents or things; and
(b) the time for the person to appear before the AAT, or at the directions
hearing, in accordance with the summons was after AAT abolition time;
the summons has effect for the purposes of the ART’s review of the
decision as if it had been issued under section 95 of the ART Act, and had
required the person to appear before the ART to do the things concerned at the
time when the person was required to appear before the AAT, or at the directions
hearing, to do those things.
36 Modified ART review—effect of pre-AAT
abolition time consent agreements
If:
(a) before AAT abolition time, an agreement of a kind mentioned in
paragraph 42C(1)(a) of the AAT Act was made as to the terms of a decision of the
AAT in a proceeding for review by the AAT of the decision to which item 24
applies, in relation to a part of such a proceeding or a matter arising out of
such a proceeding; and
(b) by AAT abolition time, the AAT had not made a decision under
subsection 42C(2) or 43(1) of the AAT Act in relation to the
agreement;
section 109 of the ART Act applies in relation to the agreement as if
the agreement related to the first-tier review by the ART of the
decision.
37 Modified ART review—need for efficiency
etc.
(1) The ART must, in conducting its first-tier review of the decision to
which item 24 applies, ensure that the transition from review by the AAT to
review by the ART takes place as efficiently as possible, having regard to the
objects set out in section 3 of the ART Act.
(2) In particular, the ART must, in conducting its first-tier review of the
decision to which item 24 applies, have regard to all evidence (including
any oral evidence that has been recorded in any form), records, documents and
other things (including those in electronic form) relating to the review by the
AAT of the decision that are transferred to it in accordance with
item 5.
(3) Also, if:
(a) when the decision was under review by the AAT, persons appeared before
the AAT to give evidence and present arguments relating to issues arising in
relation to the decision; and
(b) the ART does not allow the persons to appear before the ART to give
the same evidence or present the same arguments;
this is not a ground for an appeal to the Federal Court under Part 10
of the ART Act, or for review by that Court or by the Federal Magistrates Court,
of any decision made, or other thing done, by the ART.
38 Continuation of pre-AAT abolition time
references of questions of law to Federal Court
(1) This item applies if, before AAT abolition time, the AAT referred to
the Federal Court a question of law arising in a proceeding before the AAT in
relation to the AAT’s review of the decision to which item 24
applies.
Where Federal Court had given its opinion before
AAT abolition time
(2) If, by AAT abolition time, the Federal Court had given its opinion on
the question, the ART must not, in its first-tier review of the decision in
accordance with item 24, proceed in a manner, or make a decision, that is
inconsistent with the opinion of the Federal Court on the question.
Where Federal Court had not given its opinion
before AAT abolition time
(3) If, by AAT abolition time, the Federal Court had not given its opinion
on the question:
(a) the repeal of the AAT Act by this Act does not affect the jurisdiction
of the Federal Court to hear and determine the question; and
(b) the ART must not, in its first-tier review of the decision in
accordance with item 24:
(i) make a decision to which the question is relevant while
the reference is pending; or
(ii) proceed in a manner, or make a decision, that is inconsistent with
the opinion of the Federal Court on the question; and
(c) subject to subitem (4), section 46 of the AAT Act applies to
the reference despite the repeal of the AAT Act by this Act.
(4) For the purpose of applying section 46 of the AAT Act in
accordance with paragraph (3)(c) of this item:
(a) the requirement in paragraph (1)(a) of that section for the AAT
to cause documents to be sent to the Federal Court is instead a requirement for
the ART to cause the documents to be sent to the Federal Court; and
(b) the requirement:
(i) in paragraph (1)(b) of that section for the Federal Court to
cause documents to be returned to the AAT; or
(ii) in subparagraph (1)(c)(ii) of that section for the Federal
Magistrates Court to cause documents to be returned to the AAT;
is instead a requirement for the court to cause the documents to be sent
to the ART; and
(c) the requirement in subsection (3) of that section for the court
to permit part of a document to be inspected by some or all of the parties to
the proceeding before the AAT is instead a requirement for the court to permit
part of the document to be inspected by some or all of the participants in the
review by the ART of the decision to which item 24 applies.
39 Reinstatement of pre-AAT abolition time
review
Where pre-AAT abolition time reinstatement
application
(1) If:
(a) before AAT abolition time, the AAT dismissed an application for review
of a decision or an application was dismissed on its behalf; and
(b) before AAT abolition time, a party to the proceeding before the AAT
for the review applied to the AAT under subsection 42A(8) or (10) of the AAT Act
for the application for the review to be reinstated; and
(c) by AAT abolition time, the AAT had not made its decision on the
application under that subsection;
then:
(d) the party is taken to have applied to the ART for the review to be
reinstated as a first-tier review by the ART of the decision; and
(e) subsections 132(2) and (3) of the ART Act apply in relation to the
application as if it were an application under subsection 132(1) of the ART
Act.
Where no pre-AAT abolition time reinstatement
application
(2) If:
(a) before AAT abolition time, the AAT dismissed an application for review
of a decision or an application was dismissed on its behalf; and
(b) subitem (1) does not apply;
then:
(c) a party to the proceeding before the AAT to which the application
related may apply to the ART for the application to be reinstated as an
application for first-tier review by the ART of the decision; and
(d) if a party makes such an application, subsections 132(2) and (3) of
the ART Act apply in relation to the application as if it were an application
under subsection 132(1) of the ART Act.
40 Modified ART review—SSAT
decisions
(1) If the decision to which item 24 applies is an SSAT decision, this
item applies, in addition to the other modifications made by this Part, to the
ART’s review of the decision.
(2) Division 2 of Part 4 of the ART Act, and any provision of
that Act that relates to that Part, does not apply in relation to the
ART’s decision on its first-tier review of the decision.
(3) Section 76 of the ART Act applies to the ART’s review of the
decision as if it required the Chief Executive Officer of the ART to arrange for
the notice mentioned in that section to be given to each person who was a party
to the review of the decision by the SSAT, other than:
(a) the party who made the application under section 179 of the SS
(Administration) Act or section 142 of the FA (Administration) Act) for
review of the decision by the AAT; and
(b) any person to whom notice of the application for review by the AAT of
the decision was given before AAT abolition time under subsection 29(11) of the
AAT Act.
(4) If, before AAT abolition time, copies of a statement and documents were
not lodged with the AAT in accordance with subsection 37(1) of the AAT Act,
section 77 of the ART Act applies to the ART’s review of the decision
as if that section required:
(a) if the decision that was reviewed by the SSAT was made by the Chief
Executive Officer or an employee of the Commonwealth Services Delivery
Agency—the Chief Executive Officer; or
(b) in any other case—the Secretary of the Department of Family and
Community Services;
to give the ART the statement and other document or part of a document
mentioned in that section before the end of 28 days after:
(c) if notice was given in relation to the application for review by the
AAT of the decision in accordance with subsection 29(11) of the AAT
Act—the day on which the notice was received; or
(d) if not—the day on which notice of the application is
received.
(5) If:
(a) before AAT abolition time:
(i) where the decision that was reviewed by the SSAT was made by the Chief
Executive Officer or an employee of the Commonwealth Services Delivery
Agency—the Chief Executive Officer; or
(ii) in any other case—the Secretary of the Department of Family and
Community Services;
was not taken by:
(iii) subsection 186(2) or (4) of the SS (Administration) Act;
or
(iv) subsection 149(2) of the FA (Administration) Act;
to have complied with the obligations of the Chief Executive Officer or
the Secretary under paragraph 37(1)(a) of the AAT Act in relation to the
decision; and
(b) the Chief Executive Officer or the Secretary gives the ART the
statement prepared in relation to the decision by the SSAT under paragraph
177(1)(a) of the SS (Administration) Act or paragraph 141(1)(a) of the FA
(Administration) Act;
then, for the purposes of the ART’s review of the decision, the Chief
Executive Officer or the Secretary is taken to have complied with his or her
obligations under paragraph 77(1)(a) of the ART Act (as that paragraph applies
in accordance with subitem (3) of this item).
(6) Subitem (4) does not limit the ART’s powers under
section 78 of the ART Act in relation to its review of the
decision.
(7) The ART’s power under subsection 121(3) of the ART Act to direct
that the operation or implementation of the original decision or a part of the
original decision be stayed or otherwise affected is instead a power to direct
that the operation or implementation of the following decision or a part of that
decision be stayed or otherwise affected:
(a) if the SSAT affirmed the decision that it reviewed—the decision
that the SSAT reviewed; or
(b) if the SSAT varied the decision that it reviewed:
(i) the decision that the SSAT reviewed, as varied by the SSAT;
and
(ii) the decision that the SSAT reviewed; or
(c) if the SSAT set aside the decision that it reviewed and substituted a
new decision:
(i) the new decision; and
(ii) the decision that the SSAT reviewed; or
(d) if the SSAT set aside the decision that it reviewed and sent the
matter back to the Secretary of the Department of Family and Community Services
for reconsideration in accordance with any directions or recommendations of the
SSAT:
(i) any decision made as a result of that reconsideration; and
(ii) the decision that the SSAT reviewed.
(8) Sections 128 and 129 of the ART Act apply in relation to
ART’s review of the decision as if references in those sections to the
decision-maker were references to the Secretary of the Department of Family and
Community Services.
(9) For the purposes of the ART’s review of the decision, the
ART’s powers and discretions under subsection 133(1) of the ART Act do not
include the power under subsection 1218A(2) of the Social Security Act
1991.
(10) Section 167 of the ART Act applies as if subsection (1) of
that section were omitted and the reference in subsection (2) of that
section to second-tier review were a reference to the ART’s first-tier
review of the decision.
Part 8—Continuation
of other AAT jurisdiction
41 Continuation of other pre-AAT abolition time
AAT jurisdiction
If:
(a) before AAT abolition time, the AAT began to exercise any power or
perform any function under any Act (other than a power to review a decision, or
any other power or function under the AAT Act); and
(b) by AAT abolition time, the AAT had not finished exercising the power
or performing the function; and
(c) the power or function is one that the ART would be required to
exercise or perform as a related Tribunal function (within the meaning of
paragraph 140(b) of the ART Act) if the equivalent circumstances for the
exercise of the power or the performance of the function had arisen after AAT
abolition time;
then, after AAT abolition time, the ART may finish exercising the power or
performing the function as if it were the performance of such a related Tribunal
function.
42 Continuation of enquiries etc. under the ASIO
Act
If:
(a) before AAT abolition time, the AAT was under an obligation to take, or
to continue to take, any action under section 65 of the Australian
Security Intelligence Organisation Act 1979; and
(b) by AAT abolition time, the AAT had not finished taking that
action;
then, after AAT abolition time, the ART must finish taking that action as
if the ART were under that obligation.
Part 9—Effect
of repeal of AAT Act on AAT decisions and Federal Court appeals against such
decisions etc.
43 Preservation of effect of AAT
decisions
A decision of the AAT under subsection 42C(2) or 43(1) of the AAT Act
continues to have effect after AAT abolition time as if the AAT Act had not been
repealed by this Act.
44 Preservation of obligation to give statement
of reasons for AAT decision
If:
(a) before AAT abolition time, a party to a proceeding before the AAT
requested the AAT under subsection 43(2A) of the AAT Act to furnish to the party
a statement in writing of the reasons of the AAT for a decision of the AAT;
and
(b) by abolition time, the AAT had not furnished to the person such a
statement;
the ART must give the party the statement, and give a copy of the statement
to each other party to the proceeding, within 28 days after this item
commences.
45 Preservation of right to apply for statement
of reasons for AAT decision
If:
(a) before AAT abolition time, a party to a proceeding before the AAT did
not request, under subsection 43(2A) of the AAT Act, a statement in writing of
reasons for a decision of the AAT; and
(b) the period of 28 days after the day on which a copy of the decision of
the AAT was served on the party had not expired before AAT abolition
time;
then:
(c) the party may, within 28 days after AAT abolition time, request the
ART to give the party the statement; and
(d) if the party makes the request, the ART must give the party the
statement, and give a copy of the statement to each other party to the
proceeding, within 28 days after the ART receives the request.
46 Preservation of AAT requirement for
decision-maker to reconsider a decision or matter
If:
(a) before abolition time:
(i) the AAT, under subsection 42D(1) of the AAT Act, remitted a decision
to a person for consideration; or
(ii) the AAT, under subsection 42C(2) or subparagraph 43(1)(c)(ii) of the
AAT Act, remitted a matter for reconsideration in accordance with directions or
recommendations of the AAT; and
(b) by AAT abolition time, the person had not reconsidered the decision or
matter;
the requirement to reconsider the matter continues despite the repeal of
the AAT Act by this Act.
47 Preservation of Federal Court appeal rights
and appeals in progress under the AAT Act
Preservation of appeal
rights
(1) If an appeal from a decision of the AAT to the Federal Court under
subsection 44(1) or (2) of the AAT Act had not been instituted by a person
before AAT abolition time:
(a) subsections 44(1), (2), (2A) and (2B) of the AAT Act continue to apply
in relation to the institution of such an appeal despite the repeal of the AAT
Act by this Act; and
(b) if, as a result, an appeal to the Federal Court is instituted after
AAT abolition time, then, subject to subitem (3), subsections 44(3) to (6)
and sections 44AA, 44A and 46 of the AAT Act apply to the appeal despite
the repeal of the AAT Act by this Act.
Preservation of Federal Court appeals in
progress
(2) If:
(a) before abolition time, an appeal to the Federal Court was instituted
under subsection 44(1) or (2) of the AAT Act from a decision of the AAT;
and
(b) by AAT abolition time, the Federal Court, or the Federal Magistrates
Court (where the appeal had been transferred to that Court), had not given its
judgment on the appeal;
subject to subitem (3), subsections 44(3) to (6) and
sections 44AA, 44A and 46 of the AAT Act continue to apply to the appeal
despite the repeal of the AAT Act by this Act.
Modified application of AAT Act provisions
relating to Federal Court appeals
(3) For the purposes of the application or continued application of
subsections 44(3) to (6) and sections 44AA, 44A and 46 of the AAT Act in
accordance with subitem (1) or (2):
(a) the requirement in subparagraph 44(3)(b)(ii) of that Act (including as
it applies as a result of subsection 44AA(9) of that Act) for the President of
the AAT to be consulted is to be disregarded; and
(b) the power of:
(i) the Federal Court under subsection 44(5) of that Act; or
(ii) the Federal Magistrates Court under that subsection in its
application in accordance with subsection 44AA(9) of that Act;
to make an order remitting the case to the AAT to be heard and decided
again is instead a power to make an order remitting the case to the ART to be
reviewed and decided again; and
(c) if any such order is made, the ART Act applies to the ART’s
review and decision of the case as if it were the review of a first-tier
decision; and
(d) any other power that:
(i) the Federal Court or the Federal Magistrates Court, as the case may
be, would have under the AAT Act in hearing and determining the appeal;
and
(ii) would allow the court to require the AAT to do any thing;
is instead a power to require the ART to do the thing; and
(e) the requirement in paragraph 46(1)(a) of the AAT Act for the AAT to
cause documents to be sent to the Federal Court is instead a requirement for the
ART to cause the documents to be sent to the Federal Court; and
(f) the requirement:
(i) in paragraph 46(1)(b) of the AAT Act for the Federal Court to cause
documents to be returned to the AAT; or
(ii) in subparagraph 46(1)(c)(ii) of the AAT Act for the Federal
Magistrates Court to cause documents to be returned to the AAT;
is instead a requirement for the court to cause the documents to be sent
to the ART.
48 Preservation of Federal Court and Federal
Magistrates Court appeal rights and appeals in progress under the ADJR
Act
Preservation of review application
rights
(1) If an application to the Federal Court or the Federal Magistrates Court
under the ADJR Act for an order of review in respect of:
(a) a decision of the AAT; or
(b) conduct engaged in for the purpose of making a decision of the AAT;
or
(c) a failure to make a decision of the AAT;
had not been lodged by a person with the Registry of the court concerned
before AAT abolition time:
(d) the ADJR Act continues to apply in relation to the decision despite
the repeal of the AAT Act by this Act; and
(e) if, as a result, an application to the Federal Court or the Federal
Magistrates Court is lodged after AAT abolition time, then, subject to
subitem (3), the ADJR Act applies to the application despite the
repeal of the AAT Act by this Act.
Preservation of Federal Court and Federal
Magistrates Court applications in progress
(2) If:
(a) before abolition time, an application was lodged with the Federal
Court or the Federal Magistrates Court under the ADJR Act for an order of
review in respect of:
(i) a decision of the AAT; or
(ii) conduct engaged in for the purpose of making a decision of the AAT;
or
(iii) a failure to make a decision of the AAT; and
(b) by AAT abolition time, the Federal Court, the Family Court (where
proceedings in respect of the application were transferred to that court in
accordance with section 18A of the ADJR Act) or the Federal Magistrates
Court had not heard and determined the application;
subject to subitem (3), the ADJR Act applies to the application
despite the repeal of the AAT Act by this Act.
Modified application of ADJR Act provisions
relating to Federal Court and Federal Magistrates Court
applications
(3) For the purposes of the application or continued application of the
ADJR Act in accordance with subitem (1) or (2):
(a) the power of the Federal Court, the Family Court or the Federal
Magistrates Court to make an order referring the matter to which the decision
relates to the AAT for further consideration is instead a power to make an order
referring the matter to which the decision relates to the ART for further
consideration; and
(b) if any such order is made, the ART Act applies to the ART’s
further consideration of the matter as if it were the review of a first-tier
decision; and
(c) any other power that:
(i) the Federal Court, the Family Court or the Federal Magistrates Court
would have under the ADJR Act in hearing and determining the application;
and
(ii) would allow the court to require the AAT to do any thing;
is instead a power to require the ART to do the thing.
49 Preservation of other review application
rights and reviews in progress
Preservation of other review application
rights
(1) If an application to any court (other than under the AAT Act or the
ADJR Act), tribunal, person or authority for review in respect of:
(a) a decision of the AAT; or
(b) conduct engaged in for the purpose of making a decision of the AAT;
or
(c) a failure to make a decision of the AAT;
had not been made before AAT abolition time:
(d) such an application continues to be able to be made in relation to the
decision, and section 10 of the ADJR Act continues to apply in relation to
the application, in the same way as it would if the AAT Act had not been
repealed by this Act; and
(e) if, as a result, such an application is made after AAT abolition time,
then, subject to subitem (3), the application is to be heard and determined
in the same way as it would if the AAT Act had not been repealed by this
Act.
Preservation of other reviews in
progress
(2) If:
(a) before abolition time, an application had been made to any court
(other than under the AAT Act or the ADJR Act), tribunal, person or authority
for review in respect of:
(i) a decision of the AAT; or
(ii) conduct engaged in for the purpose of making a decision of the AAT;
or
(iii) a failure to make a decision of the AAT; and
(b) by AAT abolition time, the court, tribunal, person or authority had
not heard and determined the application;
subject to subitem (3), the application is to be heard and determined
in the same way as it would if the AAT Act had not been repealed by this
Act.
Modified powers of bodies conducting reviews in
progress
(3) For the purposes of hearing and determining an application in
accordance with subitem (1) or (2):
(a) any power of the court, tribunal, person or authority to refer the
matter to which the decision relates to the AAT for further consideration is
instead a power to refer the matter to which the decision relates to the ART for
further consideration; and
(b) if any such matter is referred, the ART Act applies to the ART’s
further consideration of the matter as if it were the review of a first-tier
decision; and
(c) any other power that:
(i) the court, tribunal, person or authority would have in hearing and
determining the application; and
(ii) would allow the court, tribunal, person or authority to require the
AAT to do any thing;
is instead a power to require the ART to do the thing.
50 Preservation of powers to waive and refund
fees
(1) The Chief Executive Officer of the ART may waive payment of any fee for
an application that was made under the AAT Act before AAT abolition time if,
having regard to the income, day to day living expenses, liabilities and assets
of the person liable to pay the fee, the Chief Executive Officer is of the
opinion that payment of the fee would cause financial hardship to the
person.
(2) If the Chief Executive Officer does so:
(a) in any case—to the extent that the fee was paid before the
waiver, the fee must be refunded to the person who paid it; and
(b) in the case of an application to the AAT for review of a
decision—for the purposes of determining under this Schedule whether the
application was duly made before AAT abolition time, the application is taken to
have been made when it was lodged with the AAT.
(3) The ART may certify that proceedings under the AAT Act that terminated
before AAT abolition time terminated in a manner favourable to the applicant. If
the ART does so, the person who paid an application fee in relation to the
proceedings is entitled to a refund of the fee.
51 Preservation of costs directions
etc.
(1) If:
(a) before AAT abolition time, the President of the AAT had given a
direction:
(i) under paragraph 69A(1)(a) of the AAT Act, for costs to be taxed and
settled by the AAT; or
(ii) under paragraph 69A(1)(b) of the AAT Act, for costs to be taxed by
the Registrar, a District Registrar or a Deputy Registrar; and
(b) by AAT abolition time, the costs had not been taxed, or had not been
taxed and settled;
then:
(c) if paragraph (a) applies—the ART must tax the costs and,
when it does so, section 156 of the ART Act applies as if the ART had done
so under that section; and
(d) if paragraph (b) applies—the Chief Executive Officer of the
ART must tax the costs in accordance with the direction and, when he or she does
so, section 156 of the ART Act applies as if the ART had done so under that
section.
(2) If:
(a) before AAT abolition time, an application had been made to the AAT
under subsection 69A(2) of the AAT Act for review of an amount taxed;
and
(b) by AAT abolition time, the AAT had not reviewed the amount and done
any of the things permitted by subsection 69A(3) of the AAT Act;
section 156 of the ART Act applies as if the application had been made
to the ART under subsection (2) of that section and the costs had been
taxed by the Chief Executive Officer of the ART.
Part 10—Other
transitional matters
52 Attorney-General’s certificate under
subsection 38(2) of the ASIO Act
A certificate that the Attorney-General gave under subsection 38(2) of the
Australian Security Intelligence Organisation Act 1979 before AAT
abolition time has effect after that time as if it had been given under
subsection 38(2) of that Act as in force after that time.
Part 11—Administrative
Review Council appointments, performance of functions etc. unaffected by repeal
of Part V of AAT Act
53 Administrative Review Council appointments,
performance of functions etc.
(1) After Part V of the AAT Act is repealed by section 3 of this
Act, the following have effect as if they had taken place, at the time they
actually took place, under Part 11 of the ART Act:
(a) any appointment under Part V of the AAT Act of any member of the
Administrative Review Council that was in force immediately before that Part was
repealed; or
(b) the conduct of any inquiry, or the doing of any other thing, by the
Administrative Review Council that began or was completed under Part V of
the AAT Act before that Part was repealed; or
(c) the referral of any matter to the Administrative Review Council, or
the doing of any other thing, by the Attorney-General, that took place under
Part V of the AAT Act before that Part was repealed; or
(d) the doing of any other thing under Part V of the AAT Act before
that Part was repealed.
(2) If, when this Part commences, the operations of the Administrative
Review Council under Part V of the AAT Act during the whole or part of a
financial year have not been covered by a report that has been furnished in
accordance with subsection 58(2) of the AAT Act, those operations must be
covered in the first report of the Administrative Review Council under
section 193 of the ART Act.
Part 1—Abolition
of Migration Review Tribunal
1 Definitions
In this Part:
ART means the Administrative Review Tribunal established by
the ART Act.
ART Act means the Administrative Review Tribunal Act
2000.
Federal Court means the Federal Court of Australia.
member of the MRT means a member within the meaning of
section 337 of the Migration Act 1958 as in force immediately before
MRT abolition time.
MRT means the Migration Review Tribunal established by
Division 1 of Part 6 of the Migration Act 1958, as in force
immediately before MRT abolition time.
MRT abolition time means the time when Schedule 14 to
this Act commences.
President of the ART means the President as
defined by section 6 of the ART Act.
presiding member of the ART means the member of the ART who,
in accordance with section 88 of the ART act, presides.
presiding member of the MRT means the presiding member,
within the meaning of section 337 of the Migration Act 1958 as in
force immediately before MRT abolition time, of the MRT.
Division 2—Members
of the Migration Review Tribunal
2 Deemed appointment of MRT members as ART
members
(1) A person who was, immediately before MRT abolition time, a member of
the MRT is taken to be appointed, immediately after that time, under subsection
13(2) of the ART Act as a member of the ART.
(2) The person is taken to have been so appointed:
(a) as a member who is not an executive member or senior member;
and
(b) to the Immigration and Refugee Division of the ART; and
(c) for a period of 12 months.
Division 3—Transfer
of evidence, records and documents etc.
3 Transfer of records and
documents
Any evidence (including any oral evidence that has been recorded in any
form), records, documents or other things (including those in electronic form)
relating to the MRT’s review of decisions that were in the possession of
the MRT immediately before MRT abolition time are to be transferred to the
ART.
4 Return of documents by Federal
Court
If, immediately before MRT abolition time, the Federal Court has any
documents that, if Part 6 of the Migration Act 1958 had not been
repealed, the Court would at any time be required to return to the
MRT:
(a) the Court must instead transfer the documents to the ART at the time
when it would otherwise have been required to return them to the MRT;
and
(b) the President of the ART may return the documents to the person who
gave them to the MRT.
5 Annual report
(1) The President of the ART must, as soon as practicable after MRT
abolition time, give a report to the Minister for Immigration and Multicultural
Affairs, for presentation to the Parliament, on the MRT’s activities
during the period since 30 June 2000.
(2) The report must be prepared in accordance with guidelines approved on
behalf of the Parliament by the Joint Committee of Public Accounts and
Audit.
Division 5—Rights
to notice and statements in relation to pre-MRT abolition time decisions
reviewable by MRT
6 Notice of pre-MRT abolition time decision and
review rights
Sections 339A and 340 of the Migration Act 1958 as in force
after MRT abolition time only apply to a decision made before MRT abolition
time, in respect of which an application for review by the MRT of the decision
could be made, if notice of the decision was not given before MRT abolition time
under section 66 or 127 of the Migration Act 1958 Act as then in
force.
Division 6—Applications
for ART review of pre-MRT abolition time decisions reviewable by
MRT
7 Applications for ART review of pre-MRT
abolition time decisions reviewable by MRT to be made in certain cases
only
An application under section 343 of the Migration Act 1958 as
in force after MRT abolition time for review of a decision made before MRT
abolition time, in respect of which an application for review by the MRT of the
decision could be made, can only be made in accordance with this Part.
8 Applications for ART review of pre-MRT
abolition time decisions reviewable by MRT where time limit has not
expired
If:
(a) before MRT abolition time, a person entitled to make an application
for MRT review of a decision had not properly made such an application;
and
(b) by MRT abolition time, the prescribed period for doing so had not
ended;
such a person may, after MRT abolition time, apply to the ART under
section 343 of the Migration Act 1958 as then in force for review of
the decision, provided the person does so before the period ends.
Note: If the Minister for Immigration and Multicultural
Affairs had, before MRT abolition time, given a certificate under
section 339 of the Migration Act 1958 in relation to a decision, an
application for MRT review of the decision could not have been made. Hence no
application can be made for ART review of the decision.
Division 7—ART
continuation of MRT review
9 ART to conduct review where application for
MRT review properly made but no MRT decision made
If:
(a) before MRT abolition time, a person had properly made an application
to the MRT for review of a decision; and
Note: An application properly made would include an
application that is taken by subitem 40(1) of Part 2 of Schedule 1 to
the Migration Legislation Amendment Act (No. 1) 1998 to have been
properly made.
(b) by MRT abolition time, the MRT had not made its decision under
section 349 of the Migration Act 1958 on the application;
then, subject to the remainder of this Part, Part 5 of the
Migration Act 1958 as in force after MRT abolition time applies in
relation to the application as if it were an application for review by the ART
of a reviewable general visa decision that:
(c) complied with the requirements of sections 344, 346, 346A and 347
of that Act as then in force; and
(d) was made to the ART at the time when it was made to the MRT.
10 Modified ART review—constitution of
ART
(1) For the purposes of the ART’s review of the decision to which
item 9 applies:
(a) the President of the ART is taken to have given, immediately after MRT
abolition time, a written direction under subsection 354(2) of the Migration
Act 1958 as then in force that the member or members who constituted the MRT
for the purpose of its review immediately before MRT abolition time are to
constitute the ART; and
(b) if:
(i) the direction, under subsection 354(2) of the Migration Act
1958 as in force before MRT abolition time, constituting the MRT for its
review of the decision required 2 or 3 members to constitute the MRT;
and
(ii) as a result of paragraph (a) of this subitem, fewer than the 2
or 3 members constitute the ART for the purpose of its review of the
decision;
the President of the ART may give a written direction under subsection
354(2) of the Migration Act 1958 as in force immediately after MRT
abolition time, in accordance with directions under section 353A of that
Act, that an additional member or members are to constitute the ART, provided
this does not result in more than the 2 or 3 members mentioned in
paragraph (b) of this subitem constituting the ART.
Note: The MRT members are taken by item 2 to have been
appointed to the ART.
(2) For the purposes of giving a direction under paragraph (1)(b),
subsection 354(3) of the Migration Act 1958 does not apply.
11 Modified ART review where pre-MRT abolition
time notice of application given
If:
(a) before MRT abolition time, notice of the application to the MRT for
review of the decision to which item 9 applies was given to the Secretary
of the Department of Immigration and Multicultural Affairs, in accordance with
subsection 352(1) of the Migration Act 1958; or
(b) before MRT abolition time, a requirement had arisen under subsection
352(2) or (3) of the Migration Act 1958 for the Secretary of the
Department of Immigration and Multicultural Affairs to give copies of a
statement to the Registrar of the MRT, but that obligation had not been complied
with by MRT abolition time; or
(c) before MRT abolition time, a requirement had arisen under subsection
352(4) of the Migration Act 1958 for the Secretary of the Department of
Immigration and Multicultural Affairs to give documents or parts of documents to
the Registrar of the MRT, but that obligation had not been complied with by MRT
abolition time; or
(d) before MRT abolition time, the Secretary of the Department of
Immigration and Multicultural Affairs gave documents or parts of documents to
the Registrar of the MRT in accordance with subsection 352(4) of the
Migration Act 1958;
then, after MRT abolition time:
(e) if paragraph (a) applies—section 347B of the
Migration Act 1958 as then in force does not apply in relation to the
ART’s review of the decision, but Part 5 of that Act applies in
relation to that review as if the notice of the application mentioned in
paragraph (a) of this item had been given under that section and had
related to the review; or
(f) if paragraph (b) applies—the requirement to give the copies
mentioned in that paragraph continues despite the amendments made by this
Schedule, but is instead a requirement to give them to the Chief Executive
Officer of the ART; or
(g) if paragraph (c) applies:
(i) the requirement to give the documents or parts of documents mentioned
in that paragraph continues despite the amendments made by this Schedule, but is
instead a requirement to give them to the Chief Executive Officer of the ART;
and
(ii) if they are given, Part 5 of the Migration Act 1958 as
then in force applies as if they were given under section 347C of that Act;
or
(h) if paragraph (d) applies—subsection 347C(1) of the
Migration Act 1958 as in force after MRT abolition time does not apply in
relation to the ART’s review of the decision, but Part 5 of that Act
applies in relation to that review as if the documents or parts of documents
mentioned in paragraph (d) of this item had been given to the ART under
that subsection and had related to that review.
12 Modified ART review—continuation of
invitations to give additional information or comment etc.
If:
(a) before MRT abolition time, a person was invited:
(i) under section 359 of the Migration Act 1958 to give
additional information; or
(ii) under section 359A of that Act to comment on information;
or
(iii) under section 360 of that Act to appear before the MRT to give
evidence and present arguments;
in relation to the MRT’s review of the decision to which
item 9 applies; and
(b) by MRT abolition time, the person had not given the information,
commented or appeared before the MRT to give evidence and present
arguments;
the invitation has effect after MRT abolition time as if it had been given
under section 359, 359A or 361, respectively, of the Migration Act 1958
as then in force, and had related to the ART’s review of the
decision.
13 Modified ART review—continuation of
non-appearance requirement
If, before MRT abolition time, the applicant in relation to the MRT’s
review of the decision to which item 9 applies was, because of subsection
360(3) of the Migration Act 1958, not entitled to appear before the MRT,
the applicant is not entitled to appear before the ART in relation to the
ART’s review of the decision.
14 Modified ART review where pre-MRT abolition
time invitation to appear
If:
(a) before MRT abolition time, the MRT had, under section 360A of the
Migration Act 1958, given notice to the applicant for review of the
decision to which item 9 applies; and
(b) by MRT abolition time, the time specified in the notice had not
passed;
then, for the purposes of the ART’s review of the decision:
(c) sections 361 and 362B of the Migration Act 1958, as in
force immediately before MRT abolition time, have the same effect after MRT
abolition time in relation to the notice as they would if they had not been
repealed or amended by this Act; and
(d) sections 361B and 362B of the Migration Act 1958 as in
force after MRT abolition time do not apply in relation to the
applicant.
15 Modified ART review—continuation of
requirement where applicant wishes witnesses etc. to be
called
If:
(a) before MRT abolition time, the MRT was required by subsection 361(3)
of the Migration Act 1958 to have regard to a notice by the applicant in
relation to the MRT’s review of the decision to which item 9 applies;
and
(b) by MRT abolition time, the MRT had not complied with the
notice;
the ART must, in its review of the decision, have regard to the notice, but
is not required to comply with it.
16 Modified ART review—continuation of
effect of decision not to obtain evidence at request of
applicant
If:
(a) before MRT abolition time, the MRT was required by paragraph 362(2)(a)
of the Migration Act 1958 to have regard to a request by the applicant in
the MRT’s review of the decision to which item 9 applies;
and
(b) the request was that the MRT obtain oral evidence from a specified
person or persons; and
(c) before MRT abolition time, the MRT decided not to obtain evidence
(oral or otherwise) from the person or one or more of the persons specified in
the request;
the ART must not obtain such evidence from the person or the one or more
persons.
17 Modified ART review—continuation of
effect of failure of applicant to appear before MRT
If:
(a) before MRT abolition time, the MRT was entitled under subsection
362B(1) of the Migration Act 1958 to make a decision on its review of the
decision to which item 9 applies without taking any further action to allow
or enable the applicant for the review to appear before it; and
(b) by MRT abolition time, the MRT had not made such a decision;
then, for the purposes of the ART’s review of the decision, the ART
may:
(c) make a decision on its review of the decision without taking any
further action to allow or enable the applicant for the review to appear before
it; or
(d) schedule the applicant’s appearance before it, or delay its
decision on the review in order to enable the applicant to appear before it as
scheduled.
18 Modified ART review—continuation of
adjournment
If, before MRT abolition time, the MRT had adjourned its review of the
decision to which item 9 applies to a time (the recommencement
time) after MRT abolition time, the ART must not commence its review of
the decision before the recommencement time.
19 Modified ART review—continuation of
requirement for investigation
If:
(a) before MRT abolition time, the MRT had, under paragraph 363(1)(d) of
the Migration Act 1958, required the Secretary of the Department of
Immigration and Multicultural Affairs to arrange for the making of an
investigation or a medical examination, and report to the MRT, with respect to
the MRT’s review of the decision to which item 9 applies;
and
(b) by MRT abolition time:
(i) the investigation or examination had not commenced or been completed;
or
(ii) the investigation or examination had been completed but the report
had not been commenced, completed or given to the MRT;
the Secretary of the Department of Immigration and Multicultural Affairs
must, with respect to the ART’s review of the decision, arrange
for:
(c) if subparagraph (b)(i) applies—the investigation or
examination to commence or be completed, and a report of the investigation or
examination to be then given to the ART; or
(d) if subparagraph (b)(ii) applies—the report to be commenced
or completed and then given to the ART, or to be given to the ART, as the case
requires.
20 Modified ART review—continuation of
combined reviews
If, immediately before MRT abolition time, the MRT’s reviews of 2 or
more decisions to which item 9 applies were combined under subsection
363(2) of the Migration Act 1958, the ART must combine its review of the
decisions.
21 Modified ART review—continuation of
effect of summons
If:
(a) before MRT abolition time, the presiding member of the MRT in relation
to the MRT’s review of a decision to which item 9 applies
had:
(i) under paragraph 363(3)(a) of the Migration Act 1958, summoned a
person to appear before the MRT to give evidence; or
(ii) under paragraph 363(3)(b) of the Migration Act 1958, summoned
a person to produce documents to the MRT; and
(b) the time for the person to appear before the MRT to give the evidence,
or to produce the documents to the MRT, in accordance with the summons was after
MRT abolition time;
the summons has effect, for the purposes of the ART’s review of the
decision, as if it had been issued under paragraph 364A(1)(a) or (b) of the
Migration Act 1958 as in force after MRT abolition time, and had required
the person to appear before the ART to give the evidence or to produce the
documents to the ART at the time when the person was required to appear before
the MRT or to produce the documents to the MRT.
22 Modified ART review—continuation of
effect of authorisation to take evidence
Continuation of
authorisation
(1) If, immediately before MRT abolition time, a person was authorised
under subsection 364(1) of the Migration Act 1958 to take evidence on
oath or affirmation for the purpose of the MRT’s review of the decision to
which item 9 applies:
(a) the person is taken to have been authorised immediately after MRT
abolition time, under that subsection as then in force, to take evidence on oath
or affirmation for the purpose of the ART’s review of the decision;
and
(b) if any limitations were specified under subsection 364(2) of the
Migration Act 1958 by the presiding member of the MRT in relation to the
exercise of the power—the same limitations are taken to have been
specified by the presiding member of the ART in relation to the exercise of the
power.
Continuation of requirements under authorisation
etc.
(2) If, before MRT abolition time, a person had taken evidence under
subsection 364(1) of the Migration Act 1958 for the purpose of the
MRT’s review of the decision to which item 9 applies:
(a) where, by MRT abolition time, the person had not caused a written
record of the evidence to be made and sent, or to be sent, to the presiding
member of the MRT—the person must, after MRT abolition time, cause a
written record of the evidence to be made and sent, or to be sent, to the
presiding member of the ART; and
(b) where, by MRT abolition time, the person had caused a written record
of the evidence to be made and sent to the presiding member of the MRT—the
ART is taken, for the purposes of its review of the decision, to have given the
applicant an opportunity to appear before it to give evidence.
23 Modified ART review—continuation of
effect of directions requiring review to be in private
(1) If:
(a) before MRT abolition time, the MRT, under section 365 of the
Migration Act 1958:
(i) gave a direction, in relation to its review of the decision to which
item 9 applies, that particular oral evidence was to be taken in private;
or
(ii) gave a direction, in relation to that review, as to the persons who
may be present when particular oral evidence was taken in accordance with a
direction mentioned in subparagraph (i); and
(b) by MRT abolition time, the particular oral evidence had not been
taken;
the direction has effect after MRT abolition time as if it had been given
immediately after MRT abolition time under that section as then in force and had
related to the ART’s review of the decision.
(2) If, before MRT abolition time, the MRT under section 365 of the
Migration Act 1958:
(a) gave a direction, in relation to its review of the decision to which
item 9 applies, that oral evidence for the purposes of the review was to be
taken in private; or
(b) gave a direction, in relation to that review, as to the persons who
may be present when oral evidence was taken in accordance with a direction
mentioned in paragraph (a);
the direction has effect after MRT abolition time as if it had been given
immediately after MRT abolition time under that section as then in force and had
related to the ART’s review of the decision.
24 Modified ART review—continuation of
permission to allow appearance by telephone etc.
If:
(a) before MRT abolition time, the MRT had, in relation to its review of
the decision to which item 9 applies, allowed, under subsection 366(1) of
the Migration Act 1958, the applicant to appear before the MRT, or the
applicant or another person to give evidence to the MRT, by a means set out in
paragraph (a), (b) or (c) of that subsection; and
(b) by MRT abolition time, the applicant had not appeared, or the
applicant or other person had not given evidence;
the ART is taken, for the purposes of its review of the decision, to have
allowed, immediately after MRT abolition time, under that subsection as then in
force, the applicant to appear before it, or the applicant or other person to
give evidence to it, by the same means.
25 Modified ART review—continuation of
appointment of interpreter
If, before MRT abolition time, the MRT had, in relation to its review of
the decision to which item 9 applies, appointed an interpreter under
section 366C of the Migration Act 1958 for the purposes of
communication between the MRT and a person, the ART is taken to have appointed
the interpreter, immediately after MRT abolition time, under that section as
then in force, for the purposes of communication between the ART and the person
in relation to the ART’s review of the decision.
26 Modified ART review—continuation of
extension of period for completing certain reviews
If:
(a) before MRT abolition time, the MRT had, under subsection 367(2) of the
Migration Act 1958, extended the period within which the MRT must make
and notify its decision on its review of the decision to which item 9
applies; and
(b) by MRT abolition time, that period as extended (the extended
period) had not ended; and
(c) the period prescribed for the purposes of section 366E of the
Migration Act 1958 in its application to the ART’s review of the
decision ends before the end of the extended period;
the ART is taken, immediately after MRT abolition time, under
section 366E of the Migration Act 1958 as then in force, to have
extended, until the end of the extended period, the period prescribed for the
purposes of that section in its application to the ART’s review of the
decision.
27 Modified ART review—continuation of
effect of certificates by Minister for Immigration and Multicultural
Affairs
If, before MRT abolition time, the Minister for Immigration and
Multicultural Affairs issued a certificate under section 375, 375A or 376
of the Migration Act 1958 in relation to MRT’s review of the
decision to which item 9 applies, that certificate has effect after MRT
abolition time as if it had been issued immediately after MRT abolition time,
under that section as then in force, and related to the ART’s review of
the decision.
28 Modified ART review—continuation of
pre-MRT abolition directions restricting publication
If, immediately before MRT abolition time, a direction under subsection
378(1) of the Migration Act 1958 was in force in relation to the decision
to whose review item 9 applies, section 378 of that Act as then in
force continues to apply to the direction despite the amendments made by this
Act.
29 Modified ART review—need for efficiency
etc.
(1) The ART must, in conducting its review of the decision to which
item 9 applies, ensure that the transition from MRT review to ART review
takes place as efficiently as possible, having regard to the objects set out in
section 3 (other than paragraph (d)) of the ART Act.
(2) In particular, the ART must, in conducting its review of the decision
to which item 9 applies, have regard to all evidence (including oral
evidence in any form), records, documents or other things (including those in
electronic form) relating to the MRT’s review of the decision that are
transferred to it in accordance with item 3.
(3) Also, if:
(a) when the decision was under review by the MRT, persons appeared before
the MRT to give evidence and present arguments relating to issues arising in
relation to the decision; and
(b) the ART does not allow the persons to appear before the ART to give
the same evidence or present the same arguments;
this cannot form the basis of a ground for review by the Federal Court
under Part 8 of the Migration Act 1958 or otherwise, of any decision
made, or other thing done, by the ART.
Division 8—Effect
of repeal of Part 6 of Migration Act 1958 on MRT decisions and Federal
Court appeals against such decisions etc.
30 Preservation of effect of MRT
decisions
A decision of the MRT under section 349 of the Migration Act
1958 continues to have effect after MRT abolition time despite the
amendments made by this Act.
31 Preservation of requirement to give statement
of reasons for MRT decision
(1) If:
(a) before MRT abolition time, the MRT had made its decision under
section 349 of the Migration Act 1958 on review of a decision;
and
(b) the MRT was required by section 368B of that Act to hand down the
decision, but had not done so by MRT abolition time;
the ART must:
(c) if the MRT had prepared a statement under subsection 368(1) of the
Migration Act 1958 before MRT abolition time—give a copy of the
statement to the applicant and to the Secretary of the Department of Immigration
and Multicultural Affairs within 14 days after this item commences; or
(d) if not—prepare a statement of the kind required by that
subsection and give it to the applicant and the Secretary of the Department of
Immigration and Multicultural Affairs, in accordance with subsection 368A(3) of
the Migration Act 1958 as in force immediately after MRT abolition time,
within 14 days after this item commences.
(2) If:
(a) before MRT abolition time, a requirement had arisen under subsection
368B(6) or (7) or 368D(1) of the Migration Act 1958 for the MRT to give a
copy of a statement in relation to a decision of the MRT; and
(b) by MRT abolition time, the MRT had not given the copy;
the ART must give the copy within 14 days after this item
commences.
32 Preservation of MRT requirement for
decision-maker to reconsider a decision or matter
If:
(a) before MRT abolition time, the MRT, under paragraph 349(2)(c) of the
Migration Act 1958, remitted a matter for reconsideration in accordance
with directions or recommendations of the MRT; and
(b) by MRT abolition time, the matter had not been reconsidered;
the requirement to reconsider the matter continues despite the amendments
made by this Act.
33 Preservation of Minister’s power to
substitute more favourable decision
Section 351 of the Migration Act 1958, as in force immediately
before MRT abolition time, continues to apply to a decision of the MRT under
section 349 of that Act despite the amendments made by this Act.
34 Preservation of offence of disclosing
confidential information
Section 377 of the Migration Act 1958, as in force immediately
before MRT abolition time, continues to apply to information or documents
obtained before MRT abolition time despite the amendments made by this
Act.
35 Preservation of Federal Court application
rights and reviews in progress
Preservation of application
rights
(1) If an application to the Federal Court for review of a decision of the
MRT had not been made by a person before MRT abolition time:
(a) Part 8 of the Migration Act 1958 as in force immediately
before MRT abolition time continues to apply for the purposes of making an
application in relation to the decision despite the amendments made by this Act;
and
(b) if, as a result, a person makes an application to the Federal Court
after MRT abolition time—subject to subitem (3), Part 8 of the
Migration Act 1958 as in force immediately before MRT abolition time
applies to the application despite the amendments made by this Act.
Preservation of Federal Court reviews in
progress
(2) If:
(a) before MRT abolition time, an application to the Federal Court was
made under Part 8 of the Migration Act 1958 for review of a decision
of the MRT; and
(b) the Federal Court had not made its order on the review before MRT
abolition time;
subject to subitem (3), Part 8 of the Migration Act 1958
continues to apply in relation to that application despite the amendments made
by this Act.
Modified application of Part 8 of Migration
Act 1958
(3) For the purposes of the application or continued application of
Part 8 of the Migration Act 1958 as in force before MRT abolition
time in relation to an application for review of a decision in accordance with
subitem (1) or (2):
(a) the power of the Federal Court under paragraph 481(1)(b) of the
Migration Act 1958 to make an order referring the matter to which the
decision relates to the MRT for further consideration is instead a power to make
an order referring the matter to the ART for further consideration;
and
(b) if any such order is made, Part 5 of the Migration Act
1958 as in force immediately after MRT abolition time applies to the
ART’s further consideration; and
(c) any other power to make an order that:
(i) the Federal Court would have under the Migration Act 1958 in
hearing and determining the application; and
(ii) would allow the Court to require the MRT to do any thing;
is instead a power to make an order requiring the ART to do the
thing.
36 Preservation of other review application
rights and reviews in progress
Preservation of other application
rights
(1) If an application to any court (other than under the Migration Act
1958) in respect of a decision of the MRT had not been made before MRT
abolition time:
(a) such an application continues to be able to be made in relation to the
decision in the same way as it would if the amendments made by this Act had not
been made; and
(b) if, as a result, such an application is made after MRT abolition time,
then, subject to subitem (3), the application is to be heard and determined
in the same way as it would if the amendments made by this Act had not been
made.
Preservation of other applications in
progress
(2) If:
(a) before MRT abolition time, an application had been made to any court
(other than under the Migration Act 1958) in respect of a decision of the
MRT; and
(b) by MRT abolition time, the court had not heard and determined the
application;
subject to subitem (3), the application is to be heard and determined
in the same way as it would if the amendments made by this Act had not been
made.
Modified powers of courts determining
applications in progress
(3) For the purposes of hearing and determining an application in
accordance with subitem (1) or (2):
(a) any power of the court to refer the matter to which the decision
relates to the MRT for further consideration is instead a power to refer the
matter to which the decision relates to the ART for further consideration;
and
(b) Part 5 of the Migration Act 1958 as in force immediately
after MRT abolition time applies to the ART’s further consideration;
and
(c) any other power that:
(i) the court would have in hearing and determining the application;
and
(ii) would allow the court to require the MRT to do any thing;
is instead a power to require the ART to do the thing.
Part 2—Abolition
of Refugee Review Tribunal
37 Definitions
In this Part:
ART means the Administrative Review Tribunal established by
the ART Act.
ART Act means the Administrative Review Tribunal Act
2000.
Federal Court means the Federal Court of Australia.
member of the RRT means a member within the meaning of
section 410 of the Migration Act 1958 as in force immediately before
RRT abolition time.
President of the ART means the President as
defined by section 6 of the ART Act.
presiding member of the ART means the member of the ART who,
in accordance with section 88 of the ART act, presides.
RRT means the Refugee Review Tribunal established by
Division 9 of Part 7 of the Migration Act 1958, as in force
immediately before RRT abolition time.
RRT abolition time means the time when Schedule 14 to
this Act commences.
Division 2—Members
of the Refugee Review Tribunal
38 Deemed appointment of RRT members as ART
members
(1) A person who was, immediately before RRT abolition time, a member of
the RRT is taken to be appointed, immediately after that time, under subsection
13(2) of the ART Act as a member of the ART.
(2) The person is taken to have been so appointed:
(a) as a member who is not an executive member or senior member;
and
(b) to the Immigration and Refugee Division of the ART; and
(c) for a period of 12 months.
Division 3—Transfer
of evidence, records and documents etc.
39 Transfer of records and
documents
Any evidence (including any oral evidence that has been recorded in any
form), records, documents or other things (including those in electronic form)
relating to the RRT’s review of decisions that were in the possession of
the RRT immediately before RRT abolition time are to be transferred to the
ART.
40 Return of documents by Federal
Court
If, immediately before RRT abolition time, the Federal Court has any
documents that, if Part 7 of the Migration Act 1958 had not been
repealed, the Court would at any time be required to return to the
RRT:
(a) the Court must instead transfer the documents to the ART at the time
when it would otherwise have been required to return them to the RRT;
and
(b) the President of the ART may return the documents to the person who
gave them to the RRT.
41 Annual report
(1) The President of the ART must, as soon as practicable after RRT
abolition time, give a report to the Minister for Immigration and Multicultural
Affairs, for presentation to the Parliament, on the RRT’s activities
during the period since 30 June 2000.
(2) The report must be prepared in accordance with guidelines approved on
behalf of the Parliament by the Joint Committee of Public Accounts and
Audit.
Division 5—Rights
to notice and statements in relation to pre-RRT abolition time decisions
reviewable by RRT
42 Notice of pre-RRT abolition time decision and
review rights
Sections 339A and 340 of the Migration Act 1958 as in force
after RRT abolition time only apply to a decision made before RRT abolition
time, in respect of which an application for review by the RRT of the decision
could be made, if notice of the decision was not given under section 66 or
127 of that Act before RRT abolition time.
Division 6—Applications
for ART review of pre-RRT abolition time decisions reviewable by
RRT
43 Applications for ART review of pre-RRT
abolition time decisions reviewable by RRT to be made in certain cases
only
An application under section 343 of the Migration Act 1958 as
in force after RRT abolition time for review of a decision made before RRT
abolition time, in respect of which an application for review by the MRT of the
decision could be made, can only be made in accordance with this Part.
44 Applications for ART review of pre-RRT
abolition time decisions reviewable by RRT where time limit has not
expired
If:
(a) before RRT abolition time, a person entitled to make an application
for RRT review of a decision had not properly made such an application;
and
(b) by RRT abolition time, the prescribed period for doing so had not
ended;
such a person may, after RRT abolition time, apply to the ART under
section 343 of the Migration Act 1958 as then in force for review of
the decision, provided the person does so before the period ends.
Note: If the Minister for Immigration and Multicultural
Affairs had, before RRT abolition time, given a certificate under subsection
411(3) of the Migration Act 1958 in relation to a decision, an
application for RRT review of the decision could not have been made. Hence no
application can be made for ART review of the decision.
Division 7—ART
continuation of RRT review
45 ART to conduct review where application for
RRT review properly made but no RRT decision made
If:
(a) before RRT abolition time, a person had properly made an application
to the RRT for review of a decision; and
(b) by RRT abolition time, the RRT had not made its decision under
section 415 of the Migration Act 1958 on the application;
then, subject to the remainder of this Part, Part 5 of the
Migration Act 1958 as in force after RRT abolition time applies in
relation to the application as if it were an application for review by the ART
of a reviewable protection visa decision that:
(c) complied with the requirements of sections 344, 346, 346A and 347
of that Act as then in force; and
(d) was made to the ART at the time when it was made to the RRT.
46 Modified ART review—constitution of
ART
For the purposes of the ART’s review of the decision to which
item 45 applies, the President of the ART is taken to have given,
immediately after RRT abolition time, a written direction under subsection
354(2) of the Migration Act 1958 as then in force that the member who
constituted the RRT for the purpose of its review immediately before RRT
abolition time is to constitute the ART.
Note: The RRT members are taken by item 38 to have been
appointed to the ART.
47 Modified ART review where pre-RRT abolition
time notice of application given
If:
(a) before RRT abolition time, notice of the application to the RRT for
review of the decision to which item 45 applies was given to the Secretary
of the Department of Immigration and Multicultural Affairs, in accordance with
subsection 418(1) of the Migration Act 1958; or
(b) before RRT abolition time, a requirement had arisen under subsection
418(2) of the Migration Act 1958 for the Secretary of the Department of
Immigration and Multicultural Affairs to give copies of a statement to the
Registrar of the RRT, but that obligation had not been complied with by RRT
abolition time; or
(c) before RRT abolition time, a requirement had arisen under subsection
418(3) of the Migration Act 1958 for the Secretary of the Department of
Immigration and Multicultural Affairs to give documents or parts of documents to
the Registrar of the RRT, but that obligation had not been complied with by RRT
abolition time; or
(d) before RRT abolition time, the Secretary of the Department of
Immigration and Multicultural Affairs gave documents or parts of documents to
the Registrar of the RRT in accordance with subsection 418(3) of the
Migration Act 1958;
then, after RRT abolition time:
(e) if paragraph (a) applies—section 347B of the
Migration Act 1958 as then in force does not apply in relation to the
ART’s review of the decision, but Part 5 of that Act applies in
relation to that review as if the notice of the application mentioned in
paragraph (a) of this item had been given under that section and had
related to the review; or
(f) if paragraph (b) applies—the requirement to give the copies
mentioned in that paragraph continues despite the amendments made by this
Schedule, but is instead a requirement to give them to the Chief Executive
Officer of the ART; or
(g) if paragraph (c) applies:
(i) the requirement to give the documents or parts of documents mentioned
in that paragraph continues despite the amendments made by this Schedule, but is
instead a requirement to give them to the Chief Executive Officer of the ART;
and
(ii) if they are given, Part 5 of the Migration Act 1958 as
then in force applies as if they were given under section 347C of that Act;
or
(h) if paragraph (d) applies—subsection 347C(1) of the
Migration Act 1958 as in force after RRT abolition time does not apply in
relation to the ART’s review of the decision, but Part 5 of that Act
applies in relation to that review as if the documents or parts of documents
mentioned in paragraph (d) of this item had been given to the ART under
that subsection and had related to that review.
48 Modified ART review—continuation of
invitations to give additional information or comment etc.
If:
(a) before RRT abolition time, a person was invited:
(i) under section 424 of the Migration Act 1958 to give
additional information; or
(ii) under section 424A of that Act to comment on information;
or
(iii) under section 425 of that Act to appear before the RRT to give
evidence and present arguments;
in relation to the RRT’s review of the decision to which
item 45 applies; and
(b) by RRT abolition time, the person had not given the information,
commented or appeared before the RRT to give evidence and present
arguments;
the invitation has effect after RRT abolition time as if it had been given
under section 359, 359A or 361, respectively, of the Migration Act 1958
as then in force, and had related to the ART’s review of the
decision.
49 Modified ART review—continuation of
non-appearance requirement
If, before RRT abolition time, the applicant in relation to the RRT’s
review of the decision to which item 45 applies was, because of subsection
425(3) of the Migration Act 1958, not entitled to appear before the RRT,
the applicant is not entitled to appear before the ART in relation to the
ART’s review of the decision.
50 Modified ART review where pre-RRT abolition
time invitation to appear
If:
(a) before RRT abolition time, the RRT had, under section 425A of the
Migration Act 1958, given notice to the applicant for review of the
decision to which item 45 applies; and
(b) by RRT abolition time, the time specified in the notice had not
passed;
then, for the purposes of the ART’s review of the decision:
(c) sections 426 and 426A of the Migration Act 1958, as in
force immediately before RRT abolition time, have the same effect after RRT
abolition time in relation to the notice as they would if they had not been
repealed or amended by this Act; and
(d) sections 361B and 362B of the Migration Act 1958 as in
force after RRT abolition time do not apply in relation to the
applicant.
51 Modified ART review—continuation of
requirement where applicant wishes witnesses etc. to be
called
If:
(a) before RRT abolition time, the RRT was required by subsection 426(3)
of the Migration Act 1958 to have regard to a notice by the applicant in
relation to the RRT’s review of the decision to which item 45
applies; and
(b) by RRT abolition time, the RRT had not complied with the
notice;
the ART must, in its review of the decision, have regard to the notice, but
is not required to comply with it.
52 Modified ART review—continuation of
effect of failure of applicant to appear before RRT
If:
(a) before RRT abolition time, the RRT was entitled under subsection
426A(1) of the Migration Act 1958 to make a decision on its review of the
decision to which item 45 applies without taking any further action to
allow or enable the applicant for the review to appear before it; and
(b) by RRT abolition time, the RRT had not made such a decision;
then, for the purposes of the ART’s review of the decision, the ART
may:
(c) make a decision on its review of the decision without taking any
further action to allow or enable the applicant for the review to appear before
it; or
(d) schedule the applicant’s appearance before it, or delay its
decision on the review in order to enable the applicant to appear before it as
scheduled.
53 Modified ART review—continuation of
adjournment
If, before RRT abolition time, the RRT had adjourned its review of the
decision to which item 45 applies to a time (the recommencement
time) after RRT abolition time, the ART must not commence its review of
the decision before the recommencement time.
54 Modified ART review—continuation of
requirement for investigation
If:
(a) before RRT abolition time, the RRT had, under paragraph 427(1)(d) of
the Migration Act 1958, required the Secretary of the Department of
Immigration and Multicultural Affairs to arrange for the making of an
investigation or a medical examination, and report to the RRT, with respect to
the RRT’s review of the decision to which item 45 applies;
and
(b) by RRT abolition time:
(i) the investigation or examination had not commenced or been completed;
or
(ii) the investigation or examination had been completed but the report
had not been commenced, completed or given to the RRT;
the Secretary of the Department of Immigration and Multicultural Affairs
must, with respect to the ART’s review of the decision, arrange
for:
(c) if subparagraph (b)(i) applies—the investigation or
examination to commence or be completed, and a report of the investigation or
examination to be then given to the ART; or
(d) if subparagraph (b)(ii) applies—the report to be commenced
or completed and then given to the ART, or to be given to the ART, as the case
requires.
55 Modified ART review—continuation of
combined reviews
If, immediately before RRT abolition time, the RRT’s reviews of 2 or
more decisions to which item 45 applies were combined under subsection
427(2) of the Migration Act 1958, the ART must combine its review of the
decisions.
56 Modified ART review—continuation of
effect of summons
If:
(a) before RRT abolition time, in relation to the RRT’s review of a
decision to which item 45 applies, the RRT had:
(i) under paragraph 427(3)(a) of the Migration Act 1958, summoned a
person to appear before the RRT to give evidence; or
(ii) under paragraph 427(3)(b) of the Migration Act 1958, summoned
a person to produce documents to the RRT; and
(b) the time for the person to appear before the RRT to give the evidence,
or to produce the documents to the RRT, in accordance with the summons was after
RRT abolition time;
the summons has effect, for the purposes of the ART’s review of the
decision, as if it had been issued under paragraph 364A(1)(a) or (b) of the
Migration Act 1958 as in force after RRT abolition time, and had required
the person to appear before the ART to give the evidence or to produce the
documents to the ART at the time when the person was required to appear before
the RRT or produce the documents to the RRT.
57 Modified ART review—continuation of
effect of authorisation to take evidence
Continuation of
authorisation
(1) If, immediately before RRT abolition time, a person was authorised
under subsection 428(1) of the Migration Act 1958 to take evidence on
oath or affirmation for the purpose of the RRT’s review of the decision to
which item 45 applies:
(a) the person is taken to have been authorised immediately after RRT
abolition time, under that subsection as then in force, to take evidence on oath
or affirmation for the purpose of the ART’s review of the decision;
and
(b) if any limitations were specified under subsection 428(2) of the
Migration Act 1958 by the RRT in relation to the exercise of the
power—the same limitations are taken to have been specified by the
presiding member of the ART in relation to the exercise of the power.
Continuation of requirements under authorisation
etc.
(2) If, before RRT abolition time, a person had taken evidence under
subsection 428(1) of the Migration Act 1958 for the purpose of the
RRT’s review of the decision to which item 45 applies:
(a) where, by RRT abolition time, the person had not caused a written
record of the evidence to be made and sent, or to be sent, to the member of the
RRT—the person must, after RRT abolition time, cause a written record of
the evidence to be made and sent, or to be sent, to the presiding member of the
ART; and
(b) where, by RRT abolition time, the person had caused a written record
of the evidence to be made and sent to the member of the RRT—the ART is
taken, for the purposes of its review of the decision, to have given the
applicant an opportunity to appear before it to give evidence.
58 Modified ART review—continuation of
permission to allow appearance by telephone etc.
If:
(a) before RRT abolition time, the RRT had, in relation to its review of
the decision to which item 45 applies, allowed, under section 429A of
the Migration Act 1958, the applicant to appear before the RRT, or the
applicant or another person to give evidence to the RRT, by a means set out in
paragraph (a), (b) or (c) of that section; and
(b) by RRT abolition time, the applicant had not appeared, or the
applicant or other person had not given evidence;
the ART is taken, for the purposes of its review of the decision, to have
allowed, immediately after RRT abolition time, under subsection 366(1) of the
Migration Act 1958 as then in force, the applicant to appear before it,
or the applicant or other person to give evidence to it, by the same
means.
59 Modified ART review—continuation of
direction about communication through an interpreter
If, immediately before RRT abolition time, a direction was in force under
subsection 427(7) of the Migration Act 1958 in relation to the
RRT’s review of the decision to which item 45 applies, that
communication with a person appearing before the Tribunal proceed through an
interpreter, then, despite the amendments made by this Act, that direction
continues in force for the purposes of communication with that person in
relation to the ART’s review of the decision.
60 Modified ART review—continuation of
effect of certificates by Minister for Immigration and Multicultural
Affairs
If, before RRT abolition time, the Minister for Immigration and
Multicultural Affairs issued a certificate under section 437 or 438 of the
Migration Act 1958 in relation to the RRT’s review of the decision
to which item 45 applies, that certificate has effect after RRT abolition
time as if it had been issued immediately after RRT abolition time, under
section 375 or 376, respectively, as then in force, and related to the
ART’s review of the decision.
61 Modified ART review—continuation of
pre-RRT abolition directions restricting publication
If, immediately before RRT abolition time, a direction under subsection
440(1) of the Migration Act 1958 was in force in relation to the decision
to whose review item 45 applies, section 440 of that Act as then in
force continues to apply to the direction despite the amendments made by this
Act.
62 Modified ART review—need for efficiency
etc.
(1) The ART must, in conducting its review of the decision to which
item 45 applies, ensure that the transition from RRT review to ART review
takes place as efficiently as possible, having regard to the objects set out in
section 3 (other than paragraph (d)) of the ART Act.
(2) In particular, the ART must, in conducting its review of the decision
to which item 45 applies, have regard to all evidence (including oral
evidence in any form), records, documents or other things (including those in
electronic form) relating to the RRT’s review of the decision that are
transferred to it in accordance with item 39.
(3) Also, if:
(a) when the decision was under review by the RRT, persons appeared before
the RRT to give evidence and present arguments relating to issues arising in
relation to the decision; and
(b) the ART does not allow the persons to appear before the ART to give
the same evidence or present the same arguments;
this cannot form the basis of a ground for review by the Federal Court
under Part 8 of the Migration Act 1958 or otherwise, of any decision
made, or other thing done, by the ART.
Division 8—Effect
of repeal of Part 7 of Migration Act 1958 on RRT decisions and Federal
Court appeals against such decisions etc.
63 Preservation of effect of RRT
decisions
A decision of the RRT under section 415 of the Migration Act
1958 continues to have effect after RRT abolition time despite the
amendments made by this Act.
64 Preservation of requirement to give statement
of reasons for RRT decision
(1) If:
(a) before RRT abolition time, the RRT had made its decision under
section 415 of the Migration Act 1958 on review of a decision;
and
(b) the RRT was required by section 430B of that Act to hand down the
decision, but had not done so before RRT abolition time;
the ART must:
(c) if the RRT had prepared a statement under subsection 430(1) of the
Migration Act 1958 before RRT abolition time—give a copy of the
statement to the applicant and to the Secretary of the Department of Immigration
and Multicultural Affairs within 14 days after this item commences; or
(d) if not—prepare a statement of the kind required by that
subsection and give it to the applicant and the Secretary of the Department of
Immigration and Multicultural Affairs, in accordance with subsection 368A(3) of
the Migration Act 1958 as in force immediately after RRT abolition time,
within 14 days after this item commences.
(2) If:
(a) before RRT abolition time, a requirement had arisen under subsection
430B(6) or (7) or 430D(1) of the Migration Act 1958 for the RRT to give a
copy of a statement in relation to a decision of the RRT; and
(b) by RRT abolition time, the RRT had not given the copy;
the ART must give the copy within 14 days after this item
commences.
65 Preservation of RRT requirement for
decision-maker to reconsider a decision or matter
If:
(a) before RRT abolition time, the RRT, under paragraph 415(2)(c) of the
Migration Act 1958, remitted a matter for reconsideration in accordance
with directions or recommendations of the RRT; and
(b) by RRT abolition time, the matter had not been reconsidered;
the requirement to reconsider the matter continues despite the amendments
made by this Act.
66 Preservation of Minister’s power to
substitute more favourable decision
Section 417 of the Migration Act 1958, as in force immediately
before RRT abolition time, continues to apply to a decision of the RRT under
section 415 of that Act despite the amendments made by this Act.
67 Preservation of offence of disclosing
confidential information
Section 439 of the Migration Act 1958, as in force immediately
before RRT abolition time, continues to apply to information or documents
obtained before RRT abolition time despite the amendments made by this
Act.
68 Preservation of Federal Court application
rights and reviews in progress
Preservation of application
rights
(1) If an application to the Federal Court for review of a decision of the
RRT had not been made by a person before RRT abolition time:
(a) Part 8 of the Migration Act 1958 as in force immediately
before RRT abolition time continues to apply for the purposes of making an
application in relation to the decision despite the amendments made by this Act;
and
(b) if, as a result, a person makes an application to the Federal Court
after RRT abolition time—subject to subitem (3), Part 8 of the
Migration Act 1958 as in force immediately before RRT abolition time
applies to the application despite the amendments made by this Act.
Preservation of Federal Court reviews in
progress
(2) If:
(a) before RRT abolition time, an application to the Federal Court was
made under Part 8 of the Migration Act 1958 for review of a decision
of the RRT; and
(b) by RRT abolition time, the Federal Court had not made its order on the
review;
subject to subitem (3), Part 8 of the Migration Act 1958
continues to apply in relation to that application despite the amendments made
by this Act.
Modified application of Part 8 of Migration
Act 1958
(3) For the purposes of the application or continued application of
Part 8 of the Migration Act 1958 as in force before RRT abolition
time in relation to an application for review of a decision in accordance with
subitem (1) or (2):
(a) the power of the Federal Court under paragraph 481(1)(b) of the
Migration Act 1958 to make an order referring the matter to which the
decision relates to the RRT for further consideration is instead a power to make
an order referring the matter to the ART for further consideration;
and
(b) if any such order is made, Part 5 of the Migration Act
1958 as in force immediately after RRT abolition time applies to the
ART’s further consideration; and
(c) any other power to make an order that:
(i) the Federal Court would have under the Migration Act 1958 in
hearing and determining the application; and
(ii) would allow the Court to require the RRT to do any thing;
is instead a power to make an order requiring the ART to do the
thing.
69 Preservation of other review application
rights and reviews in progress
Preservation of other application
rights
(1) If an application to any court (other than under the Migration Act
1958) in respect of a decision of the RRT had not been made before RRT
abolition time:
(a) such an application continues to be able to be made in relation to the
decision in the same way as it would if the amendments made by this Act had not
been made; and
(b) if, as a result, such an application is made after RRT abolition time,
then, subject to subitem (3), the application is to be heard and determined
in the same way as it would if the amendments made by this Act had not been
made.
Preservation of other applications in
progress
(2) If:
(a) before RRT abolition time, an application had been made to any court
(other than under the Migration Act 1958) in respect of a decision of the
RRT; and
(b) by RRT abolition time, the court had not heard and determined the
application;
subject to subitem (3), the application is to be heard and determined
in the same way as it would if the amendments made by this Act had not been
made.
Modified powers of courts determining
applications in progress
(3) For the purposes of hearing and determining an application in
accordance with subitem (1) or (2):
(a) any power of the court to refer the matter to which the decision
relates to the RRT for further consideration is instead a power to refer the
matter to which the decision relates to the ART for further consideration;
and
(b) Part 5 of the Migration Act 1958 as in force immediately
after RRT abolition time applies to the ART’s further consideration;
and
(c) any other power that:
(i) the court would have in hearing and determining the application;
and
(ii) would allow the court to require the RRT to do any thing;
is instead a power to require the ART to do the thing.
1 Definitions
(1) In this Schedule:
ADJR Act means the Administrative Decisions (Judicial
Review) Act 1977.
ART means the Administrative Review Tribunal established by
the ART Act.
ART Act means the Administrative Review Tribunal Act
2000.
FA (Administration) Act means the A New Tax System
(Family Assistance) (Administration) Act 1999.
Family Court means the Family Court of Australia.
Federal Court means the Federal Court of Australia.
first-tier review has the same meaning as in the ART
Act.
President of the ART means the President as
defined by section 6 of the ART Act.
second-tier review has the same meaning as in the ART
Act.
SS (Administration) Act means the Social Security
(Administration) Act 1999.
SSAT means the Social Security Appeals Tribunal that was
continued in existence by section 139 of the SS (Administration)
Act.
SSAT abolition time means the time when Schedule 10 to
this Act (which repeals provisions of the SS (Administration ) Act relating to
the SSAT) commences.
SSAT reviewable decision means any decision made before SSAT
abolition time, where, before SSAT abolition time, applications could be made to
the SSAT for review of the decision under section 142 of the SS
(Administration) Act or section 111 of the FA (Administration)
Act.
(2) For the purposes of any item in this Schedule that deals with
applications for review, or review, of a decision made before SSAT abolition
time, a reference to the ART Act or to a provision of the ART Act is, if
applicable, a reference to the ART Act, or to that provision of the ART Act, as
modified:
(a) as a result of amendments made by Schedules 10 to 13 to this Act,
or by any later Act, that apply to decisions of that kind that are made after
SSAT abolition time; and
(b) by any other item in this Schedule.
Part 2—Transfer
of records and documents
2 Transfer of records and
documents
Any evidence (including any oral evidence that has been recorded in any
form), records, documents and other things (including those in electronic form)
relating to the review of SSAT reviewable decisions that were in the possession
of the SSAT immediately before SSAT abolition time (other than any records,
documents or other things that belong to another body) are to be transferred to
the ART.
3 Return of documents by
Courts
If, immediately before SSAT abolition time, the Federal Court or the
Federal Magistrates Court has any documents relating to SSAT reviewable
decisions that, if the amendments made by this Act had not been made, the Court
would at any time be required to return to the SSAT:
(a) the Court must instead transfer the documents to the ART at the time
when it would otherwise have been required to return them to the SSAT;
and
(b) the President of the ART may return the documents to the person who
gave them to the SSAT.
4 Annual report
(1) The President of the ART must, as soon as practicable after SSAT
abolition time, give a report to the Minister for Family and Community Services
on the SSAT’s activities during the period since the end of the financial
year in respect of which the Executive Director of the SSAT last prepared a
report in accordance with clause 25 of Schedule 3 to the SS
(Administration) Act.
(2) The Minister for Family and Community Services must cause the report to
be laid before each House of the Parliament within 15 sitting days of that House
after the Minister receives the report.
Part 4—Applications
for ART review of SSAT reviewable decisions
5 Applications for ART review of SSAT reviewable
decisions to be made in certain cases only
(1) An application can be made under section 61 of the ART Act for
review of an SSAT reviewable decision at any time after SSAT abolition time by a
person entitled to do so if:
(a) that decision is not one to which section 111A of the FA
(Administration) Act applies; and
(b) the person had not made a valid application for review of the decision
by the SSAT before SSAT abolition time.
(2) Except as provided by this Part, no other application can be made under
section 61 of the ART Act for review of an SSAT reviewable decision after
SSAT abolition time.
6 Applications for ART review of SSAT reviewable
decisions where time limit applies
(1) If:
(a) an SSAT reviewable decision is one to which section 111A of the
FA (Administration) Act applies; and
(b) the 13 weeks mentioned in that section, or that period as extended by
the SSAT, had not ended before SSAT abolition time; and
(c) a person entitled to do so had not made a valid application for review
by the SSAT of the decision before SSAT abolition time;
then such a person may apply to the ART under section 61 of the ART
Act for first-tier review of the decision, provided the person does so, subject
to subitem (2), before the time, or the time as extended by the SSAT,
ends.
Extension of time to apply
(2) The ART may, on application, fix a later time than the time applicable
under subitem (1) as the time by which the application mentioned in that
subitem may be made, if the ART is satisfied that it is reasonable in all the
circumstances to do so.
Part 5—ART
continuation of SSAT review
7 ART to conduct first-tier review where
application for SSAT review validly made but no SSAT decision made
etc.
If:
(a) before SSAT abolition time, a person made a valid application to the
SSAT for review of an SSAT reviewable decision; and
(b) by SSAT abolition time:
(i) the SSAT had not, under section 149 or 150 of the SS
(Administration) Act or section 113 of the FA (Administration) Act, made
its decision on the application; and
(ii) the application had not been dismissed;
then, subject to this Part, the ART Act, and any other Act that relates to
review under the ART Act, applies in relation to the application as if it were
an application for first-tier review of the decision by the ART that:
(c) complied with the requirements of Division 2 of Part 9 of
that Act; and
(d) was made to the ART immediately after SSAT abolition time.
8 Modified ART review—notices and
statement of reasons
(1) Sections 76 to 78 of the ART Act do not apply in relation to the
first-tier review by the ART of the decision to which item 7
applies.
(2) If:
(a) before SSAT abolition time, a requirement had arisen under:
(i) subsection 157(1) of the SS (Administration) Act; or
(ii) subsection 119(1) of the FA (Administration) Act;
for the Secretary of the Department of Family and Community Services to
send the application for review by the SSAT of the decision to which item 7
applies to the Executive Director of the SSAT; and
(b) by SSAT abolition time, the Secretary had not done so;
then:
(c) the Secretary must send the application to the ART as soon as
practicable and, in any case where SSAT abolition time occurs less than 7 days
after the requirement arose, not later than 7 days after the requirement arose;
and
(d) when the ART receives the application, the Chief Executive Officer of
the ART must give the applicant and the Secretary written notice that the
application has been received.
(3) If:
(a) before SSAT abolition time, a requirement had arisen under:
(i) subsection 157(2) of the SS (Administration) Act; or
(ii) subsection 119(2) of the FA (Administration) Act;
for the Executive Director of the SSAT to give:
(iii) the applicant for review by the SSAT of the decision to which
item 7 applies; and
(iv) the Secretary of the Department of Family and Community
Services;
written notice of the application to the SSAT for review of the decision;
and
(b) by SSAT abolition time, the Executive Director had not given the
notice;
the Chief Executive Officer of the ART must instead give the
notice.
(4) If:
(a) before SSAT abolition time, a requirement had arisen under:
(i) subsection 157(3) of the SS (Administration) Act; or
(ii) subsection 119(3) of the FA (Administration) Act;
for the Secretary of the Department of Family and Community Services to
send the Executive Director of the SSAT a statement and the original or a copy
of documents in relation to the review by the SSAT of the decision to which
item 7 applies; and
(b) by SSAT abolition time, the Secretary had not done so;
the Secretary must send the ART the statement and original or copy as soon
as practicable and, in any case where SSAT abolition time occurs less than 28
days after the requirement arose, not later than 28 days after the requirement
arose.
(5) If, in accordance with subitem (2) or (3), the Secretary of the
Department of Family and Community Services is given notice of the making of the
application, the Secretary must, within 28 days after receiving the notice, send
to the ART the statement and original or copy of each document mentioned in
subsection 157(3) of the SS (Administration) Act or subsection 119(3) of the FA
(Administration) Act as in force immediately before SSAT abolition
time.
9 Modified ART review—pre-SSAT abolition
time request to provide information or documents
(1) If:
(a) before SSAT abolition time, the SSAT under:
(i) section 165 of the SS (Administration) Act; or
(ii) section 128 of the FA (Administration) Act;
asked the Secretary of the Department of Family and Community Services to
provide the SSAT with information or a document in relation to the review of the
decision to which item 7 applies; and
(b) the Secretary had not done so before SSAT abolition time;
the Secretary must give the ART the information or document as soon as
practicable and, in any case where SSAT abolition time occurs less than 14 days
after the requirement arose, not later than 14 days after the requirement
arose.
(2) If:
(a) before SSAT abolition time, a requirement arose under:
(i) section 166 of the SS (Administration) Act; or
(ii) section 129 of the FA (Administration) Act;
for the Secretary of the Department of Family and Community Services to
exercise the Secretary’s powers under section 192 of the SS
(Administration) Act or section 154 of the FA (Administration) Act in
relation to the review of the decision to which item 7 applies;
and
(b) the Secretary had not done so before SSAT abolition time;
the Secretary must exercise the powers as soon as practicable and, in any
case where SSAT abolition time occurs less than 7 days after the requirement
arose, not later than 7 days after the requirement arose.
10 Modified ART review—pre-SSAT abolition
time parties to become participants
If, before SSAT abolition time, a person was a party to the review by the
SSAT of the decision to which item 7 applies, the person is, subject to
Division 2 of Part 6 (other than subsection 84(1) and section 85)
of the ART Act and paragraphs 128(1)(e) and 129(d) of that Act, a participant in
the first-tier review of the decision by the ART.
11 Modified ART review—pre-SSAT abolition
time right to representation preserved
If, before SSAT abolition time, a party to the review by the SSAT of the
decision to which item 7 applies was represented by a person, then, despite
section 105 of the ART Act, the party may, as a participant in the
first-tier review of the decision by the ART, and in any second-tier review
resulting from that first-tier review, be represented by that person or any
other person.
12 Modified ART review—continuation of
effect of pre-SSAT abolition time payment provisions
(1) If, immediately before SSAT abolition time, a declaration was in force
under subsection 145(1) of the SS (Administration) Act or subsection 112(1) of
the FA (Administration) Act in relation to the review of the decision to which
item 7 applies, that declaration has a corresponding effect after SSAT
abolition time in relation to the first-tier review by the ART of the
decision.
(2) If, immediately before SSAT abolition time, section 147 or 148 of
the SS (Administration) Act applied in relation to the review of the decision to
which item 7 applies, that section has a corresponding effect after SSAT
abolition time in relation to the first-tier review by the ART of the
decision.
13 Modified ART review—review to be in
private
Despite section 100 of the ART Act:
(a) if a participant or any other person appears before the ART in its
review of the decision to which item 7 applies, that part of the review is
to be in private; and
(b) if, immediately before SSAT abolition time, a direction was in force
under subsection 168(2) of the SS (Administration) Act or subsection 131(2) of
the FA (Administration) Act as to the persons who may be present at any hearing
of the SSAT’s review of the decision, that direction has effect after SSAT
abolition time as if it were a direction of the ART under subsection 100(3) of
the ART Act that related to the ART’s review of the decision.
14 Modified ART review—need for efficiency
etc.
(1) The ART must, in conducting its first-tier review of the decision to
which item 7 applies, ensure that the transition from review by the SSAT to
review by the ART takes place as efficiently as possible, having regard to the
objects set out in section 3 of the ART Act.
(2) In particular, the ART must, in conducting its first-tier review of the
decision to which item 7 applies, have regard to all evidence (including
any oral evidence that has been recorded in any form), records, documents and
other things (including those in electronic form) relating to the review by the
SSAT of the decision that are transferred to it in accordance with
item 2.
(3) Also, if:
(a) when the decision was under review by the SSAT, persons appeared
before the SSAT to give evidence and present arguments relating to issues
arising in relation to the decision; and
(b) the ART does not allow the persons to appear before the ART to give
the same evidence or present the same arguments;
this is not a ground for an appeal to the Federal Court under Part 10
of the ART Act, or for review by that Court or by any other court, of any
decision made, or other thing done, by the ART.
Part 6—Effect
of amendments made by this Act on SSAT decisions etc.
15 Preservation of effect of SSAT
decisions
A decision of the SSAT under section 149 or 150 of the SS
(Administration) Act or 113 of the FA (Administration) Act continues to have
effect after SSAT abolition time despite the amendments made by this
Act.
16 Preservation of requirement for copies of
statements etc. to be given
If:
(a) before SSAT abolition time, a requirement had arisen for the
SSAT:
(i) to give a person a copy of a statement in accordance with paragraph
177(1)(b) or (c) of the SS (Administration) Act or 141(1)(b) of the FA
(Administration) Act; or
(ii) to return a document to the Secretary of the Department of Family and
Community Services in accordance with paragraph 177(1)(d) of the SS
(Administration) Act or 141(1)(c) of the FA (Administration) Act; or
(iii) to give the Secretary of the Department of Family and Community
Services a copy of a document in accordance with paragraph 177(1)(e) of the SS
(Administration) Act or 141(1)(d) of the FA (Administration) Act; and
(b) by SSAT abolition time, the SSAT had not done so;
then:
(c) if subparagraph (a)(i) applies—the ART must, as soon as
practicable and, in any case where SSAT abolition time occurs less than 14 days
after the requirement arose, not later than 14 days after the requirement arose,
give the person the copy of the statement mentioned in that subparagraph;
and
(d) if subparagraph (a)(ii) applies—the ART must, as soon as
practicable, return the document mentioned in that subparagraph to the Secretary
of the Department of Family and Community Services; and
(d) if subparagraph (a)(iii) applies—the ART must, as soon as
practicable, give the Secretary of the Department of Family and Community
Services the copy of the document mentioned in that subparagraph.
17 Preservation of requirement for Secretary or
Chief Executive Officer to reconsider a decision etc.
(1) If:
(a) before SSAT abolition time, the SSAT, under subsection 149(1) or
section 150 of the SS (Administration) Act or subsection 113(1) of the FA
(Administration) Act, had sent a matter back to the Secretary of the Department
of Family and Community Services or the Chief Executive Officer of the
Commonwealth Services Delivery Agency for reconsideration; and
(b) the Secretary or the Chief Executive Officer had not reconsidered the
matter by SSAT abolition time;
the requirement to reconsider the matter continues despite the amendments
made by this Act.
(2) If:
(a) before SSAT abolition time:
(i) the SSAT had, under subsection 149(2) or (3) of the SS
(Administration) Act, asked the Secretary of the Department of Family and
Community Services or the Chief Executive Officer of the Commonwealth Services
Delivery Agency to assess a rate or an amount; or
(ii) the SSAT had, under subsection 113(2) of the FA (Administration) Act,
asked the Secretary of the Department of Family and Community Services to assess
an amount, limit or percentage or to determine a limit; and
(b) the Secretary or the Chief Executive Officer had not done so by SSAT
abolition time;
the Secretary or the Chief Executive Officer must do so despite the
amendments made by this Act.
18 Preservation of Federal Court and Federal
Magistrates Court appeal rights and appeals in progress under the ADJR
Act
Preservation of review application
rights
(1) If an application to the Federal Court or the Federal Magistrates Court
under the ADJR Act for an order of review in respect of:
(a) a decision of the SSAT on review of an SSAT reviewable decision;
or
(b) conduct engaged in for the purpose of the SSAT making a decision on
review of an SSAT reviewable decision; or
(c) a failure of the SSAT to make a decision on review of an SSAT
reviewable decision;
had not been lodged by a person with the Registry of the court concerned
before SSAT abolition time:
(d) the ADJR Act continues to apply in relation to the decision despite
the amendments made by this Act; and
(e) if, as a result, an application to the Federal Court or the Federal
Magistrates Court is lodged after SSAT abolition time, then, subject to
subitem (3), the ADJR Act applies to the application despite the
amendments made by this Act.
Preservation of Federal Court and Federal
Magistrates Court applications in progress
(2) If:
(a) before SSAT abolition time, an application was lodged with the Federal
Court or the Federal Magistrates Court under the ADJR Act for an order of
review in respect of:
(i) a decision of the SSAT on review of an SSAT reviewable decision;
or
(ii) conduct engaged in for the purpose of the SSAT making a decision on
review of an SSAT reviewable decision; or
(iii) a failure of the SSAT to make a decision on review of an SSAT
reviewable decision; and
(b) the Federal Court, the Family Court (where proceedings in respect of
the application were transferred to that court in accordance with
section 18A of the ADJR Act) or the Federal Magistrates Court had not heard
and determined the application before SSAT abolition time;
subject to subitem (3), the ADJR Act applies to the application
despite the amendments made by this Act.
Modified application of ADJR Act provisions
relating to Federal Court and Federal Magistrates Court
applications
(3) For the purposes of the application or continued application of the
ADJR Act in accordance with subitem (1) or (2):
(a) the power of the Federal Court, the Family Court or the Federal
Magistrates Court to make an order referring the matter to which the decision
relates to the SSAT for further consideration is instead a power to make an
order referring the matter to which the decision relates to the ART for further
consideration; and
(b) if any such order is made, the ART Act applies to the ART’s
further consideration of the matter as if it were the review of a first-tier
decision; and
(c) any other power that:
(i) the Federal Court, the Family Court or the Federal Magistrates Court
would have under the ADJR Act in hearing and determining the application;
and
(ii) would allow the court to require the SSAT to do any thing;
is instead a power to require the ART to do the thing.
19 Preservation of other review application
rights and reviews in progress
Preservation of other review application
rights
(1) If an application (other than under the SS (Administration) Act, the FA
(Administration) Act or the ADJR Act) to any court, tribunal, person or
authority for review in respect of:
(a) a decision of the SSAT on review of an SSAT reviewable decision;
or
(b) conduct engaged in for the purpose of the SSAT making a decision on
review of an SSAT reviewable decision; or
(c) a failure of the SSAT to make a decision on review of an SSAT
reviewable decision;
had not been made before SSAT abolition time:
(d) such an application continues to be able to be made in relation to the
decision, and section 10 of the ADJR Act continues to apply in relation to
the application, in the same way as it would if the amendments made by this Act
had not been made; and
(e) if, as a result, such an application is made after SSAT abolition
time, then, subject to subitem (3), the application is to be heard and
determined in the same way as it would if the amendments made by this Act had
not been made.
Preservation of other reviews in
progress
(2) If:
(a) before SSAT abolition time, an application (other than under the SS
(Administration) Act, the FA (Administration) Act or the ADJR Act) had been made
to any court, tribunal, person or authority for review in respect of:
(i) a decision of the SSAT on review of an SSAT reviewable decision;
or
(ii) conduct engaged in for the purpose of the SSAT making a decision on
review of an SSAT reviewable decision; or
(iii) a failure of the SSAT to make a decision on review of an SSAT
reviewable decision; and
(b) the court, tribunal, person or authority had not heard and determined
the application before SSAT abolition time;
subject to subitem (3), the application is to be heard and determined
in the same way as it would if the amendments made by this Act had not been
made.
Modified powers of bodies conducting reviews in
progress
(3) For the purposes of hearing and determining an application in
accordance with subitem (1) or (2):
(a) any power of the court, tribunal, person or authority to refer the
matter to which the decision relates to the SSAT for further consideration is
instead a power to refer the matter to which the decision relates to the ART for
further consideration; and
(b) if any such matter is referred, the ART Act applies to the ART’s
further consideration of the matter as if it were the review of a first-tier
decision; and
(c) any other power that:
(i) the court, tribunal, person or authority would have in hearing and
determining the application; and
(ii) would allow the court, tribunal, person or authority to require the
SSAT to do any thing;
is instead a power to require the ART to do the thing.
Federal Court of Australia
Act 1976
1 Subsection 20(2)
Omit “The”, substitute “Subject to subsections (3)
and (5), the”.
2 Subsection 20(2)
Omit “the tribunal”, substitute “a
tribunal”.
3 At the end of
section 20
Add:
(3) If the matter coming before the Court as mentioned in
subsection (2) is an application:
(a) for leave or special leave to institute proceedings in the Court;
or
(b) for an extension of time within which to institute proceedings in the
Court; or
(c) for leave to amend the grounds of an application or appeal to the
Court; or
(d) to stay a decision of the tribunal or authority mentioned in
subsection (2);
the matter may be heard and determined by a single Judge or by a Full
Court.
(4) The Rules of Court may make provision enabling applications of the
kind mentioned in subsection (3) to be dealt with, subject to conditions
prescribed by the Rules, without an oral hearing.
(5) In a matter coming before the Court as mentioned in
subsection (2), a single Judge or a Full Court may:
(a) join or remove a party; or
(b) make an order (including an order for costs) by consent disposing of
the matter; or
(c) give directions about the conduct of the matter, including directions
about:
(i) the use of written submissions; and
(ii) limiting the time for oral argument.
(6) The Rules of Court may make provision enabling the powers in
subsection (5) to be exercised, subject to conditions prescribed by the
Rules, without an oral hearing.
4 Application
The amendments made by this Schedule apply in relation to matters coming
before the Federal Court of Australia after the commencement of this
Schedule.