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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Administrative Review Tribunal
(Miscellaneous Measures) Bill 2024
No. , 2024
(Attorney-General)
A Bill for an Act to deal with miscellaneous and
consequential matters arising from the enactment
of the
Administrative Review Tribunal Act 2024
, and
for other purposes
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 4
Schedule 1
--
Repeals
5
Tribunals Amalgamation Act 2015
5
Schedule 2
--
Consequential amendments
6
Part 1
--
Attorney-General
6
Bankruptcy Act 1966
6
Crimes Act 1914
7
Freedom of Information Act 1982
7
Part 2
--
Treasury
9
Australian Charities and Not-for-profits Commission Act 2012
9
Banking Act 1959
9
Corporations Act 2001
9
Financial Accountability Regime Act 2023
10
Financial Institutions Supervisory Levies Collection Act 1998
10
Financial Sector (Collection of Data) Act 2001
10
Financial Services Compensation Scheme of Last Resort Levy
(Collection) Act 2023
11
Insurance Acquisitions and Takeovers Act 1991
11
Insurance Act 1973
11
Life Insurance Act 1995
11
Payment Times Reporting Act 2020
11
Petroleum Excise (Prices) Act 1987
12
Private Health Insurance (Prudential Supervision) Act 2015
12
Retirement Savings Accounts Act 1997
12
Small Superannuation Accounts Act 1995
12
Superannuation Industry (Supervision) Act 1993
12
Superannuation (Self Managed Superannuation Funds) Taxation Act
1987
12
Tax Agent Services Act 2009
13
ii
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Taxation Administration Act 1953
13
Part 3
--
Finance
14
Digital ID Act 2024
14
Part 4
--
Defence
15
Defence Act 1903
15
Part 5
--
Health and Aged Care
16
Aged Care Act 1997
16
Aged Care (Transitional Provisions) Act 1997
16
Health Insurance Act 1973
17
Public Health (Tobacco and Other Products) Act 2023
18
Part 6
--
Education
21
A New Tax System (Family Assistance) (Administration) Act 1999
21
Higher Education Funding Act 1988
21
Higher Education Support Act 2003
22
Part 7
--Veterans' Affairs
23
Military Rehabilitation and Compensation Act 2004
23
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
24
Veterans' Entitlements Act 1986
25
Part 8
--
Climate Change, Energy, the Environment and Water
27
Great Barrier Reef Marine Park Act 1975
27
Part 9
--
Industry, Science and Resources
28
Industry Research and Development Act 1986
28
Part 10
--
Employment and Workplace Relations
29
Australian Apprenticeship Support Loans Act 2014
29
Fair Entitlements Guarantee Act 2012
29
Higher Education Support Act 2003
30
Safety, Rehabilitation and Compensation Act 1988
31
Seafarers Rehabilitation and Compensation Act 1992
32
VET Student Loans Act 2016
32
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
iii
Part 11
--
Social Services
34
Student Assistance Act 1973
34
Part 12
--
Home Affairs
35
Migration Act 1958
35
Part 13
--
Agriculture, Fisheries and Forestry
38
Primary Industries Levies and Charges Collection Act 2024
38
Primary Industries Levies and Charges Disbursement Act 2024
38
Part 14
--
Infrastructure, Transport, Regional Development,
Communications and the Arts
40
New Vehicle Standards Efficiency Act 2024
40
Schedule 3
--
Contingent amendments
41
Part 1
--
Treasury
41
Division 1
--
Help to Buy Act 2024
41
Help to Buy Act 2024
41
Division 2
--
Schedule 1 to the Treasury Laws Amendment (Consumer
Data Right) Act 2024
41
Competition and Consumer Act 2010
41
Part 2
--
Defence
42
Australian Naval Nuclear Power Safety Act 2024
42
Part 3
--Veterans' Affairs
43
Military Rehabilitation and Compensation Act 2004
43
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
43
Veterans
' Entitlements Act 1986
43
Part 4
--
Social Services
45
National Disability Insurance Scheme Act 2013
45
Part 5
--
Agriculture, Fisheries and Forestry
46
Agriculture (Biosecurity Protection) Levies and Charges Collection
Act 2024
46
iv
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Schedule 4
--
Amendment of the Administrative Review
Tribunal Act 2024
47
Administrative Review Tribunal Act 2024
47
Schedule 5
--
Contingent amendments of the Administrative
Review Tribunal Act 2024
49
Administrative Review Tribunal Act 2024
49
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
1
A Bill for an Act to deal with miscellaneous and
1
consequential matters arising from the enactment
2
of the
Administrative Review Tribunal Act 2024
, and
3
for other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Administrative Review Tribunal (Miscellaneous
7
Measures) Act 2024
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
Immediately after the commencement of the
Administrative Review Tribunal Act 2024
.
3. Schedule 3,
Part 1, Division 1
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Help to Buy Act 2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 3,
Part 1, Division 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
items 63 and 64 of Part 4 of Schedule 1
to the
Treasury Laws Amendment
(Consumer Data Right) Act 2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 3,
Part 2
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Australian Naval Nuclear Power
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
Safety Act 2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
6. Schedule 3,
Part 3
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Part 1 of Schedule 3 to the
Vet
erans'
Entitlements, Treatment and Support
(Simplification and Harmonisation) Act
2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
7. Schedule 3,
Part 4
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
National Disability Insurance
Scheme Amendment (Getting the NDIS
Back on Track No. 1) Act 2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
8. Schedule 3,
Part 5
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Agriculture (Biosecurity Protection)
Levies and Charges Collection Act 2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
4
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
does not occur.
9. Schedule 4
At the same time as the provisions covered
by table item 2.
10. Schedule 5
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Intelligence Services Legislation
Amendment Act 2024
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Repeals
Schedule 1
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
5
Schedule
1--Repeals
1
2
Tribunals Amalgamation Act 2015
3
1 The whole of the Act
4
Repeal the Act.
5
Schedule 2
Consequential amendments
Part 1
Attorney-General
6
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Schedule
2--Consequential amendments
1
Part
1--Attorney
-
General
2
Bankruptcy Act 1966
3
1 Subsection 5(1)
4
Insert:
5
guidance and appeals panel
has the same meaning as in the
6
Administrative Review Tribunal Act 2024
.
7
guidance and appeals panel application
has the same meaning as
8
in the
Administrative Review Tribunal Act 2024
.
9
2 Paragraph 149N(2)(b)
10
Omit "is given", substitute "becomes final".
11
3 After subsection 149N(2)
12
Insert:
13
(2A) For the purposes of paragraph (2)(b), a decision of the Tribunal
14
becomes final:
15
(a) if no application to refer the decision of the Tribunal to the
16
guidance and appeals panel is made within the period for
17
making the application
--
at the end of that period; or
18
(b) if an application is made to refer the decision of the Tribunal
19
to the guidance and appeals panel within the period for
20
making the application
--
when:
21
(i) the application is refused; or
22
(ii) the decision of the Tribunal on the guidance and appeals
23
panel application is given.
24
(2B) For the purposes of subsection (2A), the period for making an
25
application to refer a decision of the Tribunal to the guidance and
26
appeals panel includes any extension of that period under
27
section 125 of the
Administrative Review Tribunal Act 2024
.
28
Consequential amendments
Schedule 2
Attorney-General
Part 1
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
7
Crimes Act 1914
1
4 Subsection 3UJC(3) (note)
2
Repeal the note.
3
5 At the end of section 3UJC
4
Add:
5
(4) A nominated ART member has, in relation to the performance or
6
exercise of a function or power conferred on an assessment officer
7
by this Division, the same protection and immunity as a Justice of
8
the High Court has in relation to proceedings in the High Court.
9
6 Subsection 3ZZAD(3) (note)
10
Repeal the note.
11
7 At the end of section 3ZZAD
12
Add:
13
(4) A nominated ART member has, in relation to the performance or
14
exercise of a function or power conferred on an eligible issuing
15
officer by this Part, the same protection and immunity as a Justice
16
of the High Court has in relation to proceedings in the High Court.
17
Freedom of Information Act 1982
18
8 After paragraph 61A(1)(b)
19
Insert:
20
(ba) section 24 (decision-maker must give Tribunal additional
21
statement if Tribunal requires
--
general rule);
22
(bb) section 25 (decision-maker must give Tribunal additional
23
documents within 28 days
--
general rule);
24
(bc) section 26 (decision-maker must give Tribunal additional
25
documents on request
--
general rule);
26
(bd) section 27 (decision-maker must give copies of reasons and
27
documents to other parties
--
general rule);
28
Schedule 2
Consequential amendments
Part 1
Attorney-General
8
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
9 Paragraph 61A(1)(c)
1
Repeal the paragraph, substitute:
2
(c) section 28 (exceptions
--
Tribunal may adjust requirements);
3
10 Paragraph 61A(1)(h)
4
Omit "subsection56(2)", substitute "sub
section 5
6(2)".
5
Consequential amendments
Schedule 2
Treasury
Part 2
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
9
Part
2--Treasury
1
Australian Charities and Not
-
for
-
profits Commission Act
2
2012
3
11 Subsection 165-10(2)
4
Omit
"
period for making the application has not expired
",
substitute
5
"request for a longer period
is made before the period for making the
6
application has expired
".
7
12 At the end of section 165-35
8
Add:
9
(3) For the purposes of paragraph (2)(b), the period for making an
10
application to refer a decision of the Tribunal to the guidance and
11
appeals panel includes any extension of that period under
12
section 125 of the ART Act.
13
13 Section 300-5
14
Insert:
15
guidance and appeals panel
has the same meaning as in the ART
16
Act.
17
Banking Act 1959
18
14 Subsection 51C(2)
19
Repeal the subsection.
20
Corporations Act 2001
21
15 Section 9 (definition of
decision
)
22
Omit "Administrative Appeals
Tribunal", substitute "Administrative
23
Review Tribunal".
24
16 Subsection 1297(1)
25
Omit "
32
and 178", substitute "
32
, 127 and 178".
26
Schedule 2
Consequential amendments
Part 2
Treasury
10
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
17 Subsection 1299K(1)
1
Omit "
32
and 178", substitute "
32
, 127 and 178".
2
Financial Accountability Regime Act 2023
3
18 Subsection 94(3) (note)
4
Omit "
Section 27A of the
Administrative Appeals Tribunal Act 1975
",
5
substitute "
Section 266 of the
Administrative Review Tribunal Act
6
2024
".
7
19 Section 95 (heading)
8
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
9
Review Tribunal
".
10
20 Subsection 95(1)
11
Omit "Administrative Appeals Tribunal", substitute "Administrative
12
Review Tribunal".
13
21 Subsection 95(3)
14
Omit "
subsection 27(1) of the
Administrative Appeals Tribunal Act
15
1975
", substitute "
section 17 of the
Administrative Review Tribunal Act
16
2024
".
17
Financial Institutions Supervisory Levies Collection Act
18
1998
19
22 Subsection 27(7)
20
Repeal the subsection.
21
Financial Sector (Collection of Data) Act 2001
22
23 Subsection 25D(2)
23
Repeal the subsection.
24
Consequential amendments
Schedule 2
Treasury
Part 2
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
11
Financial Services Compensation Scheme of Last Resort
1
Levy (Collection) Act 2023
2
24 Section 25 (heading)
3
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
4
Review Tribunal
".
5
25 Section 25
6
Omit "Administrative Appeals Tribunal", substitute "Administrative
7
Review Tribunal
".
8
Insurance Acquisitions and Takeovers Act 1991
9
26 Subsection 67(2)
10
Repeal the subsection.
11
Insurance Act 1973
12
27 Subsection 63(8)
13
Repeal the subsection.
14
Life Insurance Act 1995
15
28 Subsection 236(9)
16
Repeal the subsection.
17
Payment Times Reporting Act 2020
18
29 Section 54AA (heading)
19
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
20
Review Tribunal
".
21
30 Section 54AA
22
Omit "Administrative Appeals Tribunal", substitute "Administrative
23
Review Tribunal".
24
Schedule 2
Consequential amendments
Part 2
Treasury
12
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Petroleum Excise (Prices) Act 1987
1
31 Subsections 12(7) and (8)
2
Repeal the subsections.
3
Private Health Insurance (Prudential Supervision) Act 2015
4
32 Subsection 168(8)
5
Repeal the subsection.
6
Retirement Savings Accounts Act 1997
7
33 Subsection 189(8)
8
Repeal the subsection.
9
Small Superannuation Accounts Act 1995
10
34 Subsection 84(1)
11
Repeal the subsection.
12
35 Subsection 84(2) (heading)
13
Repeal the heading.
14
Superannuation Industry (Supervision) Act 1993
15
36 Subsection 344(9)
16
Repeal the subsection.
17
Superannuation (Self Managed Superannuation Funds)
18
Taxation Act 1987
19
37 Subsection 16(7)
20
Repeal the subsection.
21
Consequential amendments
Schedule 2
Treasury
Part 2
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
13
Tax Agent Services Act 2009
1
38 Subsection 70-30(5) (definition of
reviewable decision
)
2
Omit "Administrative Appeals Tribunal", substitute "Administrative
3
Review Tribunal".
4
Taxation Administration Act 1953
5
39 Section 14ZQ
6
Insert:
7
guidance and appeals panel
has the same meaning as in the ART
8
Act.
9
40 Subsection 14ZZB(3)
10
Omit "period for making the application has not expired", insert
11
"request for a longer period is made before the period for maki
ng the
12
application has expired".
13
41 After subsection 14ZZB(7)
14
Insert:
15
(7A) However, despite subsection (7), section 127 (Tribunal decision
16
continues to operate unless Tribunal orders otherwise) of the ART
17
Act applies in relation to a reviewable objection decision that
18
relates to a small business taxation assessment decision, subject to
19
the modifications set out in section 14ZZH of this Act.
20
42 At the end of section 14ZZL
21
Add:
22
(3) For the purposes of paragraph (2)(b), the period for making an
23
application to refer a decision of the ART to the guidance and
24
appeals panel includes any extension of that period under
25
section 125 of the ART Act.
26
Schedule 2
Consequential amendments
Part 3
Finance
14
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
3--Finance
1
Digital ID Act 2024
2
43 Section 140 (heading)
3
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
4
Review Tribunal
".
5
44 Subsection 140(1)
6
Omit "Administrative Appeals Tribunal", substitute "Administrative
7
Review Tribunal".
8
45 Subsection 140(3)
9
Omit "
subsection 27(1) of the
Administrative Appeals Tribunal Act
10
1975
", substitute "
section 17 of the
Administrative Review Tribunal Act
11
2024
".
12
Consequential amendments
Schedule 2
Defence
Part 4
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
15
Part
4--Defence
1
Defence Act 1903
2
46 Section 115L (heading)
3
Omit "
AAT
", substitute "
ART
".
4
47 Section 115L
5
Omit "AAT", substitute "ART".
6
Schedule 2
Consequential amendments
Part 5
Health and Aged Care
16
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
5--Health and Aged Care
1
Aged Care Act 1997
2
48 After subsection 85-4(3)
3
Insert:
4
(3AA) However, if an application has been made under section 85-8 for
5
review of the decision, section 31 (decision cannot be altered
6
outside Tribunal process) of the
Administrative Review Tribunal
7
Act 2024
applies to the decision if:
8
(a) the application is referred to the
*
guidance and appeals panel
9
under section 122 of that Act; or
10
(b) a
*
guidance and appeals panel application is taken to be made
11
because the Administrative Review Tribunal's decision on
12
the review is referred to the guidance and appeals panel
13
under section 128 of that Act.
14
49 Subsection 85-4(4)
15
Omit "
subsection (
3B)", substitute "
subsections (3AA) and
(3B)".
16
50 Clause 1 of Schedule 1
17
Insert:
18
guidance and appeals panel
has the same meaning as in the
19
Administrative Review Tribunal Act 2024
.
20
guidance and appeals panel application
has the same meaning as
21
in the
Administrative Review Tribunal Act 2024
.
22
Aged Care (Transitional Provisions) Act 1997
23
51 After subsection 85-4(3)
24
Insert:
25
(3A) However, if an application has been made under section 85-8 for
26
review of the decision, section 31 (decision cannot be altered
27
Consequential amendments
Schedule 2
Health and Aged Care
Part 5
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
17
outside Tribunal process) of the
Administrative Review Tribunal
1
Act 2024
applies to the decision if:
2
(a) the application is referred to the
*
guidance and appeals panel
3
under section 122 of that Act; or
4
(b) a
*
guidance and appeals panel application is taken to be made
5
because the Administrative Review Tribunal's decision on
6
the review is referred to the guidance and appeals panel
7
under section 128 of that Act.
8
52 Subsection 85-4(4)
9
After "must", insert ", subject to
subsection (
3A)".
10
53 Clause 1 of Schedule 1
11
Insert:
12
guidance and appeals panel
has the same meaning as in the
13
Administrative Review Tribunal Act 2024
.
14
guidance and appeals panel application
has the same meaning as
15
in the
Administrative Review Tribunal Act 2024
.
16
Health Insurance Act 1973
17
54 Subsection 3(1)
18
Insert:
19
guidance and appeals panel
has the same meaning as in the
20
Administrative Review Tribunal Act 2024
.
21
guidance and appeals panel application
has the same meaning as
22
in the
Administrative Review Tribunal Act 2024
.
23
55 Subsection 124ZL(4)
24
After
"
must
",
insert
"
, subject to subsection 1
24ZN(2)".
25
56 Section 124ZN
26
Before "Application", insert "(1)".
27
Schedule 2
Consequential amendments
Part 5
Health and Aged Care
18
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
57 At the end of section 124ZN
1
Add:
2
(2) If the application is for review of a decision under
3
subsection 124ZL(4), section 31 (decision cannot be altered
4
outside Tribunal process) of the
Administrative Review Tribunal
5
Act 2024
applies to the decision if:
6
(a) the application is referred to the guidance and appeals panel
7
under section 122 of that Act; or
8
(b) a guidance and appeals panel application is taken to be made
9
because the Administrative Review Tribunal's decision on
10
the review is referred to the guidance and appeals panel
11
under section 128 of that Act.
12
Public Health (Tobacco and Other Products) Act 2023
13
58 Section 8
14
Insert:
15
guidance and appeals panel
has the same meaning as in the
16
Administrative Review Tribunal Act 2024
.
17
guidance and appeals panel application
has the same meaning as
18
in the
Administrative Review Tribunal Act 2024
.
19
59 Subsection 142(10) (heading)
20
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
21
Review Tribunal
".
22
60 Subsection 142(10)
23
Omit "Administrative Appeals Tribunal", substitute "Administrative
24
Review Tribunal".
25
61 Subsection 147(4) (heading)
26
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
27
Review Tribunal
".
28
Consequential amendments
Schedule 2
Health and Aged Care
Part 5
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
19
62 Subsection 147(4)
1
Omit "Administrative Appeals Tribunal", substitute "Administrative
2
Review Tribunal".
3
63 Paragraphs 147(5)(a) and (b)
4
Repeal the paragraphs, substitute:
5
(a) the reporting entity withdraws the application for review of
6
the Minister's decision
; or
7
(b) the Administrative Review Tribunal dismisses the application
8
for review of the Minister's decision
; or
9
(c) the Administrative Review Tribunal makes a decision (the
10
Tribunal decision
) to affirm or vary
the Minister's decision
11
and any of the following applies:
12
(i) the reporting entity makes a referral application in
13
relation to the Tribunal decision and the President of the
14
Tribunal refuses the application;
15
(ii) the reporting entity makes a referral application in
16
relation to the Tribunal decision and withdraws the
17
application;
18
(iii) the reporting entity does not make a referral application
19
in relation to the Tribunal decision within the period
20
specified in section 125 of the
Administrative Review
21
Tribunal Act 2024
;
22
(iv) no referral application may be made in relation to the
23
Tribunal decision;
24
(v) the guidance and appeals panel application taken to be
25
made because the Tribunal decision is referred to the
26
guidance and appeals panel is withdrawn or dismissed;
27
or
28
(d) all of the following apply:
29
(i) the Administrative Review Tribunal makes a decision
30
(the
Tribunal decision
) on review of
the Minister's
31
decision;
32
(ii) the Tribunal makes a decision (the
GAP decision
) on
33
the guidance and appeals panel application taken to
34
have been made because the Tribunal decision is
35
referred to the guidance and appeals panel;
36
Schedule 2
Consequential amendments
Part 5
Health and Aged Care
20
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
(iii) the effect of the GAP decision is to publish the
1
non-compliance information.
2
64 At the end of section 147
3
Add:
4
Definitions
5
(6) In this section:
6
referral application
means an application made under section 123
7
of the
Administrative Review Tribunal Act 2024
to refer a decision
8
of the Administrative Review Tribunal to the guidance and appeals
9
panel.
10
Consequential amendments
Schedule 2
Education
Part 6
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
21
Part
6--Education
1
A New Tax System (Family Assistance) (Administration) Act
2
1999
3
65 Section 138A
4
Repeal the section.
5
Higher Education Funding Act 1988
6
66 Section 3
7
Insert:
8
guidance and appeals panel
has the same meaning as in the
9
Administrative Review Tribunal Act 2024
.
10
guidance and appeals panel application
has the same meaning as
11
in the
Administrative Review Tribunal Act 2024
.
12
67 After subsection 106MA(1)
13
Insert:
14
(1A) However, section 31 (decision cannot be altered outside Tribunal
15
process) of the
Administrative Review Tribunal Act 2024
applies to
16
the reconsideration decision if:
17
(a) the application is referred to the guidance and appeals panel
18
under section 122 of that Act; or
19
(b) a guidance and appeals panel application is taken to be made
20
because the Administrative Review Tribunal's decision on
21
the review is referred to the guidance and appeals panel
22
under section 128 of that Act.
23
68 Subsection 106MA(2)
24
After "as soon as practicable", insert "and subject to
subsection (1A)
".
25
Schedule 2
Consequential amendments
Part 6
Education
22
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Higher Education Support Act 2003
1
69 After subsection 209-5(2)
2
Insert:
3
(2A) If an application has been made under section 212-1 for review of a
4
*
reviewable decision, section 31 (decision cannot be altered outside
5
Tribunal process) of the
Administrative Review Tribunal Act 2024
6
applies to the decision if:
7
(a) the application is referred to the
*
guidance and appeals panel
8
under section 122 of that Act; or
9
(b) a
*
guidance and appeals panel application is taken to be made
10
because the Administrative Revie
w Tribunal's decision on
11
the review is referred to the guidance and appeals panel
12
under section 128 of that Act.
13
70 Subsection 209-5(3)
14
After "must", insert ", subject to
subsection (
2A)".
15
71 Subclause 1(1) of Schedule 1
16
Insert:
17
guidance and appeals panel
has the same meaning as in the
18
Administrative Review Tribunal Act 2024
.
19
guidance and appeals panel application
has the same meaning as
20
in the
Administrative Review Tribunal Act 2024
.
21
Consequential amendments
Schedule 2
Veterans' Affairs
Part 7
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
23
Part
7--Veterans' Affairs
1
Military Rehabilitation and Compensation Act 2004
2
72 Subsection 5(1)
3
Insert:
4
guidance and appeals panel
has the same meaning as in the
5
Administrative Review Tribunal Act 2024
.
6
guidance and appeals panel application
has the same meaning as
7
in the
Administrative Review Tribunal Act 2024
.
8
73 Subsection 348(1)
9
Omit "The", substitute "Subject to
subsection (1A)
, the".
10
74 After subsection 348(1)
11
Insert:
12
(1A) Section 31 (decision cannot be altered outside Tribunal process) of
13
the
Administrative Review Tribunal Act 2024
applies to the
14
affirmed determination or the determination made by the Board if:
15
(a) the application is referred to the guidance and appeals panel
16
under section 122 of that Act; or
17
(b) a guidance and appeals panel application is taken to be made
18
because the Administrative Review Tribunal's
decision on
19
the review is referred to the guidance and appeals panel
20
under section 128 of that Act.
21
75 After subsection 350(1)
22
Insert:
23
(1A) If an application has been made under subsection 354(1) for review
24
of the original determination, section 31 (decision cannot be altered
25
outside Tribunal process) of the
Administrative Review Tribunal
26
Act 2024
applies to the original determination if:
27
(a) the application is referred to the guidance and appeals panel
28
under section 122 of that Act; or
29
Schedule 2
Consequential amendments
Part 7
Veterans' Affairs
24
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
(b) a guidance and appeals panel application is taken to be made
1
because the Administrative Review Tribunal's decision on
2
the review is referred to the guidance and appeals panel
3
under section 128 of that Act.
4
76 Subsection 350(2)
5
After "may", insert ", subject to
subsection (
1A),".
6
77 At the end of section 357
7
Add:
8
(8) For the purposes of section 115 of the
Administrative Review
9
Tribunal Act 2024
, the Commonwealth is taken to be a party
10
to a proceeding before the Tribunal.
11
Safety, Rehabilitation and Compensation (Defence
-
related
12
Claims) Act 1988
13
78 Subsection 60(1)
14
Insert:
15
guidance and appeals panel
has the same meaning as in the
16
Administrative Review Tribunal Act 2024
.
17
guidance and appeals panel application
has the same meaning as
18
in the
Administrative Review Tribunal Act 2024
.
19
79 At the end of section 62
20
Add:
21
(7) This section has effect subject to subsection 64(2).
22
80 After subsection 64(1)
23
Insert:
24
(2) If the reviewable decision is a decision made under section 62,
25
section 31 (decision cannot be altered outside Tribunal process) of
26
the
Administrative Review Tribunal Act 2024
applies to the
27
decision if:
28
(a) the application is referred to the guidance and appeals panel
29
under section 122 of that Act; or
30
Consequential amendments
Schedule 2
Veterans' Affairs
Part 7
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
25
(b) a guidance and appeals panel application is taken to be made
1
because the Administrative Review Tribunal's decision on
2
the review is referred to the guidance and appeals panel
3
under section 128 of that Act.
4
Veterans' Entitlements Act 1986
5
81 Section 12
6
Insert:
7
guidance and appeals panel
has the same meaning as in the
8
Administrative Review Tribunal Act 2024
.
9
guidance and appeals panel application
has the same meaning as
10
in the
Administrative Review Tribunal Act 2024
.
11
82 Subsection 31(2)
12
Omit "Where", substitute "Subject to
subsection (2A)
, where".
13
83 After subsection 31(2)
14
Insert:
15
(2A) Section 31 (decision cannot be altered outside Tribunal process) of
16
the
Administrative Review Tribunal Act 2024
applies to the
17
decision if:
18
(a) the application is referred to the guidance and appeals panel
19
under section 122 of that Act; or
20
(b) a guidance and appeals panel application is taken to be made
21
because the Administrative Review Tribunal's decision on
22
the review is referred to the guidance and appeals panel
23
under section 128 of that Act.
24
84 At the end of section 106
25
Add:
26
(3) A legislative instrument made by the Commission for the purposes
27
of subsection (1) may modify the operation of section 18 of the
28
Administrative Review Tribunal Act 2024
(when to apply
--
general
29
rule) as it applies in relation to an application made under the
30
instrument.
31
Schedule 2
Consequential amendments
Part 7
Veterans' Affairs
26
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
85 Subsection 177(1)
1
Omit "
section 1
07", substitute "
section 1
08".
2
Consequential amendments
Schedule 2
Climate Change, Energy, the Environment and Water
Part 8
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
27
Part
8--Climate Change, Energy, the Environment
1
and Water
2
Great Barrier Reef Marine Park Act 1975
3
86 Subsection 39M(2)
4
Repeal the subsection.
5
Schedule 2
Consequential amendments
Part 9
Industry, Science and Resources
28
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
9--Industry, Science and Resources
1
Industry Research and Development Act 1986
2
87 Subsection 30E(3)
3
Repeal the subsection.
4
Consequential amendments
Schedule 2
Employment and Workplace Relations
Part 10
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
29
Part
10--Employment and Workplace Relations
1
Australian Apprenticeship Support Loans Act 2014
2
88 Section 5
3
Insert:
4
guidance and appeals panel
has the same meaning as in the
5
Administrative Review Tribunal Act 2024
.
6
guidance and appeals panel application
has the same meaning as
7
in the
Administrative Review Tribunal Act 2024
.
8
89 After subsection 81(2)
9
Insert:
10
(2A) However, if an application has been made to the Administrative
11
Review Tribunal for review of the decision, section 31 (decision
12
cannot be altered outside Tribunal process) of the
Administrative
13
Review Tribunal Act 2024
applies to the decision if:
14
(a) the application is referred to the guidance and appeals panel
15
under section 122 of that Act; or
16
(b) a guidance and appeals panel application is taken to be made
17
because the Administrative Review Tribunal's decision on
18
the review is referred to the guidance and appeals panel
19
under section 128 of that Act.
20
90 Subsection 81(3)
21
After
"must",
insert
", subject to
subsection (
2A)".
22
Fair Entitlements Guarantee Act 2012
23
91 Section 5
24
Insert:
25
guidance and appeals panel
has the same meaning as in the
26
Administrative Review Tribunal Act 2024
.
27
Schedule 2
Consequential amendments
Part 10
Employment and Workplace Relations
30
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
guidance and appeals panel application
has the same meaning as
1
in the
Administrative Review Tribunal Act 2024
.
2
92 After subsection 37(2)
3
Insert:
4
(2A) However, section 31 (decision cannot be altered outside Tribunal
5
process) of the
Administrative Review Tribunal Act 2024
applies to
6
the decision if:
7
(a) the application is referred to the guidance and appeals panel
8
under section 122 of that Act; or
9
(b) a guidance and appeals panel application is taken to be made
10
because the Administrative Review Tribunal's decision on
11
the review is referred to the guidance and appeals panel
12
under section 128 of that Act.
13
93 Subsection 37(4)
14
After "may", insert ", subject to
subsection (
2A),".
15
Higher Education Support Act 2003
16
94 After subclause 95(2) of Schedule 1A
17
Insert:
18
(2A) However, if an application has been made under clause 97 for
19
review of the decision, section 31 (decision cannot be altered
20
outside Tribunal process) of the
Administrative Review Tribunal
21
Act 2024
applies to the decision if:
22
(a) the application is referred to the
*
guidance and appeals panel
23
under section 122 of that Act; or
24
(b) a
*
guidance and appeals panel application is taken to be made
25
because the Administrative Review Tribunal's decision on
26
the review is referred to the guidance and appeals panel
27
under section 128 of that Act.
28
95 Subclause 95(3) of Schedule 1A
29
After "must", insert ", subject to
subsection (
2A)".
30
Consequential amendments
Schedule 2
Employment and Workplace Relations
Part 10
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
31
96 Subclause 1(1) of Schedule 1
1
Insert:
2
guidance and appeals panel
has the same meaning as in the
3
Administrative Review Tribunal Act 2024
.
4
guidance and appeals panel application
has the same meaning as
5
in the
Administrative Review Tribunal Act 2024
.
6
Safety, Rehabilitation and Compensation Act 1988
7
97 Subsection 60(1)
8
Insert:
9
guidance and appeals panel
has the same meaning as in the
10
Administrative Review Tribunal Act 2024
.
11
guidance and appeals panel application
has the same meaning as
12
in the
Administrative Review Tribunal Act 2024
.
13
98 At the end of section 62
14
Add:
15
(7) This section has effect subject to subsection 64(2).
16
99 After subsection 64(1)
17
Insert:
18
(2) If the reviewable decision is a decision made under section 62,
19
section 31 (decision cannot be altered outside Tribunal process) of
20
the
Administrative Review Tribunal Act 2024
applies to the
21
decision if:
22
(a) the application is referred to the guidance and appeals panel
23
under section 122 of that Act; or
24
(b) a guidance and appeals panel application is taken to be made
25
because the Administrative Review Tribunal's decision on
26
the review is referred to the guidance and appeals panel
27
under section 128 of that Act.
28
Schedule 2
Consequential amendments
Part 10
Employment and Workplace Relations
32
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Seafarers Rehabilitation and Compensation Act 1992
1
100 Subsection 76(1)
2
Insert:
3
guidance and appeals panel
has the same meaning as in the ART
4
Act.
5
guidance and appeals panel application
has the same meaning as
6
in the ART Act.
7
101 After subsection 78(6)
8
Insert:
9
(6A) This section has effect subject to section 88(1A).
10
102 After subsection 88(1)
11
Insert:
12
(1A) Section 31 (decision cannot be altered outside Tribunal process) of
13
the ART Act applies to the reviewable decision if:
14
(a) the application is referred to the guidance and appeals panel
15
under section 122 of that Act; or
16
(b) a guidance and appeals panel application is taken to be made
17
because the
ART's
decision on the review is referred to the
18
guidance and appeals panel under section 128 of that Act.
19
VET Student Loans Act 2016
20
103 Section 6
21
Insert:
22
guidance and appeals panel
has the same meaning as in the
23
Administrative Review Tribunal Act 2024
.
24
guidance and appeals panel application
has the same meaning as
25
in the
Administrative Review Tribunal Act 2024
.
26
104 After subsection 77(2)
27
Insert:
28
Consequential amendments
Schedule 2
Employment and Workplace Relations
Part 10
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
33
(2A) However, if an application has been made under section 80 for
1
review of the decision, section 31 (decision cannot be altered
2
outside Tribunal process) of the
Administrative Review Tribunal
3
Act 2024
applies to the decision if:
4
(a) the application is referred to the guidance and appeals panel
5
under section 122 of that Act; or
6
(b) a guidance and appeals panel application is taken to be made
7
because the Administrative Review Tribunal's decision on
8
the review is referred to the guidance and appeals panel
9
under section 128 of that Act.
10
105 Subsection 77(3)
11
After "must", insert ", subject to
subsection (
2A)".
12
Schedule 2
Consequential amendments
Part 11
Social Services
34
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
11--Social Services
1
Student Assistance Act 1973
2
106 Subsection 304(2)
3
Repeal the subsection.
4
107 Subsection 304(5)
5
Omit ", if the application to the AAT is made within any applicable
6
time limit under subsection (
2),".
7
108 Subsection 308D(3)
8
Omit "After", substitute "S
ubject to subsection 308H(2)
, after"
.
9
109 Section 308H
10
Before "An application", insert
"(1)".
11
110 At the end of section 308H
12
Add:
13
(2) If the President of the Administrative Review Tribunal refers such
14
an application to the guidance and appeals panel under section 122
15
of the
Administrative Review Tribunal Act 2024
, section 31
16
(decision cannot be altered outside Tribunal process) of that Act
17
applies to the decision after the referral is made.
18
111 Section 312 (heading)
19
Omit "
Time
", substitute "
No time
".
20
112 Subsections 312(1) and (2)
21
Repeal the subsections, substitute:
22
Section 18 of the ART Act (which deals with when applications for
23
review may be made) does not apply to applications for ART
24
review.
25
Consequential amendments
Schedule 2
Home Affairs
Part 12
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
35
Part
12--Home Affairs
1
Migration Act 1958
2
113 After section 140GB
3
Insert:
4
(4A) If the regulations provide for notification by the Minister of a
5
decision whether or not
to approve a person's nomination
, then the
6
following provisions of the ART Act do not apply to the decision:
7
(a) section 267 (decision-maker must have regard to rules when
8
giving notice of decision);
9
(b) section 268 (requesting reasons for a reviewable decision
10
from decision-maker).
11
114 After paragraph 336P(2)(i)
12
Insert:
13
(ia) section 97 (Tribunal must dismiss application if decision is
14
not reviewable decision);
15
(ib) section 98 (Tribunal may dismiss application if fee is not
16
paid);
17
115 Subsections 347(2) and (3)
18
Repeal the subsections, substitute:
19
(2) The application must be made, and any prescribed information or
20
prescribed documents must be provided:
21
(a) if the applicant is in immigration detention on the day the
22
applicant is notified of the decision
--
within 7 days after the
23
day the applicant is notified of the decision; or
24
(b) otherwise
--
within 28 days after the day the applicant is
25
notified of the decision.
26
(3) Any prescribed fee must be paid:
27
(a) for an application for review of a reviewable migration
28
decision
--
within the period specified in subsection 347(2);
29
or
30
Schedule 2
Consequential amendments
Part 12
Home Affairs
36
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
(b) for an application for review of a reviewable protection
1
decision
--
within the prescribed period (which may end after
2
the review of the decision).
3
Note:
If the application is not properly made, the ART must not review the
4
decision: see section 348.
5
116 Subsection 347(4)
6
Omit "
Subsection (
3)", substitute "
Subsection (
2)".
7
117 Subsection 347(7)
8
Omit "
Paragraph (2)(c)
", substitute "
Subsection (3
)".
9
118 Subsection 348(1) (note)
10
Repeal the note.
11
119 Subsection 348(2)
12
Repeal the subsection, substitute:
13
(2) If such an application is not properly made, the ART must not
14
review the decision.
15
(3) An application under sections 347 and 347A is properly made if,
16
and only if:
17
(a) the application is made within the period specified in
18
subsection 347(2); and
19
(b) any information and any documents prescribed under
20
subsection 347(2) for the application are provided within the
21
period specified in that subsection; and
22
(c) for an application for review of a reviewable migration
23
decision
--
any fee prescribed under subsection 347(3) for the
24
application is paid within the period specified in
25
subsection 347(2); and
26
(d) for an application covered by section 347A
--
the application
27
is made by a person permitted by that section to make the
28
application.
29
Conclusive certificates under section 339
30
(4) The ART must not review, or continue to review, a reviewable
31
migration decision or a reviewable protection decision in relation
32
Consequential amendments
Schedule 2
Home Affairs
Part 12
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
37
to which the Minister has issued a conclusive certificate under
1
section 339.
2
120 Subsection 348A(1)
3
After "ART Act", insert ", other than in relation to a guidance and
4
appeals panel proceeding".
5
Schedule 2
Consequential amendments
Part 13
Agriculture, Fisheries and Forestry
38
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
13--Agriculture, Fisheries and Forestry
1
Primary Industries Levies and Charges Collection Act 2024
2
121 Subsection 48(8) (note)
3
Omit "
Section 27A of the
Administrative Appeals Tribunal Act 1975
",
4
substitute "
Section 266 of the
Administrative Review Tribunal Act
5
2024
".
6
122 Section 49 (heading)
7
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
8
Review Tribunal
".
9
123 Section 49
10
Omit "Administrative Appeals Tribunal", substitute "Administrative
11
Review Tribunal".
12
Primary Industries Levies and Charges Disbursement Act
13
2024
14
124 Subsection 84(8) (note)
15
Omit "
Section 27A of the
Administrative Appeals Tribunal Act 1975
",
16
substitute "
Section 266 of the
Administrative Review Tribunal Act
17
2024
".
18
125 Section 85 (heading)
19
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
20
Review Tribunal
".
21
126 Subsection 85(1)
22
Omit "Administrative Appeals Tribunal", substitute "Administrative
23
Review Tribunal".
24
Consequential amendments
Schedule 2
Agriculture, Fisheries and Forestry
Part 13
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
39
127 Subsection 85(3)
1
Omit "sub
section 27(1) of the
Administrative Appeals Tribunal Act
2
1975
", substitute "
section 17 of the
Administrative Review Tribunal Act
3
2024
".
4
Schedule 2
Consequential amendments
Part 14
Infrastructure, Transport, Regional Development, Communications and the
Arts
40
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
14--Infrastructure, Transport, Regional
1
Development, Communications and the Arts
2
New Vehicle Standards Efficiency Act 2024
3
128 Paragraph 69(2)(i)
4
Omit "Administrative Appeals Tribunal", substitute "Administrative
5
Review Tribunal".
6
129 Paragraph 85(c)
7
Omit "Administrative Appeals Tribunal", insert "Administrative
8
Review Tribunal".
9
130 Section 89
10
Omit "Administrative Appeals Tribunal", insert "Administrative
11
Review Tribunal".
12
Contingent amendments
Schedule 3
Treasury
Part 1
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
41
Schedule
3--Contingent amendments
1
Part
1--Treasury
2
Division 1
--
Help to Buy Act 2024
3
Help to Buy Act 2024
4
1 Section 43 (heading)
5
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
6
Review Tribunal
".
7
2 Section 43
8
Omit "Administrative Appeals Tribunal", substitute "Administrative
9
Review Tribunal".
10
Division 2
--
Schedule 1 to the Treasury Laws
11
Amendment (Consumer Data Right) Act 2024
12
Competition and Consumer Act 2010
13
3 Subsection 56BH(4)
14
Omit "Administrative Appeals Tribunal", substitute "Administrative
15
Review Tribunal".
16
4 Subsection 56BH(4) (note 1)
17
Omit "AAT", substitute "ART".
18
5 Subsection 56BHA(5)
19
Omit "Administrative Appeals Tribunal", substitute "Administrative
20
Review Tribunal".
21
6 Subsection 56BHA(5) (note)
22
Omit "AAT", substitute "ART".
23
Schedule 3
Contingent amendments
Part 2
Defence
42
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
2--Defence
1
Australian Naval Nuclear Power Safety Act 2024
2
7 Subsection 38(9) (heading)
3
Omit "
AAT
", substitute "
ART
".
4
8 Subsection 38(9)
5
Omit "Administrative Appeals Tribunal", substitute "Administrative
6
Review Tribunal".
7
9 Subsection 144(6) (heading)
8
Omit "
AAT
", substitute "
ART
".
9
10 Subsection 144(6)
10
Omit "Administrative Appeals
Tribunal", substitute "Administrative
11
Review Tribunal".
12
Contingent amendments
Schedule 3
Veterans' Affairs
Part 3
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
43
Part
3--Veterans' Affairs
1
Military Rehabilitation and Compensation Act 2004
2
11 Subparagraph 353C(10)(b)(i)
3
Omit "
Administrative Appeals Tribunal Act 1975
", substitute
4
"
Administrative Review Tribunal Act 2024
".
5
12 Subparagraph 353C(10)(b)(ii)
6
Repeal the subparagraph, substitute:
7
(ii) the person may, under section 268 of the
Administrative
8
Review Tribunal Act 2024
, request a statement of
9
reasons for the decision.
10
Safety, Rehabilitation and Compensation (Defence
-
related
11
Claims) Act 1988
12
13 Subsection 62(4) (note)
13
Omit "Administrative Appeals Tribunal", substitute "Administrative
14
Review Tribunal".
15
Veterans' Entitlements Act 1986
16
14 Subsection 134(2) (note)
17
Omit "Administrative Appeals Tribunal", substitute "Administrative
18
Review Tribunal".
19
15 Subsection 174(1) (note)
20
Omit "Administrative Appeals Tribunal", substitute "Administrative
21
Review Tribunal".
22
16 Subsection 176(1)
23
Repeal the subsection.
24
Schedule 3
Contingent amendments
Part 3
Veterans' Affairs
44
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
17 Subsection 176(3)
1
Omit "
Section 28 of the
Administrative Appeals Tribunal Act 1975
",
2
substitute "
Section 268 of the
Administrative Review Tribunal Act
3
2024
".
4
Contingent amendments
Schedule 3
Social Services
Part 4
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
45
Part
4--Social Services
1
National Disability Insurance Scheme Act 2013
2
18 Subsection 32L(7) (note)
3
Omit "Administrative Appeals Tribunal", substitute "Ad
ministrative
4
Review Tribunal".
5
Schedule 3
Contingent amendments
Part 5
Agriculture, Fisheries and Forestry
46
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
Part
5--Agriculture, Fisheries and Forestry
1
Agriculture (Biosecurity Protection) Levies and Charges
2
Collection Act 2024
3
19 Section 44 (heading)
4
Omit "
Administrative Appeals Tribunal
", substitute "
Administrative
5
Review Tribunal
".
6
20 Section 44
7
Omit "Administrative Appeals Tribunal", substitute "Administrative
8
Review Tribunal".
9
Amendment of the Administrative Review Tribunal Act 2024
Schedule 4
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
47
Schedule
4--Amendment of the
1
Administrative Review Tribunal Act
2
2024
3
4
Administrative Review Tribunal Act 2024
5
1 Section 4 (subparagraph (b)(i) of the definition of
exempt
6
security record decision
)
7
After "
paragraph 3
3(1)(a) or (b)", insert "or
subsection 33(4A) or (4C)
".
8
2 Section 25
9
Omit "came into the possession or under the control of the
10
decision-
maker"
, substitute
"
came into the possession or under the
11
control of the decision-maker, or within a longer period specified in the
12
practice directions".
13
3 Paragraph 84(2)(b)
14
Repeal the paragraph, substitute:
15
(b) a person who would have been entitled to apply for review of
16
the decision at the time the substantive application was made.
17
4 After subsection 94(3)
18
Insert:
19
Question of law
20
(3A) For the purposes of this Act, each of the following is a question of
21
law:
22
(a) the question whether information, or a document, should be
23
made available to a party to a proceeding under
24
subsection 91(6);
25
(b) the question whether the answering of a question would be
26
contrary to the public interest.
27
5 After subsection 174(2)
28
Insert:
29
Schedule 4
Amendment of the Administrative Review Tribunal Act 2024
48
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
No. , 2024
(2A) For the purposes of counting the 28 days mentioned in
1
paragraphs (1)(a), (b) and (c), do not take into account any day in
2
the period starting on 24 December in a year and ending on
3
14 January in the next year.
4
6 At the end of section 278
5
Add:
6
Interaction with the Law Officers Act 1964
7
(4) This section does not affect or limit the operation of section 17 of
8
the
Law Officers Act 1964
in relation to a function or power under:
9
(a) section 59 (Attorney-General of the Commonwealth may
10
become a party) of this Act; or
11
(b) section 294 (legal or financial assistance) of this Act.
12
Note:
Section 17 of the
Law Officers Act 1964
provides for the
13
Attorney-General to delegate any of the Attorney-
General's powers or
14
functions.
15
7 Subsection 284(1) (table item 13)
16
Repeal the item.
17
8 Subsection 285(1) (table items 26 to 28)
18
Repeal the items.
19
Contingent amendments of the Administrative Review Tribunal Act 2024
Schedule 5
No. , 2024
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
49
Schedule
5--Contingent amendments of the
1
Administrative Review Tribunal Act
2
2024
3
4
Administrative Review Tribunal Act 2024
5
1 Section 4
6
Insert:
7
ACC Act
means the
Australian Crime Commission Act 2002
.
8
ACIC
means the agency known as the Australian Criminal
9
Intelligence Commission established by the
Australian Crime
10
Commission Act 2002
.
11
2 Section 4 (after subparagraph (b)(i) of the definition of
12
exempt security record decision
)
13
Insert:
14
(ia) a record of the ACIC relating to a criminal intelligence
15
assessment (within the meaning of Division 2A of Part II of
16
the ACC Act); or
17