Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 116

STATUTORY RULES 2001 No. 116

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1)

Section 70 of the Administrative Appeals Tribunal Act 1975 provides, among other things, that the Governor-General may make regulations prescribing the amounts payable as fees in respect of particular classes of applications made to the Tribunal

Regulation 19 of the Administrative Appeals Tribunal Regulations 1976 (the principal Regulations) provides for a standard application fee to apply for review of decisions by the Tribunal, except in cases of hardship or for applicants in certain categories (eg a holder of a concession card issued by the Department of Family and Community Services) or where the application relates to a prescribed decision.

A prescribed decision is a decision specified in Schedule 3 to the principal Regulations and certain decisions under the Freedom of Information Act 1982.

Schedule 3 to the principal Regulations prescribes various statutory decisions. Item 1 of Schedule 3, amongst other things, prescribes decisions made under the Social Security Act 1991. As a result of changes in 1999, some decisions that were made under this Act are now made under other legislation.

The purpose of the Amendment Regulations is to continue to provide exemptions from Tribunal application fees for review of decisions that were formerly made under the Social Security Act 1991 by amending Schedule 3 of the principal Regulations to specify:

•       decisions under the Social Security Act 1991, the Social Security (Administration) Act 1999 and the Social Security (International Agreements) Act 1999 (the legislation that forms the 'social security law').

•       decisions under A New Tax System (Family Assistance) Act 1999, A New Tax System (Family Assistance) (Administration) Act 1999 and associated regulations and A New Tax System (Family Assistance and Related Measures) Act 2000 (the legislation that forms the 'family assistance law');

The Regulations also have the effect of extending the exemption from application fees in the Tribunal to applications for review of decisions on childcare benefits, which are also provided for under the family assistance law.

Details of the Regulations are as follows:

Regulation 1 provides that the Regulations are called the Administrative Appeals Tribunal Amendment Regulations 2001 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that the principal Regulations are amended as set out in Schedule 1 to the Regulations.

Schedule 1, Item 1 omits the reference to the Social Security Act 1991 in Item 1 of Schedule 3.

Schedule 1, Item 2 inserts a new item 1A in Schedule 3 that specifies decisions made under the family assistance law as that term is defined in the A New Tax System (Family Assistance) (Administration) Act 1999.

Schedule 1, Item 3 inserts a new item 9A in Schedule 3 that specifies decisions made under the social security law as that term. is defined in the Social Security Act 1991.