2002

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Kerrie Tucker)

An Act to amend the Magistrates Court Act 1930

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Magistrates Court (Refund of Fees) Amendment Act 2002.

This Act commences on the day after its notification day.

This Act amends the Magistrates Court Act 1930.

(3) A determined fee for an application for review of a decision by the administrative appeals tribunal must be refunded by the registrar of the tribunal if the application ends in the applicant’s favour.

1 If an applicant applies for review of an approval given to someone else and the tribunal upholds the approval but adds or amends conditions consistent with the applicant’s application, the application ends in the applicant’s favour.

2 If an applicant applies for review of an approval seeking its revocation and the tribunal overturns the approval but not for, or only partially for, the reasons presented by the applicant, the application ends in the applicant’s favour.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see the Legislation Act 2001, s 126 and 132).

(4) Subsection (3) applies to an application that ends after subsection (3) commences, whether the application was made before or after the commencement of subsection (3).

(5) Subsection (4) and this subsection expire 1 year after subsection (3) commences.

For the latest republication of amended laws, see www.legislation.act.gov.au.