Administrative
Decisions (Judicial Review) Act 1977
Act No. 59 of 1977 as amended
This compilation was prepared on 27 October 2008
taking into account amendments up to Act No. 105 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General’s Department, Canberra
Contents
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement [see Note 1].............................................................. 1
3............ Interpretation...................................................................................... 1
3A......... Certain legislation relating to Australian Capital
Territory not to be enactment 6
4............ Act to operate notwithstanding anything in
existing laws................. 6
5............ Applications for review of decisions.................................................. 6
6............ Applications for review of conduct related to
making of decisions... 8
7............ Applications in respect of failures to make
decisions........................ 9
8............ Jurisdiction of Federal Court of Australia and
Federal Magistrates Court 10
9............ Limitation of jurisdiction of State courts.......................................... 10
9A......... Limitation of jurisdiction to review related
criminal justice process decisions 11
9B......... Limitation of jurisdiction to review related civil
proceeding decisions 13
10.......... Rights conferred by this Act to be additional to
other rights........... 13
11.......... Manner of making applications........................................................ 15
12.......... Application to be made a party to a proceeding.............................. 17
13.......... Reasons for decision may be obtained.............................................. 18
13A....... Certain information not required to be disclosed.............................. 21
14.......... Certification by Attorney‑General
concerning the disclosure of information 22
15.......... Stay of proceedings—Federal Court................................................ 23
15A....... Stay of proceedings—Federal Magistrates Court............................ 23
16.......... Powers of the Federal Court and the Federal
Magistrates Court in respect of applications for order of review 24
17.......... Change in person holding, or performing the
duties of, an office..... 25
18.......... Intervention by Attorney‑General................................................... 26
18A....... Transfer of proceedings to Family Court......................................... 26
19.......... Act not to apply in relation to certain decisions.............................. 28
19A....... Act to apply in relation to certain Northern
Territory laws............ 28
19B....... Regulations may amend Schedule 3.................................................. 29
20.......... Regulations....................................................................................... 29
Schedule 1—Classes of
decisions that are not decisions to which this Act applies 30
Schedule 2—Classes of
decisions that are not decisions to which section 13 applies 34
Schedule 3—State, ACT and NT Acts, and parts of such
Acts, that are enactments for the purposes of this Act 39
1............ What this Schedule does................................................................... 39
2............ State, ACT and NT Acts, and parts of such Acts,
that are enactments 39
Notes 41
An Act relating to the Review on Questions of Law of certain
Administrative Decisions
1
Short title [see Note 1]
This Act may be cited as the Administrative
Decisions (Judicial Review) Act 1977.
2
Commencement [see
Note 1]
This Act shall come into operation on a
date to be fixed by Proclamation.
3
Interpretation
(1) In this Act, unless the contrary
intention appears:
ACT enactment means an enactment as defined
by section 3 of the Australian Capital Territory (Self‑Government)
Act 1988.
Commonwealth authority means an authority or
other body (whether incorporated or not) that is established or continued in
existence by or under an Act.
decision to which this Act applies means a
decision of an administrative character made, proposed to be made, or required
to be made (whether in the exercise of a discretion or not and whether before
or after the commencement of this definition):
(a) under an enactment referred to in paragraph (a),
(b), (c) or (d) of the definition of enactment; or
(b) by a Commonwealth authority or an
officer of the Commonwealth under an enactment referred to in paragraph (ca)
or (cb) of the definition of enactment;
other than:
(c) a decision by the Governor‑General;
or
(d) a decision included in any of the
classes of decisions set out in Schedule 1.
Note: Regulations for the purposes of section 19
can declare that decisions that are covered by this definition are not subject
to judicial review under this Act.
duty includes a duty imposed on a person in
his or her capacity as a servant of the Crown.
enactment means:
(a) an Act, other than:
(i) the Commonwealth
Places (Application of Laws) Act 1970; or
(ii) the Northern
Territory (Self‑Government) Act 1978; or
(iii) an Act or part of an
Act that is not an enactment because of section 3A (certain legislation
relating to the ACT); or
(b) an Ordinance of a Territory other
than the Australian Capital Territory or the Northern Territory; or
(c) an instrument (including rules,
regulations or by‑laws) made under such an Act or under such an
Ordinance, other than any such instrument that is not an enactment because of
section 3A; or
(ca) an Act of a State, the Australian
Capital Territory or the Northern Territory, or a part of such an Act,
described in Schedule 3; or
(cb) an instrument (including rules,
regulations or by‑laws) made under an Act or part of an Act covered by paragraph (ca);
or
(d) any other law, or a part of a law,
of the Northern Territory declared by the regulations, in accordance with
section 19A, to be an enactment for the purposes of this Act;
and, for the purposes of paragraph (a), (b), (c),
(ca) or (cb), includes a part of an enactment.
Note: Regulations for the purposes of section 19B
can amend Schedule 3 (see section 19B).
failure, in relation to the making of a
decision, includes a refusal to make the decision.
Family Court Judge means a Judge of the
Family Court (including the Chief Judge, the Deputy Chief Judge, a Judge
Administrator or a Senior Judge).
Federal Court Rules means the Rules of Court
made under the Federal Court of Australia Act 1976.
Federal Magistrates Rules means the Rules of
Court made under the Federal Magistrates Act 1999.
officer of the Commonwealth has the same
meaning as in paragraph 75(v) of the Constitution.
order of review, in relation to a decision,
in relation to conduct engaged in for the purpose of making a decision or in
relation to a failure to make a decision, means an order on an application made
under section 5, 6 or 7 in respect of the decision, conduct or failure.
the Family Court means the Family Court of
Australia.
the Federal Court means the Federal Court of
Australia.
(2) In this Act, a reference to the making of
a decision includes a reference to:
(a) making, suspending, revoking or
refusing to make an order, award or determination;
(b) giving, suspending, revoking or
refusing to give a certificate, direction, approval, consent or permission;
(c) issuing, suspending, revoking or
refusing to issue a licence, authority or other instrument;
(d) imposing a condition or
restriction;
(e) making a declaration, demand or
requirement;
(f) retaining, or refusing to deliver
up, an article; or
(g) doing or refusing to do any other
act or thing;
and a reference to a failure to make a decision shall be
construed accordingly.
(3) Where provision is made by an enactment
for the making of a report or recommendation before a decision is made in the
exercise of a power under that enactment or under another law, the making of
such a report or recommendation shall itself be deemed, for the purposes of
this Act, to be the making of a decision.
(4) In this
Act:
(a) a reference to a person aggrieved
by a decision includes a reference:
(i) to a person whose
interests are adversely affected by the decision; or
(ii) in the case of a
decision by way of the making of a report or recommendation—to a person whose
interests would be adversely affected if a decision were, or were not, made in
accordance with the report or recommendation; and
(b) a reference to a person aggrieved
by conduct that has been, is being, or is proposed to be, engaged in for the
purpose of making a decision or by a failure to make a decision includes a
reference to a person whose interests are or would be adversely affected by the
conduct or failure.
(5) A reference in this Act to conduct
engaged in for the purpose of making a decision includes a reference to the
doing of any act or thing preparatory to the making of the decision, including
the taking of evidence or the holding of an inquiry or investigation.
(6) A document or a statement that is
required by this Act to be furnished to a person or a notice that is required
by this Act to be given to a person may be posted to the person by a pre‑paid
letter:
(a) where the person has furnished an
address at which documents may be served—to that address; or
(b) where no such address has been
furnished:
(i) in the case of a
person not being a company—to the address of his or her place of residence or
business last known to the person posting the document, statement or notice; or
(ii) in the case of a
company—to the address of the registered office of the company;
and, if a document, statement or notice is so posted,
then, for the purposes of this Act, the document or statement shall be deemed
to be furnished, or the notice shall be deemed to be given, as the case may be,
at the time when the document, statement or notice is so posted.
(7) A reference in a Schedule to this Act to
another Act (including an Act of a State, the Australian Capital Territory or
the Northern Territory) or a provision of another Act shall be read as
including a reference to regulations or by‑laws in force under that other
Act or for the purposes of that provision, as the case may be.
(7A) If an Act of a State, the Australian
Capital Territory or the Northern Territory, or a part of such an Act,
described in Schedule 3 applies all or part of another enactment or
instrument as a law of the State or Territory, that other enactment or instrument,
as so applying, is taken for the purposes of this Act to be included in the
Act, or the part of the Act, of the State or Territory.
(8) For the purposes of a Schedule to this
Act:
(a) a decision made, proposed to be
made, or required to be made, as the case may be, by a person acting as the
delegate of another person, or by a person otherwise lawfully authorized to act
on behalf of another person, shall be deemed to be a decision by that other
person; and
(b) a decision made, proposed to be
made, or required to be made, as the case may be, by a person for the time
being acting in, or performing any of the duties of, an office or appointment
shall be deemed to be a decision by the holder of that office or appointment.
(8A) For the purposes of a Schedule to this Act,
the question whether a body corporate is a subsidiary of another body corporate
is to be determined in the same manner as that question is determined under the
Corporations Act 2001.
(9) In a Schedule to this Act:
Service includes the Australian Federal
Police.
(10) To avoid doubt, a reference in this Act
(other than subsections 11(1), (2) and (3)) to an application made to the
Federal Court includes, and is taken always to have included, a reference to an
application that has come, or that came, before the Federal Court by way of a
transfer from the Federal Magistrates Court under Part 5 of the Federal
Magistrates Act 1999.
(11) To avoid doubt, a reference in this Act
(other than subsections 11(1), (2) and (3)) to an application made to the
Federal Magistrates Court includes, and is taken always to have included, a
reference to an application that:
(a) has
come, or that came, before the Federal Magistrates Court by way of a transfer
from the Federal Court under section 32AB of the Federal Court of
Australia Act 1976; and
(b) could have been made directly to
the Federal Magistrates Court.
(12) For the purposes of paragraph (11)(b),
disregard section 19 of the Federal Magistrates Act 1999.
3A
Certain legislation relating to Australian Capital Territory not to be
enactment
(1) ACT
enactments are not enactments except to the extent that they are covered by paragraph (ca)
or (cb) of the definition of enactment in subsection 3(1).
(2) The Australian Capital Territory
(Self‑Government) Act 1988 and the Canberra Water Supply
(Googong Dam) Act 1974 are not enactments.
(3) Part IV, sections 29 and 30,
subsection 63(2), section 66 and Division 5 of Part X of the Australian
Capital Territory Planning and Land Management Act 1988 are not
enactments.
(4) Where the whole of an Act or Ordinance is
not an enactment, an instrument made under it is not an enactment.
(5) Where part of an Act or Ordinance is not
an enactment, an instrument made under the Act or Ordinance, as the case may
be, is not an enactment unless made for the purposes of the other part of the
Act or Ordinance, as the case may be.
4 Act
to operate notwithstanding anything in existing laws
This Act has effect notwithstanding
anything contained in any law in force at the commencement of this Act.
5
Applications for review of decisions
(1) A person
who is aggrieved by a decision to which this Act applies that is made after the
commencement of this Act may apply to the Federal Court or the Federal
Magistrates Court for an order of review in respect of the decision on any one
or more of the following grounds:
(a) that a breach of the rules of
natural justice occurred in connection with the making of the decision;
(b) that procedures that were required
by law to be observed in connection with the making of the decision were not
observed;
(c) that the person who purported to
make the decision did not have jurisdiction to make the decision;
(d) that the decision was not
authorized by the enactment in pursuance of which it was purported to be made;
(e) that the making of the decision
was an improper exercise of the power conferred by the enactment in pursuance
of which it was purported to be made;
(f) that the decision involved an
error of law, whether or not the error appears on the record of the decision;
(g) that the decision was induced or
affected by fraud;
(h) that there was no evidence or
other material to justify the making of the decision;
(j) that the decision was otherwise
contrary to law.
(2) The reference in paragraph (1)(e) to
an improper exercise of a power shall be construed as including a reference to:
(a) taking an irrelevant consideration
into account in the exercise of a power;
(b) failing to take a relevant
consideration into account in the exercise of a power;
(c) an exercise of a power for a
purpose other than a purpose for which the power is conferred;
(d) an exercise of a discretionary
power in bad faith;
(e) an exercise of a personal
discretionary power at the direction or behest of another person;
(f) an exercise of a discretionary
power in accordance with a rule or policy without regard to the merits of the
particular case;
(g) an exercise of a power that is so
unreasonable that no reasonable person could have so exercised the power;
(h) an exercise of a power in such a
way that the result of the exercise of the power is uncertain; and
(j) any other exercise of a power in
a way that constitutes abuse of the power.
(3) The ground specified in paragraph (1)(h)
shall not be taken to be made out unless:
(a) the person who made the decision
was required by law to reach that decision only if a particular matter was
established, and there was no evidence or other material (including facts of
which he or she was entitled to take notice) from which he or she could
reasonably be satisfied that the matter was established; or
(b) the person who made the decision
based the decision on the existence of a particular fact, and that fact did not
exist.
6
Applications for review of conduct related to making of decisions
(1) Where a person has engaged, is engaging,
or proposes to engage, in conduct for the purpose of making a decision to which
this Act applies, a person who is aggrieved by the conduct may apply to the
Federal Court or the Federal Magistrates Court for an order of review in
respect of the conduct on any one or more of the following grounds:
(a) that a breach of the rules of
natural justice has occurred, is occurring, or is likely to occur, in
connection with the conduct;
(b) that procedures that are required
by law to be observed in respect of the conduct have not been, are not being,
or are likely not to be, observed;
(c) that the person who has engaged,
is engaging, or proposes to engage, in the conduct does not have jurisdiction
to make the proposed decision;
(d) that the enactment in pursuance of
which the decision is proposed to be made does not authorize the making of the
proposed decision;
(e) that the making of the proposed
decision would be an improper exercise of the power conferred by the enactment
in pursuance of which the decision is proposed to be made;
(f) that an error of law had been, is
being, or is likely to be, committed in the course of the conduct or is likely
to be committed in the making of the proposed decision;
(g) that fraud has taken place, is
taking place, or is likely to take place, in the course of the conduct;
(h) that there is no evidence or other
material to justify the making of the proposed decision;
(j) that the making of the proposed
decision would be otherwise contrary to law.
(2) The
reference in paragraph (1)(e) to an improper exercise of a power shall be
construed as including a reference to:
(a) taking an irrelevant consideration
into account in the exercise of a power;
(b) failing to take a relevant
consideration into account in the exercise of a power;
(c) an exercise of a power for a
purpose other than a purpose for which the power is conferred;
(d) an exercise of a discretionary
power in bad faith;
(e) an exercise of a personal
discretionary power at the direction or behest of another person;
(f) an exercise of a discretionary
power in accordance with a rule or policy without regard to the merits of the
particular case;
(g) an exercise of a power that is so
unreasonable that no reasonable person could have so exercised the power;
(h) an exercise of a power in such a
way that the result of the exercise of the power is uncertain; and
(j) any other exercise of a power in
a way that constitutes abuse of the power.
(3) The ground
specified in paragraph (1)(h) shall not be taken to be made out unless:
(a) the person who proposes to make
the decision is required by law to reach that decision only if a particular
matter is established, and there is no evidence or other material (including
facts of which he or she is entitled to take notice) from which he or she can
reasonably be satisfied that the matter is established; or
(b) the person proposes to make the
decision on the basis of the existence of a particular fact, and that fact does
not exist.
7
Applications in respect of failures to make decisions
(1) Where:
(a) a person has a duty to make a
decision to which this Act applies;
(b) there is no law that prescribes a
period within which the person is required to make that decision; and
(c) the
person has failed to make that decision;
a person who is aggrieved
by the failure of the first‑mentioned person to make the decision may
apply to the Federal Court or the Federal Magistrates Court for an order of
review in respect of the failure to make the decision on the ground that there
has been unreasonable delay in making the decision.
(2) Where:
(a) a person has a duty to make a
decision to which this Act applies;
(b) a law prescribes a period within
which the person is required to make that decision; and
(c) the person failed to make that
decision before the expiration of that period;
a person who is aggrieved by the failure of the first‑mentioned
person to make the decision within that period may apply to the Federal Court
or the Federal Magistrates Court for an order of review in respect of the
failure to make the decision within that period on the ground that the first‑mentioned
person has a duty to make the decision notwithstanding the expiration of that
period.
8
Jurisdiction of Federal Court of Australia and Federal Magistrates Court
(1) The Federal Court has jurisdiction to
hear and determine applications made to the Federal Court under this Act.
(2) The Federal Magistrates Court has
jurisdiction to hear and determine applications made to the Federal Magistrates
Court under this Act.
Note: See also subsections 3(10), (11) and (12).
9
Limitation of jurisdiction of State courts
(1) Notwithstanding anything contained in any
Act other than this Act, a court of a State does not have jurisdiction to
review:
(a) a decision to which this section
applies that is made after the commencement of this Act;
(b) conduct that has been, is being,
or is proposed to be, engaged in for the purpose of making a decision to which
this section applies;
(c) a failure to make a decision to
which this section applies; or
(d) any
other decision given, or any order made, by an officer of the Commonwealth or
any other conduct that has been, is being, or is proposed to be, engaged in by
an officer of the Commonwealth, including a decision, order or conduct given,
made or engaged in, as the case may be, in the exercise of judicial power.
Note: This subsection has effect subject to the Jurisdiction
of Courts (Cross‑vesting) Act 1987 and to subsection 1337B(3) of the Corporations
Act 2001.
(2) In this section:
decision to which this section applies means:
(a) a decision that is a decision to
which this Act applies; or
(b) a decision of an administrative
character that is included in any of the classes of decisions set out in
Schedule 1.
review means review by way of:
(a) the grant of an injunction;
(b) the grant of a prerogative or
statutory writ (other than a writ of habeas corpus) or the making of any
order of the same nature or having the same effect as, or of a similar nature
or having a similar effect to, any such writ; or
(c) the making of a declaratory order.
(4) This section does not affect:
(b) the jurisdiction conferred on the
Supreme Court of a State by section 32A of the Federal Court of
Australia Act 1976; or
(c) the jurisdiction of a court of a
State in respect of any matter that is pending before it at the commencement of
this Act.
9A
Limitation of jurisdiction to review related criminal justice process decisions
(1) Subject to subsection (2), at any
time when:
(a) a prosecution for an offence
against a law of the Commonwealth, a State or a Territory is before any court;
or
(b) an appeal arising out of such a
prosecution is before any court;
no court has jurisdiction to hear, continue to hear or determine
an application under this Act, by the person who is or was the defendant in the
prosecution, in relation to a related criminal justice process decision.
(2) Subsection (1) does not apply if an
applicant has commenced an application under this Act before the commencement
of a prosecution for an offence against a law of the Commonwealth, or of a
State or a Territory.
(3) Where subsection (2) applies, the
prosecutor may apply to the court for a permanent stay of proceedings in the
hearing and determination of the application and the court may grant such a
stay if the court determines that:
(a) the matters that are the subject
of the application are more appropriately dealt with in the criminal justice
process; and
(b) a stay of proceedings will not
substantially prejudice the applicant.
(4) In this
section:
appeal includes an application for a new
trial and a proceeding to review or call in question the proceedings, decision
or jurisdiction of a court or judge.
related criminal justice process decision, in
relation to an offence, means:
(a) a decision (other than a decision
to prosecute) made in the criminal justice process in relation to the offence,
including:
(i) a decision in
connection with the investigation, committal for trial or prosecution of the
defendant; and
(ii) a decision in
connection with the appointment of investigators or inspectors for the purposes
of such an investigation; and
(iii) a decision in
connection with the issue of a warrant, including a search warrant or a seizure
warrant; and
(iv) a decision requiring
the production of documents, the giving of information or the summoning of
persons as witnesses; and
(v) a decision in
connection with an appeal arising out of the prosecution; or
(b) a decision of the Attorney‑General
to give a certificate under section 26 or 28 of the National Security
Information (Criminal and Civil Proceedings) Act 2004 before or during a
federal criminal proceeding (within the meaning of that Act) in relation to the
offence.
Note: A decision to prosecute a person for an
offence is not reviewable under this Act: see paragraph (xa) of Schedule 1.
9B
Limitation of jurisdiction to review related civil proceeding decisions
(1) At any time when a civil proceeding, or
an appeal arising out of a civil proceeding, is taking place, no court has
jurisdiction to hear, continue to hear or determine an application under this
Act, by a person who is or was a party to the proceeding, in relation to a
related civil proceeding decision.
(2) In this section:
appeal includes a proceeding to review or
call in question the proceedings, decision or jurisdiction of a court or judge.
civil proceeding has the same meaning as in
the National Security Information (Criminal and Civil Proceedings) Act 2004.
related civil proceeding decision, in
relation to a civil proceeding, means:
(a) a decision of the Attorney‑General
to give:
(i) notice under section 6A
of the National Security Information (Criminal and Civil Proceedings) Act
2004 in relation to the proceeding; or
(ii) a certificate under
section 38F or 38H of that Act in relation to the proceeding; or
(b) a decision of the Minister
appointed by the Attorney‑General under section 6A of that Act to
give:
(i) notice under section 6A
of that Act in relation to the proceeding; or
(ii) a certificate under
section 38F or 38H of that Act in relation to the proceeding.
10
Rights conferred by this Act to be additional to other rights
(1) The rights conferred by sections 5,
6 and 7 on a person to make an application to the Federal Court or the Federal
Magistrates Court in respect of a decision, in respect of conduct engaged in
for the purpose of making a decision or in respect of a failure to make a
decision:
(a) are
in addition to, and not in derogation of, any other rights that the person has
to seek a review, whether by the court, by another court, or by another
tribunal, authority or person, of that decision, conduct or failure; and
(b) shall be disregarded for the
purposes of the application of subsection 6(3) of the Ombudsman Act 1976 and
section 40TF of the Australian Federal Police Act 1979.
(2) Notwithstanding subsection (1):
(a) the Federal Court or the Federal
Magistrates Court, or any other court, may, in a proceeding instituted
otherwise than under this Act, in its discretion, refuse to grant an
application for a review of a decision, conduct engaged in for the purpose of
making a decision, or a failure to make a decision, for the reason that an
application has been made to the Federal Court or the Federal Magistrates Court
under section 5, 6 or 7 in respect of that decision, conduct or failure;
and
(b) the Federal Court or the Federal
Magistrates Court may, in its discretion, refuse to grant an application under
section 5, 6 or 7 that was made to the court in respect of a decision, in
respect of conduct engaged in for the purpose of making a decision, or in
respect of a failure to make a decision, for the reason:
(i) that the applicant has
sought a review by the court, or by another court, of that decision, conduct or
failure otherwise than under this Act; or
(ii) that adequate
provision is made by any law other than this Act under which the applicant is
entitled to seek a review by the court, by another court, or by another
tribunal, authority or person, of that decision, conduct or failure.
(3) In this section, review
includes a review by way of reconsideration, re‑hearing, appeal, the
grant of an injunction or of a prerogative or statutory writ or the making of a
declaratory or other order.
11
Manner of making applications
(1) An application to the Federal Court or
the Federal Magistrates Court for an order of review:
(a) shall be made in such manner as is
prescribed by:
(i) in the case of an
application to the Federal Court—Federal Court Rules; or
(ii) in the case of an
application to the Federal Magistrates Court—Federal Magistrates Rules; and
(b) shall set out the grounds of the
application; and
(c) shall be lodged with a Registry of
the court concerned and, in the case of an application in relation to a
decision that has been made and the terms of which were recorded in writing and
set out in a document that was furnished to the applicant, including such a
decision that a person purported to make after the expiration of the period
within which it was required to be made, shall be so lodged within the
prescribed period or within such further time as the court concerned (whether
before or after the expiration of the prescribed period) allows.
(2) Any other application to the Federal
Court or the Federal Magistrates Court under this Act shall be made as
prescribed by:
(i) in the case of an
application to the Federal Court—Federal Court Rules; or
(ii) in the case of an
application to the Federal Magistrates Court—Federal Magistrates Rules.
(3) The prescribed period for the purposes of
paragraph (1)(c) is the period commencing on the day on which the decision
is made and ending on the twenty‑eighth day after:
(a) if the decision sets out the
findings on material questions of fact, refers to the evidence or other
material on which those findings were based and gives the reasons for the
decision—the day on which a document setting out the terms of the decision is
furnished to the applicant; or
(b) in a case to which paragraph (a)
does not apply:
(i) if a statement in
writing setting out those findings, referring to that evidence or other
material and giving those reasons is furnished to the applicant otherwise than
in pursuance of a request under subsection 13(1) not later than the twenty‑eighth
day after the day on which a document setting out the terms of the decision is
furnished to the applicant—the day on which the statement is so furnished;
(ii) if the applicant, in
accordance with subsection 13(1), requests the person who made the decision to
furnish a statement as mentioned in that subsection—the day on which the
statement is furnished, the applicant is notified in accordance with subsection
13(3) of the opinion that the applicant was not entitled to make the request,
the Federal Court or the Federal Magistrates Court makes an order under
subsection 13(4A) declaring that the applicant was not entitled to make the
request or the applicant is notified in accordance with subsection 13A(3) or
14(3) that the statement will not be furnished; or
(iii) in any other case—the
day on which a document setting out the terms of the decision is furnished to
the applicant.
(4) Where:
(a) no period is prescribed for the
making of applications for orders of review in relation to a particular
decision; or
(b) no period is prescribed for the
making of an application by a particular person for an order of review in
relation to a particular decision;
the Federal Court or the Federal Magistrates Court may:
(c) in a case to which paragraph (a)
applies—refuse to entertain an application for an order of review in relation
to the decision referred to in that paragraph; or
(d) in a case to which paragraph (b)
applies—refuse to entertain an application by the person referred to in that
paragraph for an order of review in relation to the decision so referred to;
if the court is of the opinion that the application was
not made within a reasonable time after the decision was made.
(5) In forming an opinion for the purposes of
subsection (4), the court shall have regard to:
(a) the time when the applicant became
aware of the making of the decision; and
(b) in
a case to which paragraph (4)(b) applies—the period or periods prescribed
for the making by another person or other persons of an application or
applications for an order or orders of review in relation to the decision;
and may have regard to such other matters as it considers
relevant.
(6) The applicant for an order of review is
not limited to the grounds set out in the application but, if he or she wishes
to rely on a ground not so set out, the court concerned may direct that the
application be amended to specify that ground.
(7) The Federal Court or the Federal
Magistrates Court may, on such terms as it thinks fit, permit a document lodged
with a Registry of the court in connection with an application under this Act
to be amended and may, if it thinks fit, direct such a document to be amended
in a manner specified by the court.
(8) The Federal Court Rules may make
provision for and in relation to service on appropriate persons of copies of
documents lodged with a Registry of the Federal Court under this Act.
(8A) The Federal Magistrates Rules may make
provision for and in relation to service on appropriate persons of copies of
documents lodged with a Registry of the Federal Magistrates Court under this
Act.
(9) Strict compliance with Federal Court
Rules or Federal Magistrates Rules made for the purposes of this section is not
required and substantial compliance is sufficient.
12
Application to be made a party to a proceeding
(1) A person interested in a decision, in
conduct that has been, is being, or is proposed to be, engaged in for the
purpose of making a decision, or in a failure to make a decision, being a
decision, conduct or failure in relation to which an application has been made
to the Federal Court or the Federal Magistrates Court under this Act, may apply
to the court to be made a party to the application.
(2) The court
may, in its discretion:
(a) grant the application either
unconditionally or subject to such conditions as it thinks fit; or
(b) refuse the application.
13
Reasons for decision may be obtained
(1) Where a person makes a decision to which
this section applies, any person who is entitled to make an application to the
Federal Court or the Federal Magistrates Court under section 5 in relation
to the decision may, by notice in writing given to the person who made the
decision, request him or her to furnish a statement in writing setting out the
findings on material questions of fact, referring to the evidence or other
material on which those findings were based and giving the reasons for the
decision.
(2) Where such a request is made, the person
who made the decision shall, subject to this section, as soon as practicable,
and in any event within 28 days, after receiving the request, prepare the
statement and furnish it to the person who made the request.
(3) Where a person to whom a request is made
under subsection (1) is of the opinion that the person who made the
request was not entitled to make the request, the first‑mentioned person
may, within 28 days after receiving the request:
(a) give to the second‑mentioned
person notice in writing of his or her opinion; or
(b) apply to the Federal Court or the
Federal Magistrates Court under subsection (4A) for an order declaring
that the person who made the request was not entitled to make the request.
(4) Where a person gives a notice under subsection (3),
or applies to the Federal Court or the Federal Magistrates Court under subsection (4A),
with respect to a request, the person is not required to comply with the
request unless:
(a) the Federal Court or the Federal
Magistrates Court, on an application under subsection (4A), declares that
the person who made the request was entitled to make the request; or
(b) the
person who gave the notice under subsection (3) has applied to the Federal
Court or the Federal Magistrates Court under subsection (4A) for an order
declaring that the person who made the request was not entitled to make the
request and the court refuses that application;
and, in either of those
cases, the person who gave the notice shall prepare the statement to which the
request relates and furnish it to the person who made the request within 28
days after the decision of the court.
(4A) The Federal Court or the Federal
Magistrates Court may, on the application of:
(a) a person to whom a request is made
under subsection (1); or
(b) a person who has received a notice
under subsection (3);
make an order declaring that the person who made the
request concerned was, or was not, entitled to make the request.
(5) A person to whom a request for a
statement in relation to a decision is made under subsection (1) may
refuse to prepare and furnish the statement if:
(a) in the case of a decision the
terms of which were recorded in writing and set out in a document that was
furnished to the person who made the request—the request was not made on or
before the twenty‑eighth day after the day on which that document was so
furnished; or
(b) in any other case—the request was
not made within a reasonable time after the decision was made;
and in any such case the person to whom the request was
made shall give to the person who made the request, within 14 days after
receiving the request, notice in writing stating that the statement will not be
furnished to him or her and giving the reason why the statement will not be so
furnished.
(6) For the purposes of paragraph (5)(b),
a request for a statement in relation to a decision shall be deemed to have
been made within a reasonable time after the decision was made if the Federal
Court or the Federal Magistrates Court, on application by the person who made
the request, declares that the request was made within a reasonable time after
the decision was made.
(7) If the
Federal Court or the Federal Magistrates Court, upon application for an order
under this subsection made to it by a person to whom a statement has been
furnished in pursuance of a request under subsection (1), considers that
the statement does not contain adequate particulars of findings on material
questions of fact, an adequate reference to the evidence or other material on
which those findings were based or adequate particulars of the reasons for the
decision, the court may order the person who furnished the statement to furnish
to the person who made the request for the statement, within such time as is
specified in the order, an additional statement or additional statements
containing further and better particulars in relation to matters specified in
the order with respect to those findings, that evidence or other material or
those reasons.
(8) The regulations may declare a class or
classes of decisions to be decisions that are not decisions to which this
section applies.
(9) Regulations made under subsection (8)
may specify a class of decisions in any way, whether by reference to the nature
or subject matter of the decisions, by reference to the enactment or provision
of an enactment under which they are made, by reference to the holder of the office
by whom they are made, or otherwise.
(10) A regulation made under subsection (8)
applies only in relation to decisions made after the regulation takes effect.
(11) In this section, decision to which
this section applies means a decision that is a decision to which this
Act applies, but does not include:
(a) a decision in relation to which
section 28 of the Administrative Appeals Tribunal Act 1975 applies;
(b) a decision that includes, or is
accompanied by a statement setting out, findings of facts, a reference to the
evidence or other material on which those findings were based and the reasons
for the decision; or
(c) a decision included in any of the
classes of decision set out in Schedule 2.
13A
Certain information not required to be disclosed
(1) This section applies in relation to any
information to which a request made to a person under subsection 13(1) relates,
being information that:
(a) relates to the personal affairs or
business affairs of a person, other than the person making the request; and
(b) is information:
(i) that was supplied in
confidence;
(ii) the publication of
which would reveal a trade secret;
(iii) that was furnished in
compliance with a duty imposed by an enactment; or
(iv) the furnishing of which
in accordance with the request would be in contravention of an enactment, being
an enactment that expressly imposes on the person to whom the request is made a
duty not to divulge or communicate to any person, or to any person other than a
person included in a prescribed class of persons, or except in prescribed
circumstances, information of that kind.
(2) Where a person has been requested in
accordance with subsection 13(1) to furnish a statement to a person:
(a) the first‑mentioned person
is not required to include in the statement any information in relation to
which this section applies; and
(b) where the statement would be false
or misleading if it did not include such information—the first‑mentioned
person is not required by section 13 to furnish the statement.
(3) Where, by reason of subsection (2),
information is not included in a statement furnished by a person or a statement
is not furnished by a person, the person shall give notice in writing to the
person who requested the statement:
(a) in a case where information is not
included in a statement—stating that the information is not so included and
giving the reason for not including the information; or
(b) in a case where a statement is not
furnished—stating that the statement will not be furnished and giving the
reason for not furnishing the statement.
(4) Nothing in this section affects the power
of the Federal Court or the Federal Magistrates Court to make an order for the
discovery of documents or to require the giving of evidence or the production
of documents to the court.
14
Certification by Attorney‑General concerning the disclosure of
information
(1) If the Attorney‑General certifies,
by writing signed by him or her, that the disclosure of information concerning
a specified matter would be contrary to the public interest:
(a) by reason that it would prejudice
the security, defence or international relations of Australia;
(b) by reason that it would involve
the disclosure of deliberations or decisions of the Cabinet or of a Committee
of the Cabinet; or
(c) for any other reason specified in
the certificate that could form the basis for a claim in a judicial proceeding
that the information should not be disclosed;
the following provisions of this section have effect.
(2) Where a person has been requested in
accordance with section 13 to furnish a statement to a person:
(a) the first‑mentioned person
is not required to include in the statement any information in respect of which
the Attorney‑General has certified in accordance with subsection (1)
of this section; and
(b) where the statement would be false
or misleading if it did not include such information—the first‑mentioned
person is not required by that section to furnish the statement.
(3) Where, by reason of subsection (2),
information is not included in a statement furnished by a person or a statement
is not furnished by a person, the person shall give notice in writing to the
person who requested the statement:
(a) in a case where information is not
included in a statement—stating that the information is not so included and
giving the reason for not including the information; or
(b) in a case where a statement is not
furnished—stating that the statement will not be furnished and giving the
reason for not furnishing the statement.
(4) Nothing in this section affects the power
of the Federal Court or the Federal Magistrates Court to make an order for the
discovery of documents or to require the giving of evidence or the production
of documents to the court.
15
Stay of proceedings—Federal Court
(1) The making of an application to the
Federal Court under section 5 in relation to a decision does not affect
the operation of the decision or prevent the taking of action to implement the
decision but:
(a) the Court or a Judge may, by
order, on such conditions (if any) as it or he or she thinks fit, suspend the
operation of the decision; and
(b) the Court or a Judge may order, on
such conditions (if any) as it or he or she thinks fit, a stay of all or any
proceedings under the decision.
(2) The Court or a Judge may make an order
under subsection (1) of its or his or her own motion or on the application
of the person who made the application under section 5.
(3) In this
section:
the Court or a Judge has the same meaning as
in the Federal Court of Australia Act 1976.
15A
Stay of proceedings—Federal Magistrates Court
(1) The making of an application to the
Federal Magistrates Court under section 5 in relation to a decision does
not affect the operation of the decision or prevent the taking of action to
implement the decision but:
(a) the Federal Magistrates Court or a
Federal Magistrate may, by order, on such conditions (if any) as it or he or
she thinks fit, suspend the operation of the decision; and
(b) the Federal Magistrates Court or a
Federal Magistrate may order, on such conditions (if any) as it or he or she
thinks fit, a stay of all or any proceedings under the decision.
(2) The Federal Magistrates Court or a
Federal Magistrate may make an order under subsection (1) on its or his or
her own initiative or on the application of the person who made the application
under section 5.
(3) In this section:
the Federal Magistrates Court
or a Federal Magistrate has the same meaning as in the Federal
Magistrates Act 1999.
16
Powers of the Federal Court and the Federal Magistrates Court in respect of
applications for order of review
(1) On an application for an order of review
in respect of a decision, the Federal Court or the Federal Magistrates Court
may, in its discretion, make all or any of the following orders:
(a) an order quashing or setting aside
the decision, or a part of the decision, with effect from the date of the order
or from such earlier or later date as the court specifies;
(b) an order referring the matter to
which the decision relates to the person who made the decision for further
consideration, subject to such directions as the court thinks fit;
(c) an order declaring the rights of
the parties in respect of any matter to which the decision relates;
(d) an order directing any of the
parties to do, or to refrain from doing, any act or thing the doing, or the
refraining from the doing, of which the court considers necessary to do justice
between the parties.
(2) On an
application for an order of review in respect of conduct that has been, is
being, or is proposed to be, engaged in for the purpose of the making of a
decision, the Federal Court or the Federal Magistrates Court may, in its
discretion, make either or both of the following orders:
(a) an order declaring the rights of
the parties in respect of any matter to which the conduct relates;
(b) an order directing any of the
parties to do, or to refrain from doing, any act or thing the doing, or the
refraining from the doing, of which the court considers necessary to do justice
between the parties.
(3) On an application for an order of review
in respect of a failure to make a decision, or in respect of a failure to make
a decision within the period within which the decision was required to be made,
the Federal Court or the Federal Magistrates Court may, in its discretion, make
all or any of the following orders:
(a) an order directing the making of
the decision;
(b) an order declaring the rights of
the parties in relation to the making of the decision;
(c) an order directing any of the
parties to do, or to refrain from doing, any act or thing the doing, or the
refraining from the doing, of which the court considers necessary to do justice
between the parties.
(4) The Federal Court or the Federal
Magistrates Court may at any time, of its own motion or on the application of
any party, revoke, vary, or suspend the operation of, any order made by it
under this section.
17
Change in person holding, or performing the duties of, an office
Where:
(a) a person has, in the performance of
the duties of an office, made a decision in respect of which an application may
be made to the Federal Court or the Federal Magistrates Court under this Act;
and
(b) the person no longer holds, or,
for whatever reason, is not performing the duties of, that office;
this Act has effect as if the decision had been made by:
(c) the person for the time being
holding or performing the duties of that office; or
(d) if there is no person for the time
being performing the duties of that office or that office no longer exists—the
person specified:
(i) if
the decision was made under an enactment referred to in paragraph (a),
(b), (c) or (d) of the definition of enactment in subsection
3(1)—by the Minister administering that enactment, or by a person he or she authorises
for the purpose; or
(ii) if the decision was
made under an enactment referred to in paragraph (ca) or (cb) of that
definition—by the Attorney‑General, or by a person he or she authorises
for the purpose.
18
Intervention by Attorney‑General
(1) The Attorney‑General may, on behalf
of the Commonwealth, intervene in a proceeding before the Federal Court or the
Federal Magistrates Court under this Act.
(2) Where the Attorney‑General
intervenes in a proceeding in pursuance of this section, the court may, in the
proceeding, make such order as to costs against the Commonwealth as the court
thinks fit.
(3) Where the Attorney‑General
intervenes in a proceeding in pursuance of this section, he or she shall be
deemed to be a party to the proceeding.
18A Transfer
of proceedings to Family Court
(1) Subject to subsection (2), where a
proceeding under this Act is pending in the Federal Court, the Federal Court
may, on the application of a party to the proceeding or of its own motion,
transfer the proceeding to the Family Court.
(2) A proceeding under this Act that is
pending in the Federal Court at the commencement of this section shall not be
transferred to the Family Court unless the parties to the proceeding consent to
the transfer.
(3) Subject to subsection (4), where a
proceeding under this Act is transferred to the Family Court:
(a) the Family Court has jurisdiction
to hear and determine the proceeding;
(b) the Family Court also has
jurisdiction to hear and determine matters not otherwise within its jurisdiction
(whether by virtue of paragraph (a) or otherwise):
(i) that are associated
with matters arising in the proceeding; or
(ii) that, apart from
subsection 32(1) of the Federal Court of Australia Act 1976, the Federal
Court would have had jurisdiction to hear and determine in the proceeding;
(c) the Family Court may, in and in
relation to the proceeding:
(i) grant such remedies;
(ii) make orders of such
kinds; and
(iii) issue, and direct the
issue of, writs of such kinds;
as the Federal Court could have
granted, made, issued or directed the issue of, as the case may be, in and in
relation to the proceeding;
(d) remedies, orders and writs
granted, made or issued by the Family Court in and in relation to the
proceeding have effect, and may be enforced by the Family Court, as if they had
been granted, made or issued by the Federal Court;
(e) appeals lie from judgments of the
Family Court given in and in relation to the proceeding as if the judgments
were judgments of the Federal Court constituted by a single Judge of that
Court, and do not otherwise lie; and
(f) subject to paragraphs (a) to
(e) (inclusive), this Act, the regulations, the Federal Court of Australia
Act 1976, the Federal Court Rules, and other laws of the Commonwealth,
apply in and in relation to the proceeding as if:
(i) a reference to the
Federal Court (other than in the expression “the Court or a Judge”) included a
reference to the Family Court;
(ii) a reference to a Judge
of the Federal Court (other than in the expression “the Court or a Judge”)
included a reference to a Family Court Judge;
(iii) a reference to the
expression “the Court or a Judge” when used in relation to the Federal Court
included a reference to a Family Court Judge sitting in Chambers;
(iv) a reference to a
Registrar of the Federal Court included a reference to a Registrar of the
Family Court; and
(v) any
other necessary changes were made.
(4) Where any
difficulty arises in the application of paragraphs (3)(c), (d) and (f) in
or in relation to a particular proceeding, the Family Court may, on the
application of a party to the proceeding or of its own motion, give such
directions, and make such orders, as it considers appropriate to resolve the
difficulty.
(5) An appeal does not lie from a decision of
the Federal Court in relation to the transfer of a proceeding under this Act to
the Family Court.
19 Act
not to apply in relation to certain decisions
(1) The regulations may declare a class or
classes of decisions to be decisions that are not subject to judicial review by
the Federal Court or the Federal Magistrates Court under this Act.
(2) If a regulation is so made in relation to
a class of decisions:
(a) section 5 does not apply in
relation to a decision included in that class;
(b) section 6 does not apply in
relation to conduct that has been, is being, or is proposed to be, engaged in
for the purpose of making a decision included in that class; and
(c) section 7 does not apply in
relation to a failure to make a decision included in that class;
but the making of the regulation does not affect the
exclusion by section 9 of the jurisdiction of the courts of the States in
relation to such a decision, such conduct or such a failure.
(3) Regulations made for the purposes of subsection (1)
may specify a class of decisions in any way, whether by reference to the nature
or subject‑matter of the decisions, by reference to the enactment or
provision of an enactment under which they are made, by reference to the holder
of the office by whom they are made, or otherwise.
(4) A regulation made in pursuance of subsection (1)
applies only in relation to decisions made after the regulation takes effect.
19A
Act to apply in relation to certain Northern Territory laws
(1) The regulations may declare a law, or a
part of a law, of the Northern Territory, other than a law, or a part of a law,
relating to matters in respect of which the Ministers of the Northern Territory
have executive authority under the Northern Territory (Self‑Government)
Act 1978, to be an enactment for the purposes of this Act.
Note: Because of paragraphs (ca) and (cb) of
the definition of enactment in subsection 3(1), certain laws of
the Northern Territory are enactments without the need for a declaration under
this subsection.
(2) Regulations made for the purposes of this
section have effect notwithstanding anything contained in the law of the Northern
Territory concerned or in any other law of the Northern Territory.
19B
Regulations may amend Schedule 3
The regulations may amend Schedule 3
to include, omit or alter a description of:
(a) an Act of a State, the Australian
Capital Territory or the Northern Territory, or a class of such Acts; or
(b) a part of such an Act or a class
of parts of such Acts.
Note: Schedule 3 identifies Acts of the States,
the Australian Capital Territory and the Northern Territory, and parts of such
Acts, that are enactments for the purposes of this Act.
20
Regulations
The Governor‑General may make
regulations, not inconsistent with this Act, prescribing all matters required
or permitted by this Act to be prescribed by regulations or necessary or
convenient to be prescribed by regulations for carrying out or giving effect to
this Act.
Schedule 1—Classes of decisions that are not decisions to which this
Act applies
Section 3
(a) decisions under
the Conciliation and Arbitration Act 1904, the Workplace Relations
Act 1996 or the Building and Construction Industry Improvement Act 2005;
(c) decisions under
the Coal Industry Act 1946, other than decisions of the Joint Coal
Board;
(d) decisions under
any of the following Acts:
Australian
Security Intelligence Organisation Act 1956
Intelligence
Services Act 2001
Australian
Security Intelligence Organisation Act 1979
Inspector‑General
of Intelligence and Security Act 1986
Telecommunications
(Interception and Access) Act 1979
Telephonic
Communications (Interception) Act 1960;
(daa) decisions of the
Attorney‑General under section 58A, or subsection 581(3), of the Telecommunications
Act 1997;
(dab) decisions of the
Attorney‑General under section 104.2 of the Criminal Code;
(dac) decisions under
Division 105 of the Criminal Code;
(da) a privative
clause decision within the meaning of subsection 474(2) of the Migration Act
1958;
(db) a purported
privative clause decision within the meaning of section 5E of the Migration
Act 1958;
(e) decisions
making, or forming part of the process of making, or leading up to the making
of, assessments or calculations of tax, charge or duty, or decisions
disallowing objections to assessments or calculations of tax, charge or duty,
or decisions amending, or refusing to amend, assessments or calculations of
tax, charge or duty, under any of the following Acts:
A
New Tax System (Goods and Services Tax) Act 1999
A
New Tax System (Luxury Car Tax) Act 1999
A
New Tax System (Wine Equalisation Tax) Act 1999
Customs
Act 1901
Customs
Tariff Act 1995
Excise
Act 1901
Fringe
Benefits Tax Assessment Act 1986
Fuel
Tax Act 2006
Income
Tax Assessment Act 1936
Income
Tax Assessment Act 1997
Petroleum
Resource Rent Tax Assessment Act 1987
Superannuation
Guarantee (Administration) Act 1992
Taxation
Administration Act 1953, but only so
far as the decisions are made under Part 3‑10 in Schedule 1 to
that Act
Training
Guarantee (Administration) Act 1990
Trust
Recoupment Tax Assessment Act 1985;
(ea) decisions of the
Commissioner of Taxation under Subdivision B (except subsection 222AGF(3)) of
Division 8 of Part VI of the Income Tax Assessment Act 1936;
Note: Subdivision B deals
with the making, reduction and revocation of estimates of certain liabilities.
(f) decisions of the
Commissioner of Taxation under subsection 3E(1), 3G(1) or 3H(1) of the Taxation
Administration Act 1953;
(g) decisions under
Part IV of the Taxation Administration Act 1953;
(ga) decisions under
section 14ZY of the Taxation Administration Act 1953 disallowing
objections to assessments or calculations of tax, charge or duty;
(gb) decisions making,
or forming part of the process of making, or leading up to the making of,
assessments under Division 2 of Part 5 of the Renewable Energy
(Electricity) Act 2000 or decisions disallowing objections to such
assessments or decisions amending or refusing to amend such assessments;
(h) decisions under
the Foreign Acquisitions and Takeovers Act 1975;
(ha) decisions of the
Minister under Division 1 of Part 7.4 of the Corporations Act 2001;
(hb) decisions of the
SEGC under Part 7.5 of the Corporations Act 2001;
(hc) decisions under Division 3 of
Part VC of the Insurance Act 1973, except so far as they relate to
either of the following matters:
(i) whether persons are covered by
determinations under section 62ZZ of that Act;
(ii) determinations under subsection
62ZZJ(2) of that Act;
(hd) decisions under Subdivision C of
Division 2AA of Part II of the Banking Act 1959, except so far
as they relate to whether account‑holders have protected accounts with
ADIs;
(j) decisions, or
decisions included in a class of decisions, under the Banking (Foreign
Exchange) Regulations in respect of which the Treasurer has certified, by
instrument in writing, that the decision or any decision included in the class,
as the case may be, is a decision giving effect to the foreign investment
policy of the Commonwealth Government;
(l) decisions of
the National Workplace Relations Consultative Council;
(o) decisions under
the Defence Force Discipline Act 1982;
(p) decisions under
section 42 of the Customs Act 1901 to require and take securities
in respect of duty that may be payable under the Customs Tariff (Anti‑Dumping)
Act 1975;
(q) decisions under
subsection 25(1) or Part IIIA of the Commonwealth Electoral Act 1918;
(qa) decisions under section 176
or 248 of the Anti‑Money Laundering and Counter‑Terrorism
Financing Act 2006;
(r) decisions under
the Extradition Act 1988;
(s) determinations
made by the Child Support Registrar under Part 6A of the Child Support
(Assessment) Act 1989;
(t) decisions under
an enactment of Qantas Airways Limited or a company that is a subsidiary of
that company;
(u) decisions of
Snowy Mountains Engineering Corporation Limited or a body corporate that is a
subsidiary of that body corporate;
(v) decisions of CSL
Limited or a company that is a subsidiary of that company;
(va) decisions of
Telstra Corporation Limited or a company that is a subsidiary of that company;
(w) decisions under
the Witness Protection Act 1994;
(x) decisions under
subsection 60A(2B) of the Australian Federal Police Act 1979;
(xa) decisions to
prosecute persons for any offence against a law of the Commonwealth, a State or
a Territory;
Note: An application under this Act in relation to
other criminal justice process decisions cannot be heard or determined in
certain circumstances: see section 9A.
(xb) decisions of the
Attorney‑General under Part II or III of the Transfer of
Prisoners Act 1983 refusing applications or requests, or refusing to give
consent, on the ground that, or on grounds that include the ground that,
refusal is necessary in the interests of security (within the meaning of that
Act);
(xc) decisions of the
Attorney‑General under Part IV of the Transfer of Prisoners Act
1983;
(y) decisions of the
Administrative Appeals Tribunal (other than decisions made on review of
decisions of the Australian Archives) made on a review that is required by the Administrative
Appeals Tribunal Act 1975 to be conducted by the Security Appeals Division
of that Tribunal;
(ya) decisions of the
DPP or an approved examiner under Part 3‑1 of the Proceeds of
Crime Act 2002;
(za) decisions under
Part VIIIB of the Judiciary Act 1903 (which relates to the
Australian Government Solicitor);
(zb) decisions of
Snowy Hydro Limited or a body corporate that is a subsidiary of Snowy Hydro
Limited;
(zc) a nomination
under section 3A or a decision under section 3C or 7 of the Commonwealth
Radioactive Waste Management Act 2005.
Schedule 2—Classes of decisions that are not decisions to which section 13
applies
Section 13
(a) decisions in connection with, or made in
the course of, redress of grievances, or redress of wrongs, with respect to
members of the Defence Force;
(b) decisions in
connection with personnel management (including recruitment, training,
promotion and organization) with respect to the Defence Force, including
decisions relating to particular persons;
(c) decisions under
any of the following Acts:
Consular
Privileges and Immunities Act 1972
Diplomatic
Privileges and Immunities Act 1967
International
Organisations (Privileges and Immunities) Act 1963;
(d) decisions under
the Migration Act 1958, being:
(i) decisions under section 11Q,
other than:
(A) a decision relating to a
person who, at the time of the decision, was, within the meaning of that Act,
the holder of a valid visa; or
(B) a decision relating to a
person who, having entered Australia within the meaning of that Act, was in Australia
at the time of the decision;
(ii) decisions in connection with the
issue or cancellation of visas;
(iii) decisions whether a person is a
person referred to in paragraph (b) of the definition of exempt non‑citizen
in subsection 5(1) of that Act; or
(iv) decisions relating to a person
who, having entered Australia, within the meaning of that Act, as a diplomatic
or consular representative of another country, a member of the staff of such a
representative or the spouse or a dependent relative of such a representative,
was in Australia at the time of the decision;
(da) decisions of the
Attorney‑General to give:
(i) notice under section 6A of
the National Security Information (Criminal and Civil Proceedings) Act 2004;
or
(ii) a certificate under section 26,
28, 38F or 38H of that Act;
(db) decisions
of the Minister appointed by the Attorney‑General under section 6A
of the National Security Information (Criminal and Civil Proceedings) Act
2004 to give:
(i) notice under section 6A of
that Act; or
(ii) a certificate under section 38F
or 38H of that Act;
(e) decisions
relating to the administration of criminal justice, and, in particular:
(i) decisions in connection with the
investigation, committal for trial or prosecution of persons for any offences
against a law of the Commonwealth or of a Territory;
(ii) decisions in connection with the
appointment of investigators or inspectors for the purposes of such
investigations;
(iii) decisions in connection with the
issue of warrants, including search warrants and seizure warrants, under a law
of the Commonwealth or of a Territory;
(iv) decisions under a law of the
Commonwealth or of a Territory requiring the production of documents, the
giving of information or the summoning of persons as witnesses;
(v) decisions in connection with an
appeal (including an application for a new trial or a proceeding to review or
call in question the proceedings, decision or jurisdiction of a court or judge)
arising out of the prosecution of persons for any offences against a law of the
Commonwealth or of a Territory;
(eaa) decisions under
the Law Enforcement Integrity Commissioner Act 2006 being:
(i) decisions in connection with a
corruption investigation (within the meaning of that Act); or
(ii) decisions in connection with a
public inquiry (within the meaning of that Act);
(ea) decisions under
the Australian Crime Commission Act 2002 being:
(i) decisions in connection with
intelligence operations; or
(ii) decisions in connection with
investigations of State offences that have a federal aspect;
(f) decisions in
connection with the institution or conduct of proceedings in a civil court,
including decisions that relate to, or may result in, the bringing of such
proceedings for the recovery of pecuniary penalties arising from contraventions
of enactments, and, in particular:
(i) decisions in connection with the
investigation of persons for such contraventions;
(ii) decisions in connection with the
appointment of investigators or inspectors for the purposes of such
investigations;
(iii) decisions in connection with the
issue of search warrants or seizure warrants issued under Division 1 of
Part XII of the Customs Act 1901 under enactments; and
(iv) decisions under enactments
requiring the production of documents, the giving of information or the
summoning of persons as witnesses;
(g) decisions of the
Minister for Finance to issue sums out of the Consolidated Revenue Fund under
an Act to appropriate moneys out of that Fund for the service of, or for expenditure
in respect of, any year;
(h) decisions under
section 27 of the Financial Management and Accountability Act 1997;
(i) decisions of
the Commonwealth Grants Commission relating to the allocation of funds;
(j) decisions of
any of the following Tribunals:
Academic
Salaries Tribunal
Defence
Force Remuneration Tribunal
Federal
Police Arbitral Tribunal
Remuneration
Tribunal;
(k) decisions of any
of the following authorities in respect of their commercial activities:
Australian
Honey Board
Australian
Industry Development Corporation
Australian
Meat and Live‑stock Corporation
Australian
Wheat Board
Australian
Wool Corporation
Canberra Commercial Development Authority
Christmas
Island Phosphate Commission
Indigenous
Business Australia;
(l) decisions of
the Reserve Bank in connection with its banking operations (including
individual open market operations and foreign exchange dealings);
(m) decisions in
connection with the enforcement of judgments or orders for the recovery of
moneys by the Commonwealth or by an officer of the Commonwealth;
(o) decisions of the
National Director of the Commonwealth Employment Service made on behalf of that
Service to refer, or not to refer, particular clients to particular employers;
(p) decisions under
the Civil Aviation Act 1988 that:
(i) relate to aircraft design, the
construction or maintenance of aircraft or the safe operation of aircraft or
otherwise relate to aviation safety; and
(ii) arise out of findings on
material questions of fact based on evidence, or other material:
(A) that was supplied in
confidence; or
(B) the publication of which
would reveal information that is a trade secret;
(q) decisions in
connection with personnel management (including recruitment, training,
promotion and organization) with respect to the Australian Public Service or
any other Service established by an enactment or the staff of a Commonwealth
authority, other than a decision relating to, and having regard to the
particular characteristics of, or other circumstances relating to, a particular
person;
(r) decisions
relating to assignment of duties, voluntary moves between Agencies, compulsory
moves between Agencies, promotions or decisions of Promotion Review Committees,
of or by individual APS employees;
(t) decisions
relating to:
(i) the making of appointments in the
Australian Public Service or any other Service established by an enactment or
to the staff of a Commonwealth authority;
(ii) the engagement of persons as
employees under the Public Service Act 1999 or under any other enactment
that establishes a Service or by a Commonwealth authority; or
(iii) the making of appointments under
an enactment or to an office established by, or under, an enactment;
(u) decisions in
connection with industrial matters, in respect of the Australian Public Service
or any other Service established by an enactment or the staff of a Commonwealth
authority;
(w) decisions
relating to the making or terminating of appointments of Secretaries under the Public
Service Act 1999;
(y) decisions relating
to:
(i) engaging, or terminating
engagements of, consultants; or
(ii) employing, or terminating the
employment of, staff;
under the Members of Parliament (Staff) Act 1984;
(z) decisions under
section 28, 40F or 40H of the Australian Federal Police Act 1979;
(zb) decisions
relating to the activities of the Export Finance and Insurance Corporation
under Part 4 or 5 of the Export Finance and Insurance Corporation Act
1991;
(zc) decisions of the
Minister for Foreign Affairs under Part 8B of the Broadcasting Services
Act 1992 (for this purpose, Minister for Foreign Affairs has
the same meaning as in that Act).
Schedule 3—State, ACT and NT Acts, and parts of such Acts, that are
enactments for the purposes of this Act
Note: See paragraphs (ca) and (cb) of the
definition of enactment in subsection 3(1).
1 What
this Schedule does
This Schedule describes Acts of the
States, the Australian Capital Territory and the Northern Territory, and parts
of such Acts, that are enactments for the purposes of this Act.
Note: This Schedule can be amended by the
regulations (see section 19B).
2
State, ACT and NT Acts, and parts of such Acts, that are enactments
The following are enactments for the
purposes of this Act:
(a) an Act of a State, the Australian
Capital Territory or the Northern Territory that applies, as a law of the State
or Territory, the Code set out in the Schedule to the Agricultural and
Veterinary Chemicals Code Act 1994 of the Commonwealth;
(d) the National Gas Law set out in
the Schedule to the National Gas (South Australia) Act 2008
of South Australia as in force from time to time, as that Law applies as a law
of South Australia;
(daa) if an Act of another State or of
the Australian Capital Territory or the Northern Territory applies the National
Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008
of South Australia, as in force from time to time, as a law of that other State
or of that Territory—the National Gas Law as so applied;
(dab) the National Gas Access (Western
Australia) Law (within the meaning of the National Gas Access (Western
Australia) Act 2008 of Western Australia) as in force from time to time, as
that Law applies as a law of Western Australia;
(da) the National Electricity (South
Australia) Act 1996 of South Australia, or an Act of another State or of
the Australian Capital Territory or the Northern Territory that applies the
Schedule to that South Australian Act as a law of that other State or of that
Territory;
(e) an
Act of a State, the Australian Capital Territory or the Northern Territory that
applies, as a law of the State or Territory, the text set out in Part 1 of
the Schedule to the Trade Practices Act 1974 of the Commonwealth (which
forms part of what is commonly known as the Competition Code);
(f) an Act of a State, the Australian
Capital Territory or the Northern Territory that applies, as a law of the State
or Territory, the text set out in Part 2 of the Schedule to the Trade
Practices Act 1974 of the Commonwealth (which forms part of what is
commonly known as the New Tax System Price Exploitation Code);
(g) the Petroleum (Submerged Lands)
Act 1982 of Victoria;
(h) the Petroleum (Submerged Lands)
Act 1982 of Queensland;
(i) the Petroleum (Submerged
Lands) Act 1982 of Tasmania;
(j) the Petroleum (Submerged
Lands) Act of the Northern Territory.
Notes to
the Administrative Decisions (Judicial
Review) Act 1977
Note 1
The Administrative Decisions (Judicial Review) Act 1977
as shown in this compilation
comprises Act No. 59, 1977 amended as indicated in the Tables below.
The operation of the Administrative Decisions (Judicial
Review) Act 1977 is affected by section 40 of the Archives Act 1983.
The Administrative Decisions (Judicial Review) Act 1977
was amended by the Administrative Decisions (Judicial Review) Regulations
(Statutory Rules 1981 No. 274). These Regulations were disallowed by the
Senate on 23 March 1982.
The Administrative Decisions (Judicial Review) Act 1977 was
amended by the Public Employment (Consequential and Transitional)
Regulations 1999 (Statutory Rules 1999 No. 301 as amended by Statutory
Rules 2000 No. 332) and the Workplace Relations Amendment (Work
Choices) (Consequential Amendments) Regulations 2006 (No. 1) (SLI 2006
No. 50). The amendments are incorporated in this compilation.
For application, saving or transitional provisions made by the
Corporations (Repeals, Consequentials and Transitionals) Act 2001, see
Act No. 55, 2001.
All relevant information pertaining to application, saving or
transitional provisions prior to 22 September 1999 is not included in this
compilation. For subsequent
information see Table A.
Table of Acts
|
Act
|
Number
and year
|
Date
of Assent
|
Date of commencement
|
Application, saving or transitional provisions
|
|
Administrative Decisions (Judicial Review) Act 1977
|
59, 1977
|
16 June 1977
|
1 Oct 1980 (see Gazette 1980, No. S210)
|
|
|
Administrative Decisions (Judicial Review) Amendment
Act 1978
|
66, 1978
|
22 June 1978
|
1 Oct 1980 (see
s. 2 and Gazette 1980, No. S210)
|
—
|
|
Administrative Decisions (Judicial Review) Amendment
Act 1980
|
111, 1980
|
1 Sept 1980
|
1 Oct 1980 (see
s. 2 and Gazette 1980, No. S210)
|
—
|
|
Public Service Acts Amendment Act 1982
|
111, 1982
|
5 Nov 1982
|
S. 89: 22 Dec 1984 (see Gazette 1984, No. S539) (a)
|
—
|
|
Customs Tariff (Miscellaneous Amendments) Act 1982
|
115, 1982
|
22 Nov 1982
|
Ss. 1, 2, 7 and 8(1): Royal Assent
Remainder: 1 Jan 1983 (see s. 2(2) and Gazette 1982, No. S274,
p. 3)
|
S. 4(2)
|
|
Taxation (Unpaid Company Tax) (Consequential
Amendments) Act 1982
|
122, 1982
|
13 Dec 1982
|
13 Dec 1982 (see s. 2)
|
—
|
|
Customs Securities (Anti‑Dumping) Amendment Act
1982
|
137, 1982
|
23 Dec 1982
|
24 Nov 1982
|
S. 6(2)
|
|
Administrative Decisions (Judicial Review) Amendment
Act 1982
|
140, 1982
|
31 Dec 1982
|
31 Dec 1982 (see s. 2)
|
—
|
|
Defence Force (Miscellaneous Provisions) Act 1982
|
153, 1982
|
31 Dec 1982
|
3 July 1985 (see
s. 2 and Gazette 1985, No. S255)
|
S. 95
|
|
Ombudsman (Miscellaneous Amendments) Act 1983
|
62, 1983
|
12 Oct 1983
|
Part IV (ss. 30, 31): 5 Dec 1983 (see
s. 2(2) and Gazette 1983, No. S305)
Remainder: 12 Oct 1983 (see s. 2(1))
|
—
|
|
Commonwealth Electoral Legislation Amendment Act 1983
|
144, 1983
|
22 Dec 1983
|
21 Feb 1984 (see Gazette 1984, No. S62)
|
—
|
|
Commonwealth Banks Amendment Act 1984
|
76, 1984
|
25 June 1984
|
29 June 1984 (see Gazette 1984, No. S241)
|
—
|
|
Egg Export Legislation Repeal Act 1984
|
159, 1984
|
25 Oct 1984
|
1 Jan 1985
|
—
|
|
Defence Legislation Amendment Act 1984
|
164, 1984
|
25 Oct 1984
|
Part XIV (ss. 115, 116): Royal Assent (b)
|
—
|
|
Trust Recoupment Tax (Consequential Amendments) Act
1985
|
4, 1985
|
29 Mar 1985
|
5 Apr 1985 (see s. 2)
|
—
|
|
Sales Tax Laws Amendment Act 1985
|
47, 1985
|
30 May 1985
|
Ss. 3, 4(2), 11, 12 and Part XI
(ss. 54–56): 21 Aug 1981
Ss. 5, 18, 20, 22, 24, 28(2), 39, 40, 45, 48, 50, 51 and 53: 10 May 1985
(see s. 2(3))
Remainder: Royal Assent
|
S. 2(4) and (5)
|
|
Statute Law (Miscellaneous Provisions) Act (No. 1)
1985
|
65, 1985
|
5 June 1985
|
S. 3: (c)
|
—
|
|
Fringe Benefits Tax (Miscellaneous Provisions) Act 1986
|
41, 1986
|
24 June 1986
|
24 June 1986 (see s. 2(1))
|
S. 2(2)
|
|
Statute Law (Miscellaneous Provisions) Act (No. 1)
1986
|
76, 1986
|
24 June 1986
|
S. 3: Royal Assent (d)
|
S. 9
|
|
Intelligence and Security (Consequential Amendments)
Act 1986
|
102, 1986
|
17 Oct 1986
|
1 Feb 1987 (see
s. 2 and Gazette 1987, No. S13)
|
—
|
|
Taxation Laws Amendment Act (No. 3) 1986
|
112, 1986
|
4 Nov 1986
|
4 Nov 1986
|
S. 4(2)
|
|
Public Service Legislation (Streamlining) Act 1986
|
153, 1986
|
18 Dec 1986
|
Ss. 1–3, 103, 126, 130, 132 and 134: Royal Assent
Ss. 20, 22(2), 36, 38–41, 44, 45(1), (3), 46, 102, 105, 110 and 112: 14 June
1987 (see Gazette 1987, No. S125)
Ss. 43, 45(2),
70–76, 78, 87, 113, 115, 116, 122(2), 123, 125, 129 and 131: 20 July
1987 (see Gazette 1987, No. S178)
Remainder: 15 Jan 1987
|
—
|
|
Taxation Laws Amendment Act (No. 2) 1987
|
62, 1987
|
5 June 1987
|
S. 56: 1 July 1987 (see Gazette 1987, No.
S131) (e)
|
—
|
|
Customs Tariff (Miscellaneous Amendments) Act 1987
|
76, 1987
|
5 June 1987
|
1 Jan 1988 (see
s. 2 and Gazette 1987, No. S351)
|
S. 10(1)
|
|
Statute Law (Miscellaneous Provisions) Act 1987
|
141, 1987
|
18 Dec 1987
|
S. 3: Royal Assent (f)
|
S. 5(1)
|
|
Petroleum Resource Rent Tax (Miscellaneous Provisions)
Act 1987
|
145, 1987
|
18 Dec 1988
|
15 Jan 1988 (see s. 2)
|
—
|
|
Extradition (Repeal and Consequential Provisions) Act
1988
|
5, 1988
|
9 Mar 1988
|
1 Dec 1988 (see s. 2(1) and Gazette 1988,
No. S366)
|
S. 7(1)
|
|
Family Court of Australia (Additional Jurisdiction and
Exercise of Powers) Act 1988
|
8, 1988
|
5 Apr 1988
|
Ss. 1–11, 12(b), (c), (e), (f), 13–21, 27, 29 and 30:
Royal Assent
S. 12(a) and (d): 1 Jan 1990
Remainder: 1 July 1988 (see Gazette 1988, No. S191)
|
—
|
|
as amended by
|
|
|
|
|
|
Law and Justice Legislation Amendment Act 1988
|
120, 1988
|
14 Dec 1988
|
Part XI (ss. 34, 35): 5 Apr 1988 (g)
|
—
|
|
Civil Aviation Act 1988
|
63, 1988
|
15 June 1988
|
Part III (ss. 17–32), s. 98, Part IX
(s. 99) and Part X (ss. 100–103): 1 July 1988 (see Gazette 1988,
No. S189)
Remainder: Royal Assent
|
Ss. 100(1)–(3) and 102(1)
|
|
Industrial Relations (Consequential Provisions) Act
1988
|
87, 1988
|
8 Nov 1988
|
Ss. 1 and 2: Royal Assent
Remainder: 1 Mar 1989 (see s. 2(2) and Gazette 1989, No. S53)
|
—
|
|
A.C.T. Self‑Government (Consequential Provisions)
Act 1988
|
109, 1988
|
6 Dec 1988
|
S. 32: 11 May 1989 (see Gazette 1989, No.
S164) (h)
|
S. 26
|
|
Primary Industries and Energy Legislation Amendment Act
1988
|
111, 1988
|
12 Dec 1988
|
S. 3: 1 Jan 1989 (i)
|
—
|
|
ANL (Conversion into Public Company) Act 1988
|
127, 1988
|
14 Dec 1988
|
S. 11: 1 July 1989 (see Gazette 1989, No.
S210) (j)
|
—
|
|
Foreign Takeovers Amendment Act 1989
|
14, 1989
|
13 Apr 1989
|
1 Aug 1989 (see Gazette 1989, No. S240)
|
S. 32(1)
|
|
Taxation Laws Amendment Act (No. 3) 1989
|
107, 1989
|
30 June 1989
|
Part 6 (ss. 29, 30): 24 Nov 1988 (see s. 2(2))
Remainder: Royal Assent
|
—
|
|
Aboriginal and Torres Strait Islander Commission Act
1989
|
150, 1989
|
27 Nov 1989
|
5 Mar 1990 (see Gazette 1990, No. S48)
|
—
|
|
Australian Federal Police Legislation Amendment Act
(No. 2) 1989
|
153, 1989
|
17 Dec 1989
|
S. 72: 1 Jan 1990 (see Gazette 1989, No. S397)
(k)
|
—
|
|
Migration Legislation Amendment (Consequential
Amendments) Act 1989
|
159, 1989
|
18 Dec 1989
|
S. 4: 19 Dec 1989 (l)
|
—
|
|
Training Guarantee (Administration) Act 1990
|
60, 1990
|
16 June 1990
|
S. 43 and Part 10 (ss. 88–95): 31 Oct 1990 (see Gazette 1990, No. S272)
Remainder: 1 July 1990
|
—
|
|
Commonwealth Serum Laboratories (Conversion into Public
Company) Act 1990
|
77, 1990
|
22 Oct 1990
|
S. 17: 1 Apr 1991 (see Gazette 1991, No. S75)
(m)
|
—
|
|
Commonwealth Banks Restructuring Act 1990
|
118, 1990
|
28 Dec 1990
|
S. 62 (in part): 17 Apr 1991 (see Gazette 1991, No. S72) (n)
|
—
|
|
Export Finance and Insurance Corporation (Transitional
Provisions and Consequential Amendments) Act 1991
|
149, 1991
|
21 Oct 1991
|
1 Nov 1991
|
—
|
|
Taxation Laws Amendment Act (No. 3) 1991
|
216, 1991
|
24 Dec 1991
|
S. 113: 1 Mar 1992 (see Gazette 1992, No. GN7)
(o)
|
—
|
|
Superannuation Guarantee (Consequential Amendments) Act
1992
|
92, 1992
|
30 June 1992
|
1 July 1992
|
—
|
|
Child Support Legislation Amendment Act (No. 2)
1992
|
151, 1992
|
11 Dec 1992
|
Ss. 6, 7, 10, 11 and 14–20: 1 July 1993
Ss. 34, 36 and 41: 1 Jan 1993
Ss. 37 and 39: 1 June 1988
Remainder: Royal Assent
|
—
|
|
Qantas Sale Act 1992
|
196, 1992
|
21 Dec 1992
|
Schedule (Part 2): 10 Mar 1993 (see Gazette 1993, No. GN17) (p)
|
S. 2(6) (am. by 60, 1993,
s. 4; 168, 1994, Sch. [item 17])
|
|
as amended by
|
|
|
|
|
|
Qantas Sale Amendment Act 1993
|
60, 1993
|
3 Nov 1993
|
10 Mar 1993
|
—
|
|
Qantas Sale Amendment Act 1994
|
168, 1994
|
16 Dec 1993
|
Schedule (item 17): Royal Assent (q)
|
—
|
|
Insolvency (Tax Priorities) Legislation Amendment Act
1993
|
32, 1993
|
16 June 1993
|
Ss. 6, 7, 9, 11, 13, 15 and Part 5 (ss. 29,
30): 1 June 1993
Part 4 (ss. 20–28): 1 July 1993
Remainder: Royal Assent
|
—
|
|
Snowy Mountains Engineering Corporation Limited Sale
Act 1993
|
54, 1993
|
27 Oct 1993
|
S. 44: 9 Nov 1993 (see Gazette 1993, No. S334)
(r)
|
—
|
|
CSL Sale Act 1993
|
88, 1993
|
30 Nov 1993
|
Part 1 (ss. 1–4),
ss. 7 and 47: Royal Assent
Ss. 5 and 6: 22 Feb 1991
Remainder: 3 June 1994 (see Gazette 1994, No. S209)
|
—
|
|
Witness Protection Act 1994
|
124, 1994
|
18 Oct 1994
|
18 Apr 1995
|
—
|
|
Customs, Excise and Bounty Legislation Amendment Act
1995
|
85, 1995
|
1 July 1995
|
S. 20: Royal Assent
Schedule 10 (items 1, 2): 1 July 1995 (s)
|
S. 20
|
|
ANL Sale Act 1995
|
136, 1995
|
5 Dec 1995
|
(t)
|
—
|
|
Commonwealth Bank Sale Act 1995
|
161, 1995
|
16 Dec 1995
|
Schedule (item 1): (u)
|
—
|
|
Law and Justice Legislation Amendment Act (No. 1)
1995
|
175, 1995
|
16 Dec 1995
|
16 Dec 1995
|
—
|
|
Customs Tariff (Miscellaneous Amendments) Act 1996
|
15, 1996
|
24 June 1996
|
1 July 1996 (v)
|
—
|
|
Statute Law Revision Act 1996
|
43, 1996
|
25 Oct 1996
|
Schedule 2 (items 8–13): (w)
Schedule 5 (items 7–9): Royal Assent (w)
|
—
|
|
Bankruptcy Legislation Amendment Act 1996
|
44, 1996
|
25 Oct 1996
|
Schedule 1 (item 1): 16 Dec 1996 (see Gazette 1996, No. GN49) (x)
|
—
|
|
Workplace Relations and Other Legislation Amendment Act
1996
|
60, 1996
|
25 Nov 1996
|
Schedule 19 (item 3): Royal Assent (y)
|
—
|
|
Income Tax (Consequential Amendments) Act 1997
|
39, 1997
|
17 Apr 1997
|
1 July 1997
|
—
|
|
as amended by
|
|
|
|
|
|
Taxation Laws Amendment Act (No. 1) 1998
|
16, 1998
|
16 Apr 1998
|
Schedule 8 (item 3): (z)
|
—
|
|
AIDC Sale Act 1997
|
67, 1997
|
5 June 1997
|
Schedule 2 (item 1): [see (za)
and Note 2]
|
—
|
|
Australian National Railways Commission Sale Act 1997
|
96, 1997
|
30 June 1997
|
Schedule 4 (item 1): 1 Nov 2000 (see Gazette 2000, No. S562) (zb)
|
—
|
|
Foreign Affairs and Trade Legislation Amendment Act
1997
|
150, 1997
|
17 Oct 1997
|
Schedule 2 (item 1): Royal Assent (zc)
|
—
|
|
Audit (Transitional and Miscellaneous) Amendment Act
1997
|
152, 1997
|
24 Oct 1997
|
Schedule 2 (item 141): 1 Jan 1998 (see Gazette 1997, No. GN49) (zd)
|
—
|
|
Snowy Hydro Corporatisation (Consequential Amendments)
Act 1997
|
177, 1997
|
21 Nov 1997
|
28 June 2002 (see s. 2 and Gazette
2002, No. S216)
|
—
|
|
Judiciary Amendment Act 1999
|
7, 1999
|
31 Mar 1999
|
Schedules 1–3: 1 Sept 1999 (see Gazette 1999, No. S395)
Remainder: Royal Assent
|
—
|
|
Statute Stocktake Act 1999
|
118, 1999
|
22 Sept 1999
|
22 Sept 1999
|
Sch. 2 (item 20) [see
Table A]
|
|
Public Employment (Consequential and Transitional) Amendment
Act 1999
|
146, 1999
|
11 Nov 1999
|
Schedule 1 (items 50–53): 5 Dec 1999 (see Gazette 1999, No. S584) (ze)
|
—
|
|
Australian Security Intelligence Organisation
Legislation Amendment Act 1999
|
161, 1999
|
10 Dec 1999
|
Schedule 3 (items 1, 16): (zf)
|
—
|
|
A New Tax System (Indirect Tax and Consequential
Amendments) Act 1999
|
176, 1999
|
22 Dec 1999
|
Schedule 8 (items 1, 2): (zg)
|
—
|
|
as amended by
|
|
|
|
|
|
Taxation Laws Amendment Act (No. 8) 2000
|
156, 2000
|
21 Dec 2000
|
Schedule 7 (item 8): (zh)
|
—
|
|
Federal Magistrates (Consequential Amendments) Act 1999
|
194, 1999
|
23 Dec 1999
|
Schedule 4: 23 Dec 1999 (zi)
|
Sch.
4 (item 72) [see Table A]
|
|
Australian Federal Police Legislation Amendment Act
2000
|
9, 2000
|
7 Mar 2000
|
2 July 2000 (see Gazette 2000, No. S328)
|
Sch.
3 (items 20, 21, 34, 35) [see Table A]
|
|
Jurisdiction of Courts Legislation Amendment Act 2000
|
57, 2000
|
30 May 2000
|
Schedule 1 (items 3–27):
1 July 2000 (see Gazette 2000, No. GN25) (zj)
Schedule 2 (items 1–5, 16): Royal Assent (zj)
|
Sch.
1 (item 27) and Sch. 2 (item 16) [see Table A]
|
|
Jurisdiction of Courts (Miscellaneous Amendments) Act
2000
|
161, 2000
|
21 Dec 2000
|
21 Dec 2000
|
Sch.
1 (items 16, 17) [see Table A]
|
|
Broadcasting Services Amendment Act 2000
|
172, 2000
|
21 Dec 2000
|
Schedule 1 (item 1):
Royal Assent (zk)
|
—
|
|
Corporations (Repeals, Consequentials and
Transitionals) Act 2001
|
55, 2001
|
28 June 2001
|
Ss. 4–14 and Schedule 3
(items 13–15): 15 July 2001 (see Gazette 2001, No. S285) (zl)
|
Ss.
4–14 [see Note 1]
|
|
Financial Services Reform (Consequential Provisions)
Act 2001
|
123, 2001
|
27 Sept 2001
|
Schedule 1 (item 1):
11 Mar 2002 (see Gazette 2001, No. GN42) (zm)
|
—
|
|
Migration Legislation Amendment (Judicial Review) Act
2001
|
134, 2001
|
27 Sept 2001
|
Schedule 1: 2 Oct
2001 (see Gazette 2001, No. S406)
Remainder: Royal Assent
|
Sch.
1 (item
8(1)–(3)) [see Table A]
|
|
Intelligence Services (Consequential Provisions) Act
2001
|
153, 2001
|
1 Oct 2001
|
29 Oct 2001 (see s. 2)
|
S.
4 [see Table A]
|
|
Jurisdiction of the Federal Magistrates Service
Legislation Amendment Act 2001
|
157, 2001
|
1 Oct 2001
|
Schedule 2 (items 2–5,
6(2)): Royal Assent (zn)
|
Sch.
2 (item 6(2)) [see Table A]
|
|
Proceeds of Crime (Consequential Amendments and
Transitional Provisions) Act 2002
|
86, 2002
|
11 Oct 2002
|
Ss. 1–3: Royal Assent
Remainder: 1 Jan 2003 (see s. 2(1) and Gazette 2002, No. GN44)
|
—
|
|
Workplace Relations Legislation Amendment Act 2002
|
127, 2002
|
11 Dec 2002
|
Schedule 2 (item 17):
Royal Assent
|
—
|
|
Dairy Industry Service Reform Act 2003
|
32, 2003
|
15 Apr 2003
|
Schedule 1: 1 July
2003 (see Gazette 2003, No. S228)
Remainder: Royal Assent
|
Sch.
1 (items
127–129) [see Table A]
|
|
Australian Crime Commission Amendment Act 2004
|
30, 2004
|
2 Apr 2004
|
Schedule 2 (item 1):
Royal Assent
|
—
|
|
Communications Legislation Amendment Act (No. 1)
2004
|
35, 2004
|
20 Apr 2004
|
21 Apr 2004
|
—
|
|
Law and Justice Legislation Amendment Act 2004
|
62, 2004
|
26 May 2004
|
Schedule 1 (item 2):
(zo)
Schedule 1 (items 3, 4): 27 May 2004
|
—
|
|
Trade Practices Amendment (Australian Energy Market)
Act 2004
|
108, 2004
|
30 June 2004
|
Schedules 1 and 2: 23 May 2005 (see F2005L01121)
Remainder: Royal Assent
|
—
|
|
Anti‑terrorism Act (No. 2) 2004
|
124, 2004
|
16 Aug 2004
|
Schedule 3: 17 Aug 2004
Remainder: Royal Assent
|
—
|
|
National Security Information (Criminal Proceedings)
(Consequential Amendments) Act 2004
|
151, 2004
|
14 Dec 2004
|
Schedules 1 and 2: (zp)
Remainder: Royal Assent
|
—
|
|
National Security Information Legislation Amendment Act
2005
|
89, 2005
|
6 July 2005
|
Schedule 1: 3 Aug 2005
Remainder: Royal Assent
|
—
|
|
Statute Law Revision Act 2005
|
100, 2005
|
6 July 2005
|
Schedule 1 (item 1):
Royal Assent
|
—
|
|
Human Services Legislation Amendment Act 2005
|
111, 2005
|
6 Sept 2005
|
Schedule 2 (items 80,
728): 1 Oct 2005
|
Sch.
2 (item 728) [see Table A]
|
|
Building and Construction Industry Improvement
(Consequential and Transitional) Act 2005
|
112, 2005
|
12 Sept 2005
|
Schedule 2 (item 1):
Royal Assent
|
—
|
|
Telstra (Transition to Full Private Ownership) Act 2005
|
118, 2005
|
23 Sept 2005
|
S. 3: Royal Assent
Schedule 1 (item 41): 24 Nov 2006 (see s. 3(1) and
F2006L03997)
|
S.
3 [see Table A]
|
|
Migration Litigation Reform Act 2005
|
137, 2005
|
15 Nov 2005
|
Schedule 1: 1 Dec 2005 (see F2005L03684)
Remainder: Royal Assent
|
Sch.
1 (items
40–42) [see Table A]
|
|
Anti‑Terrorism Act (No. 2) 2005
|
144, 2005
|
14 Dec 2005
|
S. 4: Royal Assent
Schedule 4 (item 25): 15 Dec 2005
|
S.
4 [see Table A]
|
|
Commonwealth Radioactive Waste Management (Related
Amendments) Act 2005
|
146, 2005
|
14 Dec 2005
|
Schedule 1 (item 1):
15 Dec 2005 (see s. 2(1))
|
—
|
|
Australian Sports Anti‑Doping Authority (Consequential and Transitional Provisions)
Act 2006
|
7, 2006
|
7 Mar 2006
|
Schedule 1 (item 1):
13 Mar 2006 (see s. 2(1) and F2006L00764)
|
—
|
|
Offshore Petroleum (Repeals and Consequential
Amendments) Act 2006
|
17, 2006
|
29 Mar 2006
|
Schedule 2 (item 1):
1 July 2008 (see s. 2(1) and F2008L02273)
|
—
|
|
Telecommunications (Interception) Amendment Act 2006
|
40, 2006
|
3 May 2006
|
Schedule 1 (item 10):
13 June 2006 (see F2006L01623)
|
—
|
|
Energy Legislation Amendment Act 2006
|
60, 2006
|
22 June 2006
|
Schedule 2 (item 1):
(zq)
|
—
|
|
Fuel Tax (Consequential and Transitional Provisions)
Act 2006
|
73, 2006
|
26 June 2006
|
Schedule 5 (items 1,
63): 1 July 2006 (see s. 2(1))
|
—
|
|
Excise Laws Amendment (Fuel Tax Reform and Other
Measures) Act 2006
|
74, 2006
|
26 June 2006
|
Schedule 1 (item 1):
1 July 2006
|
—
|
|
Law Enforcement (AFP Professional Standards and Related
Measures) Act 2006
|
84, 2006
|
30 June 2006
|
Schedule 3 (item 1):
30 Dec 2006 (see s. 2(1))
|
—
|
|
Law Enforcement Integrity Commissioner (Consequential
Amendments) Act 2006
|
86, 2006
|
30 June 2006
|
Schedule 1 (item 1):
30 Dec 2006 (see s. 2(1))
|
—
|
|
Renewable Energy (Electricity) Amendment Act 2006
|
90, 2006
|
30 June 2006
|
Schedule 1: 11 Sept 2006 (see F2006L02947)
Remainder: Royal Assent
|
Sch.
1 (item 192) [see Table A]
|
|
Tax Laws Amendment (Repeal of Inoperative Provisions)
Act 2006
|
101, 2006
|
14 Sept 2006
|
Schedule 5 (items 2–5)
and Schedule 6 (items 5–11): Royal Assent
|
Sch.
6 (items
5–11) [see Table A]
|
|
Commonwealth Radioactive Waste Management Legislation
Amendment Act 2006
|
161, 2006
|
11 Dec 2006
|
11 Dec 2006
|
—
|
|
Anti‑Money Laundering and Counter‑Terrorism
Financing (Transitional Provisions and Consequential Amendments) Act 2006
|
170, 2006
|
12 Dec 2006
|
Schedule 1 (item 1):
13 Dec 2006 (see s. 2(1))
|
—
|
|
Statute Law Revision Act 2007
|
8, 2007
|
15 Mar 2007
|
Schedule 3 (items 18,
19): Royal Assent
|
—
|
|
Australian Energy Market Amendment (Gas Legislation)
Act 2007
|
45, 2007
|
10 Apr 2007
|
Schedule 1 (item 1):
1 July 2008 (see F2008L02164)
|
—
|
|
Anti‑Money Laundering and Counter‑Terrorism
Financing Amendment Act 2007
|
52, 2007
|
12 Apr 2007
|
Schedule 1 (items 1,
65): 13 Apr 2007
|
Sch.
1 (item 65) [see Table A]
|
|
Tax Laws Amendment (2007 Measures No. 1) Act 2007
|
56, 2007
|
12 April 2007
|
12 Apr 2007
|
Sch.
1 (item 5) [see Table A]
|
|
Australian Energy Market Amendment (Minor Amendments)
Act 2008
|
60, 2008
|
30 June 2008
|
Schedule 1: (zr)
|
—
|
|
Financial System Legislation Amendment (Financial
Claims Scheme and Other Measures) Act 2008
|
105, 2008
|
17 Oct 2008
|
Schedule 1 (item 53):
(zs)
|
—
|
(a) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 89 only of the Public
Service Acts Amendment Act 1982, subsection 2(4) of which provides as
follows:
(4) The remaining provisions of this Act
shall come into operation on such date as is, or on such respective dates as
are, fixed by Proclamation.
(b) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Part XIV (sections 115 and 116)
only of the Defence Legislation Amendment Act 1984, subsection 2(2) of
which provides as follows:
(2) Section 1, this section and
sections 16, 17, 18, 19 and 120 and Part XIV shall come into
operation on the day on which this Act receives the Royal Assent.
(c) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(3) of which
provides as follows:
(3) The amendment of the Administrative
Decisions (Judicial Review) Act 1977 made by this Act shall come into
operation, or be deemed to have come into operation as the case requires,
immediately after the commencement of the Defence Force (Miscellaneous
Provisions) Act 1982.
The Defence Force (Miscellaneous
Provisions) Act 1982 came into operation on 3 July 1985.
(d) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which
provides as follows:
(1) Subject to this section, this Act
shall come into operation on the day on which it receives the Royal Assent.
(e) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 56 only of the Taxation
Laws Amendment Act (No. 2) 1987, subsection 2(6) of which provides as
follows:
(6) Subject to subsection (7), Part VII
shall come into operation on the commencement of Part VIII of the Cheques
and Payment Orders Act 1986.
(f) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 3 only of the Statute Law
(Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as
follows:
(1) Subject to this section, this Act
shall come into operation on the day on which it receives the Royal Assent.
(g) The Family Court of Australia (Additional
Jurisdiction and Exercise of Powers) Act 1988 was amended by Part XI
(sections 34 and 35) only of the Law and Justice Legislation Amendment
Act 1988, subsection 2(6) of which provides as follows:
(6) Part XI shall be taken to have
commenced on 5 April 1988.
(h) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 32 only of the A.C.T. Self‑Government
(Consequential Provisions) Act 1988, subsection 2(3) of which provides as
follows:
(3) The remaining provisions of this Act
(including the amendments made by Schedule 5) commence on a day or days to
be fixed by Proclamation.
(i) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 3 only of the Primary
Industries and Energy Legislation Amendment Act 1988, subsection 2(3) of
which provides as follows:
(3) The remaining provisions of Part III,
and the amendments of the Administrative Decisions (Judicial Review) Act
1977, commence on 1 January 1989.
(j) The Administrative
Decisions (Judicial Review) Act 1977 was amended by section 11 only of
the ANL (Conversion into Public Company) Act 1988, subsection 2(3) of
which provides as follows:
(3) Section 6, subsection 7(2) and
sections 9 and 11 commence on a day to be fixed by Proclamation.
(k) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 72 only of the Australian
Federal Police Legislation Amendment Act (No. 2) 1989, subsection 2(4)
of which provides as follows:
(4) Subject to subsection (5), the
remaining provisions of this Act commence on a day or days to be fixed by
Proclamation.
(l) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 4 only of the Migration
Legislation Amendment (Consequential Amendments) Act 1989, subsection 2(2)
of which provides as follows:
(2) Section 4 commences on the
commencement of section 4 of the Migration Legislation Amendment Act
1989.
(m) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 17 only of the Commonwealth
Serum Laboratories (Conversion into Public Company) Act 1990, subsection
2(5) of which provides as follows:
(5) Subject to subsection (6),
sections 6, 10, 13 and 17 commence on a day to be fixed by Proclamation
for the purposes of this section.
(n) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 62 (in part) only of the Commonwealth
Banks Restructuring Act 1990, subsection 2(3) of which provides as follows:
(3) Each of the remaining provisions of
this Act commences on a day, or at a time, fixed by Proclamation in relation to
the provisions concerned.
(o) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 113 only of the Taxation
Laws Amendment Act (No. 3) 1991, subsection 2(10) of which provides as
follows:
(10) Subject to subsection (11),
sections 112 to 117 (inclusive) commence on a day to be fixed by
Proclamation.
(p) The Administrative Decisions (Judicial
Review) Act 1977 was amended by the Schedule (Part 2) only of the Qantas
Sale Act 1992, paragraph 2(3)(a) of which provides as follows:
(3) A Proclamation may fix a day that is
earlier than the day on which the Proclamation is published in the Gazette but
only if:
(a) in the case of sections 30,
31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule—the day is not
earlier than the substantial minority sale day.
(q) The Qantas Sale Act 1992 was amended
by the Schedule (item 17) only of the Qantas Sale Amendment Act 1994,
subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(r) The Administrative Decisions (Judicial
Review) Act 1977 was amended by section 44 only of the Snowy
Mountains Engineering Corporation Limited Sale Act 1993, subsection
2(2) of which provides as follows:
(2) Sections 5 to 36 (inclusive) and
39 to 44 (inclusive) commence on the sale day.
(s) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 10 (items 1 and 2) only
of the Customs, Excise and Bounty Legislation Amendment Act 1995,
subsection 2(5) of which provides as follows:
(5) Schedules 2 and 3, items 1,
26 to 45, 49 to 53 and 56 and 67 of Schedule 4, Schedule 6, items 6
to 11 of Schedule 7 and Schedules 8 and 10 commence on 1 July 1995.
(t) The ANL Sale Act 1995 was
repealed by section 79 of that Act before coming into operation.
(u) The Administrative Decisions (Judicial
Review) Act 1977 was amended by the Schedule (item 1) only of the Commonwealth
Bank Sale Act 1995, subsection 2(6) of which provides as
follows:
(6) Items 1 and 48 of the Schedule
commence on the 10th anniversary of the day on which the transfer time occurs.
The transfer
time occurred on 19 July 1996.
(v) Section 2
of the Customs Tariff (Miscellaneous Amendments) Act 1996 provides as
follows:
2 This Act commences on 1 July 1996 immediately after the commencement of the Customs Tariff Act 1995.
(w) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 2 (items 8–13) and
Schedule 5 (items 7–9) only of the Statute Law Revision Act 1996,
subsections 2(1) and (2) of which provide as follows:
(1) Subject to subsections (2) and
(3), this Act commences on the day on which it receives the Royal Assent.
(2) Each item in Schedule 2
commences or is taken to have commenced (as the case requires) at the time
specified in the note at the end of the item.
Schedule 2 (items 8–13) commenced
on the day on which this Act received the Royal Assent.
(x) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 1 (item 1) only of the
Bankruptcy Legislation Amendment Act 1996, subsection 2(2) of which
provides as follows:
(2) Subject to subsection (3),
Schedule 1 commences on a day to be fixed by Proclamation.
(y) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 19 (item 3) only of the Workplace
Relations and Other Legislation Amendment Act 1996, subsection 2(1) of
which provides as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(z) The Income Tax (Consequential Amendments)
Act 1997 was amended by Schedule 8 (item 3) of the Taxation
Laws Amendment Act (No. 1) 1998, subsection 2(2) of which provides as
follows:
(2) Schedule 8 is taken to have
commenced immediately before 1 July 1997.
(za) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 2 (item 1) only of the
AIDC Sale Act 1997, subsection 2(2) of which provides as
follows:
(2) Schedule 2 commences on a day to
be fixed by Proclamation. The day must not be earlier than the day on which the
Minister gives the Governor‑General a written certificate stating that
the Minister is satisfied that the Australian Industry Development Corporation
has no assets and no liabilities. [see Note 2]
(zb) The
Administrative Decisions (Judicial Review) Act 1977 was amended by Schedule 4
(item 1) only of the Australian National Railways Commission Sale
Act 1997, subsection 2(5) of which provides as follows:
(5) The
remaining items of Schedule 3 and Schedule 4 commence on a day to be
fixed by Proclamation. The day must not be earlier than the later of the day
proclaimed for the purposes of subsection (2) and the day proclaimed for
the purposes of subsection (3).
(zc) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 2 (item 1) only of the Foreign
Affairs and Trade Legislation Amendment Act 1997, subsection 2(1) of which
provides as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(zd) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 2 (item 141) only of the
Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection
2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on
the same day as the Financial Management and Accountability Act 1997.
(ze) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 1 (items 50–53) only of
the Public Employment (Consequential and Transitional) Amendment Act 1999,
subsections 2(1) and (2) of which provide as follows:
(1) In this Act, commencing time means
the time when the Public Service Act 1999 commences.
(2) Subject to this section, this Act
commences at the commencing time.
(zf) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 3 (items 1 and 16) only
of the Australian Security Intelligence Organisation Legislation Amendment
Act 1999, subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other
Schedules to this Act.
The other Schedules commenced on Royal Assent.
(zg) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 8 (items 1 and 2) only of
the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999,
subsection 2(17) of which provides as follows:
(17) Schedule 8 commences immediately
after the commencement of the A New Tax System (Goods and Services Tax) Act
1999.
The A New Tax System (Goods and Services Tax)
Act 1999 came into operation on 1 July 2000.
(zh) The A New Tax System (Indirect Tax and
Consequential Amendments) Act 1999 was amended by Schedule 7 (item 8)
only of the Taxation Laws Amendment Act (No. 8) 2000, subsection
2(4) of which provides as follows:
(4) Item 8 of Schedule 7 is
taken to have commenced immediately after the A New Tax System (Indirect Tax
and Consequential Amendments) Act 1999 received the Royal Assent.
(zi) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 4 only of the Federal
Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which
provides as follows:
(1) Subject to this section, this Act
commences on the commencement of the Federal Magistrates Act 1999.
(zj) The Administrative
Decisions (Judicial Review) Act 1977 was amended by Schedule 1 (items 3–26)
and Schedule 2 (items 1–5) only of the Jurisdiction of Courts
Legislation Amendment Act 2000, subsections 2(1) and (2) of which provide
as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(2) The items in Schedule 1, other
than items 77 to 90, commence on a day or days to be fixed by
Proclamation.
(zk) The Administrative Decisions (Judicial Review)
Act 1977 was amended by Schedule 1 (item 1) only of the Broadcasting
Services Amendment Act 2000, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act
commences on the day on which it receives the Royal Assent.
(zl) The Administrative
Decisions (Judicial Review) Act 1977 was amended by Schedule 3 (items 13–15)
only of the Corporations (Repeals, Consequentials and Transitionals) Act
2001, subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as
the Corporations Act 2001.
(zm) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 1 (item 1) only of the Financial
Services Reform (Consequential Provisions) Act 2001, subsections 2(1) and
(6) of which provide as follows:
(1) In
this section:
FSR
commencement means the
commencement of item 1 of Schedule 1 to the Financial Services
Reform Act 2001.
(6) Subject
to subsections (7) to (17), the other items of Schedule 1 commence on
the FSR commencement.
(zn) The Administrative Decisions (Judicial
Review) Act 1977 was amended by Schedule 2 (items 2–5) only of
the Jurisdiction of the Federal Magistrates Service Legislation Amendment
Act 2001, subsection 2(1) of which provides as follows:
(1) Subject
to this section, this Act commences on the day on which it receives the Royal
Assent.
(zo) Subsection 2(1) (item 3) of the Law
and Justice Legislation Amendment Act 2004 provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, on the day
or at the time specified in column 2 of the table.
|
Commencement information
|
|
Column 1
|
Column 2
|
Column 3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
3. Schedule 1,
item 2
|
Immediately
after the commencement of item 1 of Schedule 6 to the Proceeds
of Crime (Consequential Amendments and Transitional Provisions) Act 2002.
|
1 January
2003
|
(zp) Subsection 2(1) (item 2) of the National
Security Information (Criminal Proceedings) (Consequential Amendments) Act 2004
provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
2.
Schedules 1 and 2
|
Immediately
after the commencement of sections 3 to 49 of the National Security
Information (Criminal Proceedings) Act 2004.
|
1 March
2005
|
(zq) Subsection 2(1) (item 3) of the Energy
Legislation Amendment Act 2006 provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
3.
Schedule 2, item 1
|
Immediately
after the commencement of Schedules 1 and 2 to the Trade Practices
Amendment (Australian Energy Market) Act 2004.
|
23 May
2005
|
(zr) Subsection 2(1) (item 2) of the Australian
Energy Market Amendment (Minor Amendments) Act 2008 provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Provision(s)
|
Commencement
|
Date/Details
|
|
2.
Schedules 1 and 2
|
Immediately
after the commencement of Schedule 1 to the Australian Energy Market
Amendment (Gas Legislation) Act 2007.
|
1 July
2008
(see F2008L02164)
|
(zs) Subsection 2(1) (items 2 and 3) of the Financial
System Legislation Amendment (Financial Claims Scheme and Other Measures) Act
2008 provides as follows:
(1) Each provision of this Act specified
in column 1 of the table commences, or is taken to have commenced, in
accordance with column 2 of the table. Any other statement in column 2 has
effect according to its terms.
|
Provision(s)
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Commencement
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Date/Details
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|
2.
Schedule 1
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Immediately
after the provision(s) covered by table item 3.
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18 October
2008
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3.
Schedules 2 to 5
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The day
after this Act receives the Royal Assent.
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18 October
2008
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Table of Amendments
|
ad. = added or
inserted am. = amended rep. = repealed rs. = repealed and
substituted
|
|
Provision affected
|
How affected
|
|
S. 3 .....................................
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am. No. 66, 1978; No. 111, 1980; No. 153,
1982; Nos. 8 and 109, 1988; No. 196, 1992; No. 43, 1996; No. 194,
1999; Nos. 57 and 161, 2000; No. 55, 2001
|
|
S. 3A ..................................
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ad. No. 109, 1988
|
|
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am. No. 57, 2000
|
|
S. 4 .....................................
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am. No. 66, 1978
|
|
Ss. 5, 6 ...............................
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am. No. 43, 1996; No. 194, 1999; No. 157,
2001
|
|
S. 7 .....................................
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am. No. 66, 1978; No. 194, 1999; No. 157,
2001
|
|
Heading to s. 8 ...................
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am. No. 194, 1999
|
|
S. 8 .....................................
|
am. No. 194, 1999
|
|
Note to s. 8..........................
|
ad. No. 161, 2000
|
|
S. 9 .....................................
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am. No. 111, 1980; No. 44, 1996; No. 57,
2000
|
|
Note to s. 9(1).....................
|
ad. No. 57, 2000
|
|
|
am. No. 55, 2001
|
|
S. 9A...................................
|
ad. No. 57, 2000
|
|
|
am. No. 151, 2004; No. 89, 2005
|
|
S. 9B...................................
|
ad. No. 89, 2005
|
|
S. 10 ...................................
|
am. No. 66, 1978; No. 62, 1983; No. 194,
1999; No. 84, 2006
|
|
S. 11 ...................................
|
am. No. 111, 1980; No. 43, 1996; No. 194,
1999
|
|
S. 12 ...................................
|
am. No. 194, 1999
|
|
S. 13 ...................................
|
am. No. 111, 1980; No. 43, 1996; No. 194,
1999; No. 157, 2001
|
|
S. 13A ................................
|
ad. No. 111, 1980
|
|
|
am. No. 194, 1999
|
|
S. 14 ...................................
|
am. No. 111, 1980; No. 43, 1996; No. 194,
1999
|
|
Heading to s. 15 .................
|
am. No. 194, 1999
|
|
S. 15 ...................................
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am. No. 43, 1996; No. 194, 1999
|
|
S. 15A ................................
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ad. No. 194, 1999
|
|
Heading to s. 16 .................
|
am. No. 194, 1999
|
|
S. 16 ...................................
|
am. No. 194, 1999
|
|
S. 17 ...................................
|
am. No. 111, 1980; No. 43, 1996; No. 194,
1999; No. 57, 2000
|
|
S. 18 ...................................
|
am. No. 43, 1996; No. 194, 1999
|
|
S. 18A ................................
|
ad. No. 8, 1988
|
|
|
am. No. 194, 1999
|
|
S. 19 ...................................
|
am. No. 194, 1999
|
|
S. 19A ................................
|
ad. No. 66, 1978
|
|
Note to s. 19A(1)................
|
ad. No. 57, 2000
|
|
S. 19B.................................
|
ad. No. 57, 2000
|
|
Schedule 1 .........................
|
ad. No. 111, 1980
|
|
|
am. Nos. 115, 122, 137, 140 and 153, 1982; No. 144,
1983; Nos. 4, 47 and 65, 1985; Nos. 41, 76, 102 and 112, 1986; Nos. 62, 76
and 145, 1987; Nos. 5 and 87, 1988; Nos. 14 and 107, 1989; Nos. 60 and 118,
1990; No. 216, 1991; Nos. 92, 151 and 196, 1992; Nos. 32, 54 and 88,
1993; No. 124, 1994; Nos. 161 and 175, 1995; Nos. 15, 43 and 60, 1996;
Nos. 39 and 177, 1997; Nos. 7, 118 and 161, 1999; No. 176, 1999 (as am.
by No. 156, 2000); No. 57, 2000; Nos. 123, 134 and 153, 2001; Nos.
86 and 127, 2002; Nos. 35, 62 and 124, 2004; Nos. 100, 112, 118, 137, 144 and
146, 2005; Nos. 40, 73, 74, 90, 101, 161 and 170, 2006; Nos. 8, 52 and 56,
2007; No. 105, 2008
|
|
Schedule 2 .........................
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ad. No. 111, 1980
|
|
|
am. No. 111, 1982; No. 144,
1983; Nos. 76, 159 and 164, 1984; No. 153, 1986; No. 141, 1987;
Nos. 5, 63, 111 and 127, 1988; Nos. 150, 153 and 159, 1989; Nos. 77 and 118,
1990; No. 149, 1991; No. 196, 1992; No. 85, 1995; Nos. 96, 150
and 152, 1997; No. 146, 1999; Statutory Rules 1999 No. 301 (as am.
by Statutory Rules 2000 No. 332); Nos. 9, 57 and 172, 2000; No. 32,
2003; Nos. 30, 62 and 151, 2004; Nos. 89 and 111, 2005; SLI 2006 No. 50;
No. 86, 2006
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|
Schedule 3..........................
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ad. No. 57, 2000
|
|
|
am. No. 55, 2001; No. 108, 2004; Nos. 7, 17
and 60, 2006; No. 45, 2007; No. 60, 2008
|
Note 2
AIDC Sale Act 1997 (No. 67, 1997)
The following amendment commences on proclamation:
Schedule 2
1 Paragraph (k) of Schedule 2
Omit “Australian Industry Development Corporation”.
As at 27 October 2008 the amendment is not incorporated in
this compilation.
Table A
Application, saving or transitional provisions
Statute Stocktake Act 1999 (No. 118, 1999)
Schedule 2
20 Saving provision
The amendments made by items 17, 18 and 19 do not allow a
decision made under the Estate Duty Assessment Act 1914, the Gift
Duty Assessment Act 1941 or the Taxation (Unpaid Company Tax) Assessment
Act 1982 to be reviewed under the Administrative Decisions (Judicial
Review) Act 1977.
Federal Magistrates (Consequential
Amendments) Act 1999 (No. 194, 1999)
Schedule 4
72 Transitional—section 19 of the Administrative
Decisions (Judicial Review) Act 1977
Regulations in force for the purposes of subsection 19(1) of the Administrative
Decisions (Judicial Review) Act 1977 immediately before the commencement of
this item have effect, after the commencement of this item, as if:
(a) they had been made for the
purposes of subsection 19(1) of the Administrative Decisions (Judicial
Review) Act 1977 as amended by this Act; and
(b) each reference in those
regulations to the Federal Court included a reference to the Federal
Magistrates Court.
Australian Federal Police Legislation
Amendment Act 2000 (No. 9, 2000)
Schedule 3
20 Definition
In this Part:
commencing time means the time when this Part
commences.
21 Amendment of the Administrative Decisions (Judicial
Review) Act 1977
The amendment of the Administrative Decisions (Judicial
Review) Act 1977 made by Schedule 2 to this Act applies to decisions
under the Australian Federal Police Act 1979 made at or after the
commencing time.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ,
order, permission or other instrument (the authority) issued
under a law of the Commonwealth, a State or a Territory could be executed by a
person who was at that time a member, staff member or special member of the
Australian Federal Police, the authority continues to be able to be executed at
and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian
Federal Police; or
(b) a Deputy Commissioner of the
Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian
Federal Police;
(all within the meaning of the Australian Federal Police Act
1979 as in force at and after the commencing time).
Note: A person who is a
member or staff member of the Australian Federal Police immediately before the
commencing time is taken to be engaged as an AFP employee. Similarly, a person
who is a special member of the Australian Federal Police immediately before the
commencing time is taken to be appointed as a special member. See item 2
of this Schedule.
35 Regulations dealing with
matters of a transitional or saving nature
(1) The Governor‑General may make regulations,
not inconsistent with any other provision of this Schedule, prescribing matters
of a transitional or saving nature in relation to the amendments made by
Schedule 1 or 2.
(2) Regulations made under this item within one year
after the commencement of this item may commence on a day earlier than the day
on which they are made, but not earlier than the commencement of this item.
Jurisdiction
of Courts Legislation Amendment Act 2000 (No. 57, 2000)
Schedule 1
27 Effect of amendments in relation to reviewable State and
Territory decisions
Definitions
(1) In this item:
amended Act means the Administrative Decisions
(Judicial Review) Act 1977 as in force after the commencement.
commencement means the commencement of the
amendments of the Administrative Decisions (Judicial Review) Act 1977 made
by this Schedule.
reviewable State decision means
a decision:
(a) to which the amended Act applies
because of the application of paragraph (b) of the definition of decision
to which this Act applies in subsection 3(1) of that Act; and
(b) that was made under a law of a
State.
reviewable Territory decision means a decision:
(a) to which the amended Act applies
because of the application of paragraph (b) of the definition of decision
to which this Act applies in subsection 3(1) of that Act; and
(b) that was made under a law of the Australian
Capital Territory or the Northern Territory.
Reviewable State decisions made before the
commencement—situations in which period for seeking review under amended Act is
extended
(2) In each of the following situations, the amended
Act applies in relation to a person and a reviewable State decision as if the
prescribed period for the purposes of paragraph 11(1)(c) of that Act began on
the commencement and ended on the later of the 28th day after the commencement
and the day on which that prescribed period would, apart from this subitem,
have ended:
(a) the first situation—the decision
was made during the period starting on 20 May 1999 and ending immediately
before the commencement;
(b) the second situation—before 17 June
1999, the Federal Court of Australia, purporting to act under the Administrative
Decisions (Judicial Review) Act 1977 as purportedly applied as a law of a
State, made an order allowing the person further time to make an application
for an order of review of the decision and that period of time had not expired
by 17 June 1999;
(c) the third situation—immediately
before 17 June 1999, proceedings by way of an application by the person
for an order of review of the decision were before the Federal Court of
Australia under the Administrative Decisions (Judicial Review) Act 1977 as
purportedly applied as a law of a State.
Note: The power under paragraph 11(1)(c) of the
amended Act to extend the time for applying for judicial review of a decision
is available even if the decision is a reviewable State decision and the 28 day
time limit that would otherwise apply expired before the commencement.
Reviewable Territory decisions—ACT and NT laws no longer
operate to apply the AD(JR) Act
(3) A law of the Australian Capital Territory or the
Northern Territory that provides for the application of the Administrative
Decisions (Judicial Review) Act 1977 as a law of that Territory is of no
effect at any time after the commencement so far as that law purports to apply
that Act in relation to a reviewable Territory decision (whenever it was made).
Note: The amended Act applies to these decisions.
Reviewable Territory decisions—review proceedings continue
after the commencement under the amended Act
(4) If, immediately before the commencement,
proceedings in relation to a reviewable Territory decision were before a court
under the Administrative Decisions (Judicial Review) Act 1977 as
applying as a law of the Australian Capital Territory or the Northern
Territory, then, on and after the commencement, those proceedings continue as
if they had been commenced in that court under the amended Act.
Reviewable Territory decisions—continued effect of orders
made before the commencement
(5) An order made by a court before the commencement
under the Administrative Decisions (Judicial Review) Act 1977 as
applying as a law of the Australian Capital Territory or the Northern Territory
has effect, on and after the commencement, as if it had been made by that court
under the amended Act.
Schedule 2
16 Application of amendments
(1) In this item:
commencement means the commencement of the
amendments of the Administrative Decisions (Judicial Review) Act 1977,
the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1
of this Schedule.
related criminal justice process decision, in
relation to an offence, has the same meaning as in the following provisions (as
amended by Part 1 of this Schedule):
(a) section 9A of the Administrative
Decisions (Judicial Review) Act 1977;
(b) section 51AA of the Corporations
Act 1989;
(c) section 39B of the Judiciary
Act 1903.
(2) The amendments of the Administrative Decisions
(Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary
Act 1903 made by Part 1 of this Schedule apply in relation to:
(a) a decision made on or after the
commencement to prosecute a person for an offence, even if the conduct alleged
to give rise to the offence occurred before the commencement; or
(b) a related criminal justice process
decision made on or after the commencement in relation to an offence, even if
either or both of the following apply:
(i) the conduct alleged to
give rise to the offence occurred before the commencement;
(ii) the prosecution of the
offence, or an appeal arising out of the prosecution, was commenced before the
commencement.
(3) The amendments of the Administrative Decisions
(Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary
Act 1903 made by Part 1 of this Schedule also apply in relation to:
(a) a decision made before the
commencement to prosecute a person for an offence, unless that decision is the
subject of an application that is before a court at 13 April 2000; or
(b) a related criminal justice process
decision made before the commencement in relation to an offence, unless the
decision is the subject of an application that is before a court at 13 April 2000.
Jurisdiction
of Courts (Miscellaneous Amendments) Act 2000 (No. 161, 2000)
Schedule 1
16 Pre‑commencement jurisdiction of the Federal Magistrates
Court
The enactment of this Schedule does not imply that the Parliament
did not intend that the Federal Magistrates Court was to have jurisdiction, at
a time before the commencement of this item, to hear and determine:
(a) a proceeding arising under the Administrative
Decisions (Judicial Review) Act 1977 that was transferred to the Federal
Magistrates Court under section 32AB of the Federal Court of Australia
Act 1976; or
(b) a proceeding arising under the Family
Law Act 1975 that was transferred to the Federal Magistrates Court under
section 33B of the Family Law Act 1975.
17 Pre‑commencement
jurisdiction of the Federal Court
The enactment of this Schedule does not imply that the Parliament
did not intend that the Federal Court was to have jurisdiction, at a time
before the commencement of this item, to hear and determine a proceeding arising
under the Administrative Decisions (Judicial Review) Act 1977 that was
transferred to the Federal Court under Part 5 of the Federal
Magistrates Act 1999.
Migration Legislation Amendment (Judicial Review) Act 2001 (No. 134, 2001)
Schedule 1
8 Application
(1) If an application for judicial review of a decision
under the Migration Act 1958 is lodged before the commencement of this
Schedule, the Migration Act 1958, the Administrative Appeals Tribunal
Act 1975 and the Administrative Decisions (Judicial Review) Act 1977,
as in force immediately before that commencement, apply in respect of the
application, and in respect of the review, as if this Schedule had not been
enacted.
(2) The Migration Act 1958 and the Administrative
Decisions (Judicial Review) Act 1977, as amended by this Schedule, apply in
respect of judicial review of a decision under the Migration Act 1958
if:
(a) the decision was made on or after
the commencement of this Schedule; or
(b) the decision:
(i) was made before the
commencement of this Schedule; and
(ii) as at that
commencement, an application for judicial review of the decision had not been
lodged.
(3) A reference in subitem (1)
or (2) to an application for judicial review of a decision is a reference to:
(a) an application for review of the
decision under:
(i) section 44 of the
Administrative Appeals Tribunal Act 1975; or
(ii) Part 8 of the Migration
Act 1958; or
(iii) the Administrative
Decisions (Judicial Review) Act 1977; or
(b) an application for a writ of
mandamus, prohibition or certiorari or an injunction or a declaration in
respect of the decision under:
(i) section 75 of the
Constitution; or
(ii) section 39B or
67C of the Judiciary Act 1903.
Intelligence Services (Consequential Provisions) Act 2001 (No. 153, 2001)
4
Regulations
The Governor‑General may make
regulations providing for matters of a transitional nature (including any
saving or application provision) arising out of the enactment of the Intelligence
Services Act 2001, or the amendments made by this Act.
Jurisdiction of the Federal Magistrates Service Legislation
Amendment Act 2001 (No. 157, 2001)
Schedule 2
6 Application of amendments
(2) The amendments of the Administrative Decisions
(Judicial Review) Act 1977 made by items 2, 3, 4 and 5 apply in relation
to a decision made on or after the commencement of this item.
Dairy Industry Service Reform Act 2003 (No. 32, 2003)
Schedule 1
127 Dairy produce
A product that is dairy produce, immediately before the
commencement of this item, under paragraph (c) of the definition of dairy
produce in subsection 3(1) of the Dairy Produce Act 1986 is
taken, after the commencement of this item, to continue to be dairy produce
under that paragraph.
128 Continuation of secrecy obligations
Section 119 of the Dairy Produce Act 1986 as in force
before the commencement of this item continues to apply after the commencement
of this item to a person who, immediately before the commencement of this item,
was a person to whom that section applied as if the amendments to that section
made by this Schedule had not been made.
129 Final annual reports
(1) For the final reporting period, the directors of
Dairy Australia Limited must, in relation to the Australian Dairy Corporation
and the Dairy Research and Development Corporation, prepare the report referred
to in section 9 of the Commonwealth Authorities and Companies Act 1997.
The report may include such other matters as the directors consider
appropriate.
(2) For the purposes of this item, the final reporting
period is to be treated as a financial year.
(3) In this item:
final reporting period means the period that:
(a) started on 1 July 2002; and
(b) ends at the commencement of this
item.
Human Services Legislation Amendment Act 2005 (No. 111, 2005)
Schedule 2
728 Operation of the Administrative Decisions (Judicial
Review) Act 1977
Despite the amendment made by item 80, the Administrative
Decisions (Judicial Review) Act 1977 has effect in relation to decisions
made before the commencement time as if that amendment had not been made.
Telstra (Transition to Full Private Ownership) Act 2005 (No. 118, 2005)
3
Designated day
(1) If, in the opinion of the Minister, a
particular day is the first day after the commencement of Part 1 of
Schedule 1 on which a majority of the voting shares in Telstra are held by
a person, or persons, other than the Commonwealth, the Minister must, by
written instrument, declare the day to be the designated day for
Telstra.
(2) The declaration has effect accordingly.
Future Fund and Communications Fund
(3) For the purposes of this section, if a
share in Telstra is an investment of the Future Fund or the Communications
Fund, the share is taken to be held by a person other than the Commonwealth.
Securities lending arrangements
(4) For the purposes of this section, if,
under an agreement of the kind known as a securities lending arrangement:
(a) at a particular time (the disposal
time), the Commonwealth disposed of a share in Telstra (the borrowed
share) to another person (the borrower); and
(b) the Commonwealth may come under an
obligation to:
(i) re‑acquire the
borrowed share from the borrower at a later time; or
(ii) acquire an identical
share from the borrower at a later time;
the borrowed share is taken to be held by the Commonwealth
during the period:
(c) beginning at the disposal time;
and
(d) ending when the obligation
mentioned in paragraph (b) is discharged or can no longer arise.
Declaration
(5) The declaration under subsection (1)
is a legislative instrument for the purposes of the Legislative Instruments
Act 2003, but section 42 of that Act does not apply to the
declaration.
(6) The designated day may be earlier than
the day on which the declaration under subsection (1) is registered under
the Legislative Instruments Act 2003.
Definitions
(7) In this section:
category A hybrid‑security issuer company
has the same meaning as in the Telstra Corporation Act 1991.
Communications Fund has the same meaning as
in the Telstra Corporation Act 1991.
Future Fund has the same meaning as in the Telstra
Corporation Act 1991.
Telstra has the same meaning as in the Telstra
Corporation Act 1991.
the Commonwealth includes a category A hybrid‑security
issuer company.
voting share has the same meaning as in the Telstra
Corporation Act 1991.
Migration Litigation Reform Act 2005 (No. 137, 2005)
Schedule 1
40 Definitions
In this Part:
commencement day means the day on which this
Schedule commences.
migration decision has the same meaning as in the Migration
Act 1958, as amended by Part 1 of this Schedule.
migration litigation has the same meaning as in
Part 8B of the Migration Act 1958, as amended by Part 1 of
this Schedule.
substantive proceedings has the same meaning as in
paragraph 503B(1)(b) of the Migration Act 1958.
41 Application of item 1 and items 11 to 36
The amendments made by item 1 and items 11 to 36
of this Schedule apply to proceedings in relation to a migration decision that
are commenced on or after the commencement day.
42 Transitional provision—migration decision made before
commencement day
Where proceedings are commenced on or after the commencement day
in relation to a migration decision made before the commencement day, and
actual notification of the decision is given before the commencement day:
(a) section 477 of the Migration
Act 1958 applies as if the actual notification of the decision took place
on the commencement day; and
(b) section 477A of that Act
applies as if the actual notification of the decision took place on the
commencement day; and
(c) section 486A of that Act
applies as if the actual notification of the decision took place on the
commencement day.
Anti‑Terrorism Act (No. 2) 2005 (No. 144, 2005)
4
Review of anti‑terrorism laws
(1) The Council of Australian Governments
agreed on 27 September 2005 that the Council would, after 5 years, review
the operation of:
(a) the amendments made by Schedules 1,
3, 4 and 5; and
(b) certain State laws.
(2) If a copy of the report in relation to
the review is given to the Attorney‑General, the Attorney‑General
must cause a copy of the report to be laid before each House of Parliament
within 15 sitting days after the Attorney‑General receives the copy of
the report.
Renewable Energy (Electricity) Amendment Act 2006 (No. 90, 2006)
Schedule 1
192 Application—assessments
The amendment made by item 1 applies in relation to
decisions made after the commencement of that item.
Tax Laws Amendment (Repeal of Inoperative Provisions)
Act 2006
(No. 101, 2006)
Schedule 6
5 Application of Schedule 5 amendments
The repeals and amendments made by Schedule 5 apply to acts
done or omitted to be done, or states of affairs existing, after the
commencement of the amendments.
6 Object
The object of this Part is to ensure that, despite the repeals
and amendments made by this Act, the full legal and administrative consequences
of:
(a) any act done or omitted to be
done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise
and be carried out, directly or indirectly through an indefinite number of
steps, even if some or all of those steps are taken after the repeal or
amendment applies.
7 Making and amending assessments, and doing other things,
in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal
or amendment is disregarded for the purpose of doing any of the following under
any Act or legislative instrument (within the meaning of the Legislative
Instruments Act 2003):
(a) making or amending an assessment
(including under a provision that is itself repealed or amended);
(b) exercising any right or power,
performing any obligation or duty or doing any other thing (including under a
provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of
affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual
return under former section 160ARE of the Income Tax Assessment Act
1936. The return stated that the company had a credit on its franking
account and that no franking deficit tax was payable for the 1998‑99
franking year. Under former section 160ARH of that Act, the Commissioner
was taken to have made an assessment consistent with the return.
Following an audit undertaken after the
repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd
fraudulently overfranked dividends it paid during the 1998‑99 franking
year, and had a franking account deficit for that franking year. As a result,
the Commissioner considers that franking deficit tax and a penalty by way of
additional tax are payable.
The Commissioner can amend the assessment
under former section 160ARN of that Act, because item 7 of this
Schedule disregards the repeal of that section for the purposes of making an
assessment in relation to the 1998‑99 franking year. Item 7 will
also disregard the repeal of Division 11 of former Part IIIAA to the
extent necessary for the Commissioner to assess Greg Ltd’s liability to a
penalty by way of additional tax.
Despite the repeal of sections 160ARU
and 160ARV, item 9 will ensure that the general interest charge will
accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd’s
right, under former section 160ART of that Act, to object against the
Commissioner’s amended assessment (including the penalty), since the objection
is the exercise of a right in relation to a franking year that ended before the
repeal of Part IIIAA.
Example 2: During the 1997‑98 income year, Duffy
Property Ltd withheld amounts from its employees’ wages as required by former
Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act
1936. The company failed to notify the Commissioner of those amounts, and
failed to remit them to the Commissioner.
Following an audit undertaken after the
repeal of those Divisions, the Commissioner discovers that the withheld amounts
have not been remitted. The company’s records are incomplete and the
Commissioner is unable to completely ascertain the extent of its liability for
the withheld amounts. Under section 222AGA of that Act, the Commissioner
makes an estimate of the liability.
Item 7 will disregard the repeal of
section 220AAZA of that Act (which empowered the Commissioner to recover
the amount of the estimate). Even though the estimate is made after the repeal,
it relates to amounts withheld before the repeal.
8 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended
by this Act deals with the effect of an assessment, the repeal or amendment is
disregarded in relation to assessments made, before or after the repeal or
amendment applies, in relation to any act done or omitted to be done, any state
of affairs existing, or any period ending, before the repeal or amendment
applies.
9 Saving of provisions about general interest charge,
failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision
that is repealed or amended by this Act provides for the payment of:
(i) general interest
charge, failure to notify penalty or late reconciliation statement penalty (all
within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation
(Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period
in respect of which the charge, penalty or interest is payable (whether under
the provision or under the Taxation Administration Act 1953) has not
begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part
continues to apply in the particular case until the end of the period.
10 Repeals disregarded for the purposes of dependent
provisions
If the operation of a provision (the subject provision)
of any Act or legislative instrument (within the meaning of the Legislative
Instruments Act 2003) made under any Act depends to any extent on an Act,
or a provision of an Act, that is repealed by this Act, the repeal is
disregarded so far as it affects the operation of the subject provision.
11 Schedule does not limit operation of section 8 of
the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of
the Acts Interpretation Act 1901.
Anti‑Money Laundering and Counter‑Terrorism
Financing Amendment Act 2007 (No. 52,
2007)
Schedule 1
65 Judicial review of decisions made under the Anti‑Money
Laundering and Counter‑Terrorism Financing Act 2006
(1) The amendment of paragraph (qa) of Schedule 1
to the Administrative Decisions (Judicial Review) Act 1977 made by this
Schedule applies in relation to a decision made before, at or after the
commencement of this item.
(2) If, apart from this subitem, the prescribed period
for the purposes of the application of paragraph 11(1)(c) of the Administrative
Decisions (Judicial Review) Act 1977 to a decision made under the Anti‑Money
Laundering and Counter‑Terrorism Financing Act 2006 before the
commencement of this item would end before that commencement, that prescribed
period is taken, for those purposes, to be the period:
(a) beginning on the day on which the
decision was made; and
(b) ending on the 28th day after the
day on which this item commences.
Tax Laws Amendment (2007 Measures No. 1) Act 2007 (No. 56, 2007)
Schedule 1
5 Application
The amendments made by this Schedule apply to disclosures of
information made on or after the day on which this Act receives the Royal
Assent (whenever the information was obtained).