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Administrative Appeals Tribunal Act 1975
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Administered by
Attorney-General's Department
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C2013C00170
12 April 2013
-
28 May 2013
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Part I—Preliminary
1 Short title
2 Commencement
2A Tribunal’s objective
3 Interpretation
4 Extension to external Territories
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Part II—Establishment of the Administrative Appeals Tribunal
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Division 1—Establishment of Tribunal
5 Establishment of Tribunal
Division 2—Members of Tribunal
6 Appointment of members of Tribunal
7 Qualifications for appointment
7A Appointment of a Judge as a presidential member not to affect tenure etc.
8 Term of appointment
9 Remuneration and allowances
10 Acting appointments
10A Delegation
10B Oath or affirmation of office
11 Outside employment
12 Leave of absence
13 Removal from office
14 Disclosure of interests by members
15 Resignation
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Part III—Organization of the Tribunal
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Division 1—Divisions of the Tribunal
19 Divisions of the Tribunal
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Division 2—Arrangement of business of the Tribunal
20 Arrangement of business
20A Places of sitting
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Division 3—Constitution and reconstitution of the Tribunal
20B President may give directions as to constitution of Tribunal
21 Constitution of Tribunal for exercise of powers
21AA Constitution of Security Appeals Division—general
21AB Constitution of Security Appeals Division—proceedings to review certain decisions under the Archives Act 1983
21A Reconstitution of Tribunal at the request of a party
22 Member Presiding
23 Reconstitution of Tribunal if member is unavailable
23A Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding
23B Matters to which the President must have regard in constituting the Tribunal
23C Limitation on composition of reconstituted Tribunal
23D Tribunal may have regard to record of previous proceeding
23E Constitution of Tribunal for review of amount taxed—general rule
23F Constitution of Tribunal for review of amount taxed—member unavailable
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Part IIIAA—Small Taxation Claims Tribunal
24AA Definitions
24AB Reviews of relevant taxation decisions to be heard before the Taxation Appeals Division
24AC Small Taxation Claims Tribunal to hear certain tax disputes
24AD What happens if the Small Taxation Claims Tribunal considers that the tax in dispute is not less than the determined amount
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Part IIIA—Management of the Tribunal
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Division 1—Management responsibilities of President and Registrar
24A Management of administrative affairs of Tribunal
24B Registrar of the Tribunal
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Division 2—Appointment, powers etc. of Registrar
24C Appointment of Registrar
24D Powers of the Registrar
24E Remuneration of Registrar
24F Terms and conditions of appointment of Registrar
24G Leave of absence
24H Resignation
24J Outside employment of Registrar
24K Termination of appointment
24L Disclosure of interests by Registrar
24M Acting Registrar
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Division 3—Other officers and staff of Tribunal
24N Officers and staff of the Tribunal
24P Statutory Agency etc. for purposes of Public Service Act
24Q Engagement of consultants etc.
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Division 4—Miscellaneous administrative matters
24R Annual report
24V Delegation of administrative powers of President
24W Proceedings arising out of administration of Tribunal
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Part IV—Reviews by the Tribunal of decisions
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Division 1—Applications for review of decisions
25 Tribunal may review certain decisions
26 Restriction on powers of decision maker after application for review is made
27 Persons who may apply to Tribunal
27AA Applications to Tribunal under Australian Security Intelligence Organisation Act
27A Notice of decision and review rights to be given
27B Review—Code of Practice
28 Person affected by decision may obtain reasons for decision
29 Manner of applying for review
29A Applications—payment of fees
29B Notice of application
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Division 2—Parties and procedure
30 Parties to proceeding before Tribunal
30A Intervention by Attorney General
31 Tribunal to determine persons whose interests are affected by decision
32 Representation before Tribunal
33 Procedure of Tribunal
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Division 3—Alternative dispute resolution processes
34 Scope of Division
34A Referral of proceeding for alternative dispute resolution process
34B Alternative dispute resolution processes—proceeding before the Small Taxation Claims Tribunal
34C Directions by President
34D Agreement about the terms of a decision etc.
34E Evidence not admissible
34F Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal
34G Participation by telephone etc.
34H Engagement of persons to conduct alternative dispute resolution processes
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Division 4—Hearings and evidence
34J Circumstances in which hearing may be dispensed with
35 Hearings to be in public except in special circumstances
35AA Restriction on publication of evidence and findings in a proceeding before the Security Appeals Division
35A Participation by telephone etc.
36 Disclosure not required: Attorney General’s public interest certificate
36A Answering questions where Attorney General intervenes on public interest grounds
36B Disclosure not required: State Attorney General’s public interest certificate
36C Answering questions where State Attorney General intervenes on public interest grounds
36D Public interest questions under sections 36, 36A and 36C
37 Lodging of material documents with Tribunal
38 Power of Tribunal to obtain additional statements
38A Director General of Security to lodge certain material with Tribunal
39 Opportunity to make submissions concerning evidence
39A Procedure at certain hearings in Security Appeals Division
39B Certain documents and information not to be disclosed in proceedings before Security Appeals Division
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Division 5—Procedural powers of Tribunal
40 Powers of Tribunal etc.
41 Operation and implementation of a decision that is subject to review
42 Resolving disagreements
42A Discontinuance, dismissal, reinstatement etc. of application
42B Power of Tribunal where a proceeding is frivolous or vexatious
42C Power of Tribunal if parties reach agreement
42D Power to remit matters to decision maker for further consideration
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Division 6—Tribunal’s decision on review
43 Tribunal’s decision on review
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Division 7—Miscellaneous
43AAA Findings of Tribunal in certain proceedings before Security Appeals Division
43AA Correction of errors in decisions or statement of reasons
43A Return of documents etc. at completion of proceeding
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Part IVA—Appeals and references of questions of law to the Federal Court of Australia
43B Part applies whether Tribunal’s power conferred by an enactment or by a law of a State
44 Appeals to Federal Court of Australia from decisions of the Tribunal
44AA Transfer of appeals from Federal Court to Federal Circuit Court
44A Operation and implementation of a decision that is subject to appeal
45 Reference of questions of law to Federal Court of Australia
46 Sending of documents to, and disclosure of documents by, the Federal Court and the Federal Circuit Court
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Part V—Administrative Review Council
47 Interpretation
48 Establishment of Council
49 Composition of Council
50 Qualifications for appointment
51 Functions and powers of Council
51A Minister may give directions to the Council
51B Minister may refer matters to the Council
51C Reports by the Council
52 Period of appointment
53 Remuneration and allowances
54 Resignation
55 Removal from office
56 Meetings
57 Staff of Council
58 Annual Report
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Part VI—Miscellaneous
59 Advisory opinions
59A Authorised members
60 Protection of members, alternative dispute resolution practitioners, Registrars, District Registrars, Deputy Registrars, Conference Registrars, barristers and witnesses
61 Failure to comply with summons
62 Refusal to be sworn or to answer questions
62A False or misleading evidence
62B Extended operation of certain provisions
63 Contempt of Tribunal
64 Registries
65 Officers of Tribunal
66 Confidential information not to be disclosed
66A Application of confidentiality provisions in other Acts
67 Fees for compliance with summons
67A Giving of notices
68 Lodging of documents
68AA How documents may be given to a person
68A Calculation of short periods of time
69 Legal assistance
69A Procedure for taxing costs
69B Costs in certain proceedings in Security Appeals Division
70 Regulations
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Schedule 2
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Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
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Endnote 3—Uncommenced amendments
Access to Justice (Federal Jurisdiction) Amendment Act 2012 (No. 186, 2012)
Endnote 4—Misdescribed amendments
Endnote 5—Modifications
Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (No. 75, 1988)
Social Security Act 1991 (No. 46, 1991)
Taxation Laws Amendment Act (No. 3) 1991 (No. 216, 1991)
Migration Reform Act 1992 (No. 184, 1992)
A.C.T. Self Government (Consequential Provisions) Regulations (1989 No. 3)