Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to repeal or amend certain Acts as a consequence of the enactment of the Administrative Review Tribunal Act 2000, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced HR 12 Oct 2000

Administrative Review Tribunal (Consequential and Transitional Provisions) Bill 2000
First Reading

1998-1999-2000

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Administrative Review Tribunal (Consequential and Transitional Provisions) Bill 2000

No. , 2000

(Attorney-General)

A Bill for an Act to repeal or amend certain Acts as a consequence of the enactment of the Administrative Review Tribunal Act 2000, and for related purposes

ISBN: 0642 452881

Contents

Aboriginal and Torres Strait Islander Commission Act 1989 5

Aboriginal Councils and Associations Act 1976 5

ACIS Administration Act 1999 5

Adelaide Airport Curfew Act 2000 6

Administrative Decisions (Judicial Review) Act 1977 6

Aged Care Act 1997 6

Aged or Disabled Persons Care Act 1954 6

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 6

Agricultural and Veterinary Chemicals (Administration) Act 1992 7

Agricultural and Veterinary Chemicals Code Act 1994 7

Aircraft Noise Levy Collection Act 1995 7

Air Navigation Act 1920 7

Air Navigation (Charges) Act 1952 7

Airports Act 1996 8

Air Services Act 1995 8

A New Tax System (Australian Business Number) Act 1999 8

A New Tax System (Bonuses for Older Australians) Act 1999 8

Antarctic Marine Living Resources Conservation Act 1981 8

Antarctic Treaty (Environment Protection) Act 1980 8

Archives Act 1983 9

Australian Capital Territory Taxation (Administration) Act 1969 9

Australia New Zealand Food Authority Act 1991 9

Australian Film Commission Act 1975 9

Australian Hearing Services Act 1991 9

Australian Meat and Live-stock Industry Act 1997 10

Australian National Railways Commission Act 1983 10

Australian Radiation Protection and Nuclear Safety Act 1998 10

Australian Sports Drug Agency Act 1990 10

Australian Wine and Brandy Corporation Act 1980 10

Bankruptcy Act 1966 11

Biological Control Act 1984 12

Bounty and Capitalisation Grants (Textile Yarns) Act 1981 12

Bounty (Bed Sheeting) Act 1977 12

Bounty (Books) Act 1986 12

Bounty (Citric Acid) Act 1991 12

Bounty (Computers) Act 1984 13

Bounty (Machine Tools and Robots) Act 1985 13

Bounty (Photographic Film) Act 1989 13

Bounty (Printed Fabrics) Act 1981 13

Bounty (Ships) Act 1989 13

Broadcasting Services Act 1992 13

Chemical Weapons (Prohibition) Act 1994 14

Child Support (Registration and Collection) Act 1988 14

Civil Aviation Act 1988 14

Classification (Publications, Films and Computer Games) Act 1995 14

Coal Excise Act 1949 14

Coal Industry Act 1946 14

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 15

Commerce (Trade Descriptions) Act 1905 15

Commonwealth Electoral Act 1918 15

Complaints (Australian Federal Police) Act 1981 15

Copyright Act 1968 16

Crimes (Taxation Offences) Act 1980 16

Customs Act 1901 16

Dairy Produce Act 1986 17

Debits Tax Administration Act 1982 18

Defence Force (Home Loans Assistance) Act 1990 18


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Defence Force Retirement and Death Benefits Act 1973 18

Defence Service Homes Act 1918 18

Designs Act 1906 18

Diesel and Alternative Fuels Grants Scheme Act 1999 18

Diesel Fuel Taxation (Administration) Act 1957 19

Disability Discrimination Act 1992 19

Disability Services Act 1986 19

Distillation Act 1901 19

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 19

Environment Protection (Sea Dumping) Act 1981 19

Environment Protection and Biodiversity Conservation Act 1999 19

Environmental Reform (Consequential Provisions) Act 1999 20

Excise Act 1901 20

Export Expansion Grants Act 1978 20

Export Inspection and Meat Charges Collection Act 1985 20

Export Market Development Grants Act 1997 21

Federal Proceedings (Costs) Act 1981 21

Film Licensed Investment Company Act 1998 21

Financial Institutions Supervisory Levies Collection Act 1998 21

Financial Sector (Transfers of Business) Act 1999 21

First Home Owners Act 1983 22

Fisheries Management Act 1991 22

Freedom of Information Act 1982 22

Fringe Benefits Tax Assessment Act 1986 22

Gift Duty Assessment Act 1941 22

Governor-General Act 1974 23

Great Barrier Reef Marine Park Act 1975 23

Hazardous Waste (Regulation of Exports and Imports) Act 1989 23

Health and Other Services (Compensation) Act 1995 23

Health Insurance Act 1973 23

Hearing Services Administration Act 1997 24

Higher Education Funding Act 1988 25

Home Deposit Assistance Act 1982 25

Home Savings Grant Act 1976 25

Imported Food Control Act 1992 25

Income Tax Assessment Act 1936 26

Industrial Chemicals (Notification and Assessment) Act 1989 26

Industrial Research and Development Incentives Act 1976 26

Industry Research and Development Act 1986 26

Insurance Act 1973 27

Insurance Acquisitions and Takeovers Act 1991 27

Insurance (Agents and Brokers) Act 1984 27

Interstate Road Transport Act 1985 27

Judges' Pensions Act 1968 28

Lands Acquisition Act 1989 28

Law Officers Act 1964 29

Life Insurance Act 1995 29

Liquefied Petroleum Gas (Grants) Act 1980 29

Liquid Fuel Emergency Act 1984 29

Loan (Income Equalization Deposits) Act 1976 30

Management and Investment Companies Act 1983 30

Marriage Act 1961 30

Meat Export Charge Collection Act 1984 30

Motor Vehicle Standards Act 1989 30

Mutual Recognition Act 1992 31

Narcotic Drugs Act 1967 31

National Environment Protection Measures (Implementation) Act 1998 31

National Health Act 1953 31

National Measurement Act 1960 31

National Occupational Health and Safety Commission Act 1985 32

National Transmission Network Sale Act 1998 32

Navigation Act 1912 32

Nuclear Non-Proliferation (Safeguards) Act 1987 32

Nursing Homes Assistance Act 1974 33

Offshore Minerals Act 1994 33

Ombudsman Act 1976 33

Ozone Protection Act 1989 34

Papua New Guinea (Staffing Assistance) Act 1973 34

Parliamentary Contributory Superannuation Act 1948 34

Passports Act 1938 34

Patents Act 1990 34

Pay-roll Tax Assessment Act 1941 34

Pay-roll Tax (Territories) Assessment Act 1971 34

Petroleum Excise (Prices) Act 1987 34

Petroleum Resource Rent Tax Assessment Act 1987 35

Petroleum (Submerged Lands) Act 1967 35


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Pooled Development Funds Act 1992 35

Prawn Export Promotion Act 1995 35

Primary Industries Levies and Charges Collection Act 1991 35

Privacy Act 1988 35

Private Health Insurance Incentives Act 1998 36

Product Grants and Benefits Administration Act 2000 36

Protection of Movable Cultural Heritage Act 1986 36

Protection of the Sea (Civil Liability) Act 1981 36

Public Lending Right Act 1985 36

Radiocommunications Act 1992 36

Registration of Deaths Abroad Act 1984 37

Renewable Energy (Electricity) Act 2000 37

Retirement Savings Accounts Act 1997 37

Safety, Rehabilitation and Compensation Act 1988 37

Sales Tax Assessment Act (No. 1) 1930 38

Sales Tax Assessment Act 1992 38

Sea Installations Act 1987 38

Seafarers Rehabilitation and Compensation Act 1992 39

Sex Discrimination Act 1984 39

Shipping Registration Act 1981 39

Ships (Capital Grants) Act 1987 39

Small Superannuation Accounts Act 1995 39

Space Activities Act 1998 40

Spirits Act 1906 40

States Grants (Petroleum Products) Act 1965 40

Stevedoring Levy (Collection) Act 1998 40

Student Assistance Act 1973 40

Superannuation Act 1976 41

Superannuation (Excluded Funds) Taxation Act 1987 41

Superannuation Industry (Supervision) Act 1993 41

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 41

Swimming Pools Tax Refund Act 1992 42

Sydney Airport Curfew Act 1995 42

Taxation (Interest on Overpayments and Early Payments) Act 1983 42

Telecommunications Act 1997 42

Telstra Corporation Act 1991 42

Textile, Clothing and Footwear Strategic Investment Program Act 1999 43

Therapeutic Goods Act 1989 43

Tobacco Advertising Prohibition Act 1992 43

Trade Marks Act 1995 43

Trade Practices Act 1974 44

Tradesmen's Rights Regulation Act 1946 44

Tradex Scheme Act 1999 44

Trans-Tasman Mutual Recognition Act 1997 44

Wildlife Protection (Regulation of Exports and Imports) Act 1982 44

Wool Tax (Administration) Act 1964 45

Aboriginal and Torres Strait Islander Commission Act 1989 46

Aboriginal Councils and Associations Act 1976 46

Acts Interpretation Act 1901 46

Administrative Decisions (Judicial Review) Act 1977 46

Aged or Disabled Persons Care Act 1954 46

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 47

Agricultural and Veterinary Chemicals (Administration) Act 1992 47

Agricultural and Veterinary Chemicals Code Act 1994 47

Air Navigation Act 1920 47

Air Navigation (Charges) Act 1952 47

Airports Act 1996 47

A New Tax System (Australian Business Number) Act 1999 48

Antarctic Marine Living Resources Conservation Act 1981 48

Antarctic Treaty (Environment Protection) Act 1980 48

Archives Act 1983 48

Australia New Zealand Food Authority Act 1991 48

Australian Capital Territory Taxation (Administration) Act 1969 48

Australian Hearing Services Act 1991 48

Australian National Railways Commission Act 1983 49

Australian Sports Drug Agency Act 1990 49

Australian Wine and Brandy Corporation Act 1980 49

Bankruptcy Act 1966 49

Biological Control Act 1984 49

Bounty (Books) Act 1986 50

Bounty (Citric Acid) Act 1991 50

Bounty (Computers) Act 1984 50

Bounty (Machine Tools and Robots) Act 1985 50


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Bounty (Photographic Film) Act 1989 50

Bounty (Ships) Act 1989 50

Chemical Weapons (Prohibition) Act 1994 50

Child Support (Assessment) Act 1989 51

Child Support (Registration and Collection) Act 1988 51

Civil Aviation Act 1988 51

Classification (Publications, Films and Computer Games) Act 1995 51

Coal Industry Act 1946 51

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 51

Commerce (Trade Descriptions) Act 1905 52

Commonwealth Electoral Act 1918 52

Copyright Act 1968 52

Customs Act 1901 52

Dairy Produce Act 1986 53

Debits Tax Administration Act 1982 53

Defence Force (Home Loans Assistance) Act 1990 53

Defence Force Retirement and Death Benefits Act 1973 53

Defence Service Homes Act 1918 53

Designs Act 1906 54

Development Allowance Authority Act 1992 54

Disability Discrimination Act 1992 54

Disability Services Act 1986 54

Distillation Act 1901 54

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 54

Environment Protection and Biodiversity Conservation Act 1999 54

Excise Act 1901 55

Export Expansion Grants Act 1978 55

Export Inspection and Meat Charges Collection Act 1985 55

Export Market Development Grants Act 1997 55

Farm Household Support Act 1992 55

Financial Institutions Supervisory Levies Collection Act 1998 55

First Home Owners Act 1983 55

Fisheries Management Act 1991 55

Freedom of Information Act 1982 56

Great Barrier Reef Marine Park Act 1975 56

Hazardous Waste (Regulation of Exports and Imports) Act 1989 56

Health Insurance Act 1973 56

Hearing Services Administration Act 1997 57

Higher Education Funding Act 1988 57

Home Deposit Assistance Act 1982 57

Home Savings Grant Act 1976 58

Imported Food Control Act 1992 58

Income Tax Assessment Act 1936 58

Income Tax Assessment Act 1997 58

Industrial Chemicals (Notification and Assessment) Act 1989 58

Industrial Research and Development Incentives Act 1976 58

Industry Research and Development Act 1986 59

Insurance Acquisitions and Takeovers Act 1991 59

Insurance Act 1973 59

Insurance (Agents and Brokers) Act 1984 59

Interstate Road Transport Act 1985 59

Lands Acquisition Act 1989 59

Liquefied Petroleum Gas (Grants) Act 1980 60

Liquid Fuel Emergency Act 1984 60

Management and Investment Companies Act 1983 60

Marriage Act 1961 60

Meat Export Charge Collection Act 1984 60

Motor Vehicle Standards Act 1989 61

Mutual Recognition Act 1992 61

National Environment Protection Measures (Implementation) Act 1998 61

National Health Act 1953 61

National Occupational Health and Safety Commission Act 1985 61

Navigation Act 1912 62

Nuclear Non-Proliferation (Safeguards) Act 1987 62

Nursing Homes Assistance Act 1974 62

Offshore Minerals Act 1994 62

Papua New Guinea (Staffing Assistance) Act 1973 63

Parliamentary Contributory Superannuation Act 1948 63

Passports Act 1938 63

Patents Act 1990 63

Pay-roll Tax Assessment Act 1941 63

Petroleum (Submerged Lands) Act 1967 63

Petroleum Excise (Prices) Act 1987 63

Petroleum Resource Rent Tax Assessment Act 1987 64


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Pooled Development Funds Act 1992 64

Prawn Export Promotion Act 1995 64

Primary Industries Levies and Charges Collection Act 1991 64

Privacy Act 1988 64

Protection of Movable Cultural Heritage Act 1986 64

Protection of the Sea (Civil Liability) Act 1981 64

Public Lending Right Act 1985 64

Radiocommunications Act 1992 65

Registration of Deaths Abroad Act 1984 65

Renewable Energy (Electricity) Act 2000 65

Retirement Savings Accounts Act 1997 65

Safety, Rehabilitation and Compensation Act 1988 65

Sea Installations Act 1987 65

Sex Discrimination Act 1984 66

Shipping Registration Act 1981 66

Ships (Capital Grants) Act 1987 66

Small Superannuation Accounts Act 1995 66

Spirits Act 1906 66

Student Assistance Act 1973 66

Superannuation Act 1976 66

Superannuation (Excluded Funds) Taxation Act 1987 66

Superannuation Industry (Supervision) Act 1993 67

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 67

Telecommunications Act 1997 67

Telstra Corporation Act 1991 67

Textile, Clothing and Footwear Strategic Investment Program Act 1999 67

Therapeutic Goods Act 1989 67

Tobacco Advertising Prohibition Act 1992 68

Torres Strait Fisheries Act 1984 68

Trade Marks Act 1995 68

Trade Practices Act 1974 68

Tradesmen's Rights Regulation Act 1946 68

Trans-Tasman Mutual Recognition Act 1997 68

Wildlife Protection (Regulation of Exports and Imports) Act 1982 69

ACIS Administration Act 1999 70

Adelaide Airport Curfew Act 2000 70

Administrative Decisions (Judicial Review) Act 1977 71

Aged Care Act 1997 71

Aged or Disabled Persons Care Act 1954 71

Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994 72

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 72

Agricultural and Veterinary Chemicals (Administration) Act 1992 72

Agricultural and Veterinary Chemicals Code Act 1994 72

Air Navigation Act 1920 73

A New Tax System (Australian Business Number) Act 1999 73

A New Tax System (Bonuses for Older Australians) Act 1999 74

Archives Act 1983 74

Australia New Zealand Food Authority Act 1991 80

Australian Federal Police Act 1979 80

Australian Horticultural Corporation Act 1987 82

Australian Radiation Protection and Nuclear Safety Act 1998 82

Australian Sports Drug Agency Act 1990 82

Australian Wine and Brandy Corporation Act 1980 82

Bankruptcy Act 1966 83

Bounty (Books) Act 1986 83

Bounty (Computers) Act 1984 83

Bounty (Fuel Ethanol) Act 1994 84

Bounty (Machine Tools and Robots) Act 1985 84

Bounty (Ships) Act 1989 84

Broadcasting Services Act 1992 85

Child Support (Assessment) Act 1989 86

Child Support (Registration and Collection) Act 1988 88

Coal Excise Act 1949 88

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 89

Commerce (Trade Descriptions) Act 1905 89

Commonwealth Electoral Act 1918 89

Copyright Act 1968 89

Customs Act 1901 90

Dairy Produce Act 1986 92

Debits Tax Administration Act 1982 93

Defence Act 1903 93

Designs Act 1906 94

Development Allowance Authority Act 1992 95


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Diesel and Alternative Fuels Grants Scheme Act 1999 96

Disability Services Act 1986 96

Distillation Act 1901 96

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 97

Electronic Transactions Act 1999 97

Environmental Reform (Consequential Provisions) Act 1999 97

Environment Protection and Biodiversity Conservation Act 1999 97

Excise Act 1901 98

Export Control Act 1982 98

Export Market Development Grants Act 1997 98

Federal Proceedings (Costs) Act 1981 98

Financial Institutions Supervisory Levies Collection Act 1998 99

Fisheries Management Act 1991 99

Freedom of Information Act 1982 100

Fringe Benefits Tax Assessment Act 1986 106

Great Barrier Reef Marine Park Act 1975 106

Hazardous Waste (Regulation of Exports and Imports) Act 1989 107

Health and Other Services (Compensation) Act 1995 107

Health Insurance Act 1973 108

Hearing Services Administration Act 1997 109

Higher Education Funding Act 1988 109

Horticultural Research and Development Corporation Act 1987 110

Imported Food Control Act 1992 110

Income Tax Assessment Act 1936 110

Income Tax Assessment Act 1997 113

Industrial Chemicals (Notification and Assessment) Act 1989 113

Industry Research and Development Act 1986 114

Insurance Acquisitions and Takeovers Act 1991 115

Insurance Act 1973 116

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 117

Lands Acquisition Act 1989 118

Life Insurance Act 1995 119

Meat Inspection Act 1983 121

Motor Vehicle Standards Act 1989 121

Mutual Recognition Act 1992 121

Narcotic Drugs Act 1967 121

National Crime Authority Act 1984 122

National Health Act 1953 122

Navigation Act 1912 122

Offshore Minerals Act 1994 122

Ombudsman Act 1976 123

Ozone Protection Act 1989 123

Passports Act 1938 123

Pay-roll Tax Assessment Act 1941 124

Pay-roll Tax (Territories) Assessment Act 1971 124

Petroleum Excise (Prices) Act 1987 124

Plant Breeder's Rights Act 1994 124

Prawn Export Promotion Act 1995 127

Primary Industries Levies and Charges Collection Act 1991 127

Privacy Act 1988 127

Private Health Insurance Incentives Act 1998 127

Product Grants and Benefits Administration Act 2000 128

Radiocommunications Act 1992 128

Remuneration and Allowances Act 1990 130

Retirement Savings Accounts Act 1997 130

Safety, Rehabilitation and Compensation Act 1988 131

Seafarers Rehabilitation and Compensation Act 1992 135

Sea Installations Act 1987 141

Ships (Capital Grants) Act 1987 142

Small Superannuation Accounts Act 1995 142

Spirits Act 1906 142

Student Assistance Act 1973 143

Superannuation Act 1976 146

Superannuation Industry (Supervision) Act 1993 146

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987 147

Swimming Pools Tax Refund Act 1992 147

Telecommunications Act 1997 147

Telecommunications (Interception) Act 1979 148

Textile, Clothing and Footwear Strategic Investment Program Act 1999 151

Therapeutic Goods Act 1989 151

Trade Practices Act 1974 152

Tradesmen's Rights Regulation Act 1946 152

Tradex Scheme Act 1999 152


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Trans-Tasman Mutual Recognition Act 1997 152

Part 1--Amendment of Social Security Act 1991 204

Part 2--Amendment of Social Security (Administration) Act 1999 206

Part 1--Amendment of Migration Act 1958 246

Part 2--Amendment of Australian Citizenship Act 1948 321

Part 3--Amendment of Immigration (Guardianship of Children) Act 1946 322

Part 1--Definitions etc. 324

Part 2--Members of the Administrative Appeals Tribunal 327

Part 3--Transfer of evidence, records and documents etc. 330

Part 4--Annual report 331

Part 5--Rights to notice and statements in relation to pre-AAT abolition time decisions 332

Part 6--Applications for ART review of pre-AAT abolition time decisions 337

Part 7--ART continuation of AAT review 339

Part 8--Continuation of other AAT jurisdiction 351

Part 9--Effect of repeal of AAT Act on AAT decisions and Federal Court appeals against such decisions etc. 352

Part 10--Other transitional matters 361

Part 11--Administrative Review Council appointments, performance of functions etc. unaffected by repeal of Part V of AAT Act 362

Part 1--Abolition of Migration Review Tribunal 363

Division 1--Definitions 363

Division 2--Members of the Migration Review Tribunal 363

Division 3--Transfer of evidence, records and documents etc. 364

Division 4--Annual report 364

Division 5--Rights to notice and statements in relation to pre-MRT abolition time decisions reviewable by MRT 365

Division 6--Applications for ART review of pre-MRT abolition time decisions reviewable by MRT 365

Division 7--ART continuation of MRT review 366

Division 8--Effect of repeal of Part 6 of Migration Act 1958 on MRT decisions and Federal Court appeals against such decisions etc. 377

Part 2--Abolition of Refugee Review Tribunal 382

Division 1--Definitions 382

Division 2--Members of the Refugee Review Tribunal 382

Division 3--Transfer of evidence, records and documents etc. 383

Division 4--Annual report 383

Division 5--Rights to notice and statements in relation to pre-RRT abolition time decisions reviewable by RRT 383

Division 6--Applications for ART review of pre-RRT abolition time decisions reviewable by RRT 384

Division 7--ART continuation of RRT review 384

Division 8--Effect of repeal of Part 7 of Migration Act 1958 on RRT decisions and Federal Court appeals against such decisions etc. 393

Part 1--Definitions 398

Part 2--Transfer of records and documents 400

Part 3--Annual report 401

Part 4--Applications for ART review of SSAT reviewable decisions 402

Part 5--ART continuation of SSAT review 404

Part 6--Effect of amendments made by this Act on SSAT decisions etc. 409

Federal Court of Australia Act 1976 415

A Bill for an Act to repeal or amend certain Acts as a consequence of the enactment of the Administrative Review Tribunal Act 2000, and for related purposes

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2000.

2 Commencement (1) This section, section 1, section 3 and Parts 1 and 11 of Schedule 15 commence, or are taken to have commenced, on the day on which the Administrative Review Tribunal Act 2000 receives the Royal Assent.

(2) Subject to this section, the remaining provisions of this Act commence on the day (the jurisdiction commencement day) on which Parts 4 to 10 of the Administrative Review Tribunal Act 2000 commence.

(3) If item 139E of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 has not commenced before the jurisdiction commencement day, item 109 of Schedule 3 to this Act commences immediately after item 139E of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 commences.

(4) If item 140 of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 has not commenced before the jurisdiction commencement day, items 124, 125 and 126 of Schedule 1 and item 101 of Schedule 3 to this Act commence

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immediately after item 140 of Schedule 1 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 commences.

(5) If item 36 of Schedule 2 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 has not commenced before the jurisdiction commencement day, item 460 of Schedule 1 and item 395 of Schedule 3 to this Act commence immediately after item 36 of Schedule 2 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 commences.

(6) If item 50 of Schedule 2 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 has not commenced before the jurisdiction commencement day, items 401 and 402 of Schedule 3 to this Act commence immediately after item 50 of Schedule 2 to the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000 commences.

(7) If item 25 of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act (No. 2) 2000 commences before the jurisdiction commencement day, item 132 of Schedule 1 and item 74 of Schedule 2 to this Act do not commence.

(8) If the Renewable Energy (Electricity) Act 2000 has not commenced before the jurisdiction commencement day, items 463 to 469 of Schedule 1 and items 265 and 266 of Schedule 2 to this Act commence immediately after the Renewable Energy (Electricity) Act 2000 commences.

(9) If the Tradesmen's Rights Regulation Repeal Act 2000 commences before the jurisdiction commencement day, items 569 and 570 of Schedule 1, items 308 and 309 of Schedule 2 and item 577 of Schedule 3 to this Act do not commence.

3 Repeal of Administrative Review Council provisions of Administrative Appeals Tribunal Act Part V of the Administrative Appeals Tribunal Act 1975 is repealed.

4 Repeal of Administrative Appeals Tribunal Act The Administrative Appeals Tribunal Act 1975 is repealed.

5 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

6 Regulations (1) The Governor-General may make regulations:

(a) amending Acts, by making amendments (in addition to the amendments by Schedules to this Act) that are consequential on:

(i) the repeals and amendments made by the Schedules to this Act; and

(ii) the enactment of the Administrative Review Tribunal Act 2000; and

(b) providing for matters of a transitional or saving nature (in addition to those in Schedules 15, 16 and 17) arising from:

(i) any of the repeals or amendments made by the Schedules to this Act or by regulations under paragraph (a); or

(ii) the transition from the Administrative Appeals Tribunal Act 1975 to the Administrative Review Tribunal Act 2000.

(2) For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations under paragraph (1)(a) are to be treated as if they had been made by an Act.

(3) Regulations made under this section within one year after the commencement of this section may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this section.

Schedule 1--Amendment of Acts to replace references to the Administrative Appeals Tribunal with references to the Administrative Review Tribunal

1 Amendment of Acts

The specified provisions of the Acts listed in this Schedule are amended by omitting "Administrative Appeals Tribunal" (wherever occurring) and substituting "Administrative Review Tribunal".

Aboriginal and Torres Strait Islander Commission Act 1989

2 Paragraph 123A(3)(b)

3 Subparagraph 123A(3)(d)(ii)

4 Subsection 196(1)

Note: The heading to section 196 is altered by omitting "Appeals" and substituting "Review".

5 Subsection 196(2)


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6 Subsection 196A(1)

Note: The heading to section 196A is altered by omitting "Appeals" and substituting "Review".

7 Subsection 196A(2)

Aboriginal Councils and Associations Act 1976

8 Subsection 77(1)

9 Subsection 77A(1)

ACIS Administration Act 1999

10 Paragraph 66(d)

11 Section 111

12 Paragraph 113(1)(a)

13 Section 114

Adelaide Airport Curfew Act 2000

14 Subsection 9(7)

15 Subsection 11(7)

Administrative Decisions (Judicial Review) Act 1977

16 Paragraph (y) of Schedule 1

Aged Care Act 1997

17 Section 85-8

Note: The heading to section 85-8 is altered by omitting "AAT" and substituting "ART".

Aged or Disabled Persons Care Act 1954

18 Subsection 10H(1) (definition of Tribunal)

19 Paragraph 10H(6)(b)

20 Paragraph 10H(8)(b)

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

21 Subsection 18(7)

22 Subsection 18(8)

23 Subsection 18(10)

24 Subsection 33(1)

Note: The heading to section 33 is altered by omitting "Appeals" and substituting "Review".

Agricultural and Veterinary Chemicals (Administration) Act 1992

25 Subsection 69D(1B)

26 Paragraph 69D(1C)(a)

Agricultural and Veterinary Chemicals Code Act 1994

27 Paragraph 166(1)(b) of the Schedule

28 Subsection 167(1) of the Schedule

29 Paragraph 168(1)(a) of the Schedule

30 Subsection 183(1) of the Schedule

Note: The heading to section 183 is altered by omitting "Appeals" and substituting "Review".

Aircraft Noise Levy Collection Act 1995

31 Subsection 10(2)

Air Navigation Act 1920

32 Subsection 23A(1)

Note: The heading to section 23A is altered by omitting "Appeals" and substituting "Review".

33 Paragraph 23A(2)(a)

Air Navigation (Charges) Act 1952

34 Subsection 5B(5)

35 Paragraph 5C(1)(b)

36 Subsection 5C(2)

37 Paragraph 6(2)(c)

Airports Act 1996

38 Section 241

39 Subsection 242(1)

Note: The heading to section 242 is altered by omitting "Appeals" and substituting "Review".

40 Subsection 242(3)

41 Subsection 242(6)

Note: The heading to subsection 242(6) is altered by omitting "Appeals" and substituting "Review".

Air Services Act 1995

42 Subsection 73(6)

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A New Tax System (Australian Business Number) Act 1999

43 Subsection 21(1)

44 Subsection 27A(1)

45 Subparagraph 30(3)(c)(iv)

A New Tax System (Bonuses for Older Australians) Act 1999

46 Subsection 53(4)

Note: The heading to subsection 53(4) is altered by omitting "Administrative Appeals Tribunal" and substituting "Administrative Review Tribunal".

Antarctic Marine Living Resources Conservation Act 1981

47 Subsection 23(1)

Antarctic Treaty (Environment Protection) Act 1980

48 Subsection 28(1)

Archives Act 1983

49 Subsection 3(1) (definition of Tribunal)

50 Subsection 43(1)

Note: The heading to section 43 is altered by omitting "Appeals" and substituting "Review".

Australian Capital Territory Taxation (Administration) Act 1969

51 Section 4 (definition of Tribunal)

Australia New Zealand Food Authority Act 1991

52 Paragraph 13A(5)(b)

53 Paragraph 15A(3)(b)

54 Subsection 35(6)

55 Subsection 35(7) (definition of review period)

56 Subsection 63(1)

57 Paragraph 64(1)(c)

58 Paragraph 69(g)

59 Paragraph 69(h)

Australian Film Commission Act 1975

60 Subsection 10(8)

Australian Hearing Services Act 1991

61 Paragraph 65(1)(e)

Note: The heading to section 65 is altered by omitting "Appeals" and substituting "Review".

62 Subsection 65(3)

Australian Meat and Live-stock Industry Act 1997

63 Subsection 14(1)

64 Subsection 20(2)

65 Subsection 22(9)

66 Subsection 23(8)

67 Subsection 24(4)

68 Section 30

Australian National Railways Commission Act 1983

69 Subsection 76(4)

70 Subsection 76(6)

Australian Radiation Protection and Nuclear Safety Act 1998

71 Subsection 40(5)

72 Subsection 42(5)

Australian Sports Drug Agency Act 1990

73 Paragraph 9A(2)(a)

74 Subsection 15(4)

75 Subsection 16(2)

Australian Wine and Brandy Corporation Act 1980

76 Paragraph 8(2C)(a)

77 Subsection 8(2E)

78 Paragraph 8(2G)(a)

79 Paragraph 40X(2)(a)

80 Subsection 40Y(1)

81 Paragraph 40Z(1)(a)

Bankruptcy Act 1966

82 Subsection 139T(11)

83 Subsection 139T(13)

84 Subsection 139T(14)

85 Subsection 139ZE(3)

86 Subsection 139ZE(4)


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87 Section 139ZF

Note: The heading to section 139ZF is altered by omitting "Appeals" and substituting "Review".

88 Paragraph 139ZG(2)(c)

89 Subparagraph 149F(1)(a)(ii)

90 Paragraph 149N(2)(a)

91 Subsection 149P(3)

92 Subsection 149P(4)

93 Section 149Q

Note: The heading to section 149Q is altered by omitting "Appeals" and substituting "Review".

94 Paragraph 149ZG(2)(b)

95 Subsection 149ZK(2)(a)

96 Subsection 149ZL(3)

97 Subsection 149ZL(4)

98 Section 149ZM

Note: The heading to section 149ZM is altered by omitting "Appeals" and substituting "Review".

99 Subsection 155A(7)

100 Subsection 155F(3)

101 Subsection 155I(5)

102 Subsection 185E(4)

103 Paragraph 282(2)(d)

104 Paragraph 283(2)(d)

105 Paragraph 305(1)(aa)

Biological Control Act 1984

106 Subsection 56(1)

Bounty and Capitalisation Grants (Textile Yarns) Act 1981

107 Section 21

Bounty (Bed Sheeting) Act 1977

108 Section 21

Bounty (Books) Act 1986

109 Subsection 33(1)

110 Subsection 34(1)

Bounty (Citric Acid) Act 1991

111 Subsection 28(1)

112 Subsection 29(1)

Bounty (Computers) Act 1984

113 Subsection 32(1)

114 Subsection 33(1)

Bounty (Machine Tools and Robots) Act 1985

115 Subsection 40(1)

116 Subsection 41(1)

Bounty (Photographic Film) Act 1989

117 Subsection 29(1)

118 Subsection 30(1)

Bounty (Printed Fabrics) Act 1981

119 Section 21

Bounty (Ships) Act 1989

120 Subsection 31(1)

121 Subsection 32(1)

Broadcasting Services Act 1992

122 Section 204

Note: The heading to section 204 is altered by omitting "Appeals" and substituting "Review".

123 Paragraph 205(b)

124 Paragraph 57(5)(a) of Schedule 6

125 Clause 58 of Schedule 6

Note: The heading to clause 58 is altered by omitting "Appeals" and substituting "Review".

126 Paragraph 59(b) of Schedule 6

Chemical Weapons (Prohibition) Act 1994

127 Subsection 26(3)

128 Subsection 27(1)

Child Support (Registration and Collection) Act 1988

129 Subsection 4(1) (definition of Tribunal)


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Civil Aviation Act 1988

130 Subsection 31(2)

131 Subsection 31(3)

Classification (Publications, Films and Computer Games) Act 1995

132 Subsection 16(3)

133 Section 86

Note: The heading to section 86 is altered by omitting "AAT" and substituting "ART".

134 Subsection 91(3)

Coal Excise Act 1949

135 Section 27A

Coal Industry Act 1946

136 Subsection 24(2)

137 Subsection 24(3)

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

138 Paragraph 8(5)(a)

139 Subsection 8(7)

Commerce (Trade Descriptions) Act 1905

140 Subsection 15(1)

Commonwealth Electoral Act 1918

141 Subsection 96(6)

142 Paragraph 104(9)(a)

143 Subsection 120(8)

144 Subsection 121(1)

Note: The heading to section 121 is altered by omitting "Appeals" and substituting "Review".

145 Section 127

146 Subsection 141(5)

147 Paragraph 141(8)(b)

148 Subsection 141(9)

Complaints (Australian Federal Police) Act 1981

149 Subsection 27A(1)

Note: The heading to section 27A is altered by omitting "AAT" and substituting "ART".

150 Subsection 28(1)

Note: The heading to section 28 is altered by omitting "AAT" and substituting "ART".

Copyright Act 1968

151 Paragraph 195B(2)(b)

152 Subsection 195B(5)

Crimes (Taxation Offences) Act 1980

153 Subsection 13(3)

154 Subsection 14(3)

155 Subsection 15(3)

156 Subsection 16(3)

157 Subsection 17(3)

158 Subsection 18(3)

159 Subsection 19(3)

160 Subsection 20(3)

Customs Act 1901

161 Paragraph 67EM(5)(b)

162 Subsection 77F(1) (definition of Tribunal)

163 Paragraph 164AD(5)(a)

164 Paragraph 164AD(6)(b)

165 Paragraph 164AF(3)(a)

166 Paragraph 243T(4)(a)

167 Subsection 243U(5)

168 Paragraph 269N(1)(b)

169 Paragraph 269SD(2)(b)

170 Subsection 269SHA(1)

Note: The heading to section 269SHA is replaced by the heading "Administrative Review Tribunal review of reconsideration decisions".

171 Subsection 269SHA(5)

172 Subsection 273GA(1)

173 Subsection 273H(1)

174 Subsection 273HA(1)

175 Subsection 273J(1)

176 Subsection 273JA(1)


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177 Subsection 273K(1)

Dairy Produce Act 1986

178 Subsection 56(6)

179 Subsection 118(11)

180 Paragraph 118(12)(b)

181 Subsection 118(13)

182 Paragraph 25(1)(c) of Schedule 2

183 Subclause 25(4) of Schedule 2

184 Paragraph 26(1)(d) of Schedule 2

185 Subclause 26(2) of Schedule 2

186 Subclause 130(5) of Schedule 2

187 Paragraph 130(6)(b) of Schedule 2

188 Subclause 130(7) of Schedule 2

Debits Tax Administration Act 1982

189 Subsection 3(1) (definition of Tribunal)

Defence Force (Home Loans Assistance) Act 1990

190 Paragraph 34(1)(c)

Note: The heading to section 34 is altered by omitting "Appeals" and substituting "Review".

191 Subsection 34(3)

Defence Force Retirement and Death Benefits Act 1973

192 Subsection 99(6)

Defence Service Homes Act 1918

193 Paragraph 44(1)(e)

Note: The heading to section 44 is altered by omitting "Appeals" and substituting "Review".

194 Subsection 44(3)

Designs Act 1906

195 Subsection 40K(1)

Note: The heading to section 40K is altered by omitting "Appeals" and substituting "Review".

196 Paragraph 40K(2)(a)

Diesel and Alternative Fuels Grants Scheme Act 1999

197 Subsection 16B(4) (paragraph (b) of the definition of decision to which this section applies)

198 Subparagraph 46(3)(c)(iv)

Diesel Fuel Taxation (Administration) Act 1957

199 Section 21A

Disability Discrimination Act 1992

200 Section 56

Note: The heading to section 56 is altered by omitting "Appeals" and substituting "Review".

201 Paragraph 57(1)(d)

Disability Services Act 1986

202 Subsection 26(6)

Distillation Act 1901

203 Subsection 82B(1)

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991

204 Subsection 14(1)

205 Paragraph 14(2)(a)

206 Paragraph 14(2)(b)

Environment Protection (Sea Dumping) Act 1981

207 Subsection 24(1)

Environment Protection and Biodiversity Conservation Act 1999

208 Section 206A

209 Section 221A

210 Section 243A

211 Section 263A

212 Paragraph 472(2)(a)

213 Subsection 473(1)

Note: The heading to section 473 is altered by omitting "Appeals" and substituting "Review".

Environmental Reform (Consequential Provisions) Act 1999

214 Subitem 9(1) of Schedule 2

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Excise Act 1901

215 Paragraph 78AE(5)(a)

216 Paragraph 78AE(6)(b)

217 Paragraph 78AG(3)(a)

218 Subsection 162C(1)

219 Subsection 162C(2)

220 Subsection 165A(13)

221 Subsection 165A(14)

222 Paragraph 165A(14)(a)

Export Expansion Grants Act 1978

223 Subsection 17(6)

Export Inspection and Meat Charges Collection Act 1985

224 Subsection 16(6)

225 Paragraph 16(7)(b)

226 Subsection 16(8)

Export Market Development Grants Act 1997

227 Section 99

Note 1: The heading to section 99 is altered by omitting "AAT" and substituting "ART".

Note 2: The Reader's Guide (Related legislation) is altered by omitting "Administrative Affairs Tribunal" and substituting "Administrative Review Tribunal".

Federal Proceedings (Costs) Act 1981

228 Subsection 3(1) (paragraph (g) of the definition of Federal appeal)

229 Subsection 3(1) (subparagraph (ga)(i) of the definition of Federal appeal)

230 Subsection 18(2A)

231 Schedule

Film Licensed Investment Company Act 1998

232 Section 42

Financial Institutions Supervisory Levies Collection Act 1998

233 Subsection 27(6)

234 Subsection 27(8)

235 Subsection 27(9)

236 Paragraph 28(1)(b)

237 Subsection 28(2)

Financial Sector (Transfers of Business) Act 1999

238 Section 45

First Home Owners Act 1983

239 Subsection 27(5)

240 Paragraph 28(1)(b)

241 Subsection 28(2)

Fisheries Management Act 1991

242 Subsection 50(2)

243 Subsection 157(1)

244 Subsection 157(2)

245 Subsection 165(7)

Note: The heading to section 165 is altered by omitting "Appeals" and substituting "Review".

246 Subsection 165(8)

247 Paragraph 165(11)(b)

248 Subsection 165(12)

Freedom of Information Act 1982

249 Subsection 4(1) (definition of Tribunal)

250 Subsection 55(1)

Note: The heading to section 55 is altered by omitting "Appeals" and substituting "Review".

Fringe Benefits Tax Assessment Act 1986

251 Subsection 136(1) (definition of Tribunal)

Gift Duty Assessment Act 1941

252 Section 4 (definition of Tribunal)

Governor-General Act 1974

253 Section 4B

Great Barrier Reef Marine Park Act 1975


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254 Subsection 59G(2)

255 Paragraph 59G(3)(b)

Hazardous Waste (Regulation of Exports and Imports) Act 1989

256 Section 57

257 Paragraph 58(1)(a)

258 Paragraph 58(1)(b)

Health and Other Services (Compensation) Act 1995

259 Subsection 33G(1)

Note: The heading to section 33G is altered by omitting "Appeals" and substituting "Review".

Health Insurance Act 1973

260 Subsection 3K(6)

261 Subsection 19AC(6)

262 Paragraph 19CA(5)(b)

263 Subsection 19CA(8)

264 Subsection 20AD(5)

265 Paragraph 20DC(10)(d)

266 Paragraph 23DC(11)(b)

267 Paragraph 23DF(11)(d)

268 Paragraph 23DF(12)(b)

269 Subsection 23DL(9)

270 Subsection 23DN(7)

271 Subsection 23DO(4)

272 Subsection 23DO(5)

273 Section 23DZD

274 Subsection 23DZE(1)

275 Subsection 23EB(1)

276 Subsection 124Q(2)

277 Section 124R

Note: The heading to section 124R is altered by omitting "Appeals" and substituting "Review".

278 Subsection 124S(1)

279 Subsection 124T(3)

Hearing Services Administration Act 1997

280 Section 28

281 Subparagraph 30(1)(b)(i)

282 Paragraph 34(1)(a)

283 Section 35

Note: The heading to section 35 is altered by omitting "Appeals" and substituting "Review".

Higher Education Funding Act 1988

284 Subsection 50(1)

285 Subsection 78(6)

286 Subsection 106M(6)

Note: The heading to section 106M is altered by omitting "Appeals" and substituting "Review".

287 Paragraph 106MA(1)(a)

288 Subsection 106MA(2)

289 Paragraph 106MA(6)(a)

290 Subsection 106X(1)

Home Deposit Assistance Act 1982

291 Paragraph 48(3)(b)

292 Subsection 48(4)

293 Section 49

Note: The heading to section 49 is altered by omitting "Appeals" and substituting "Review".

Home Savings Grant Act 1976

294 Paragraph 39A(3)(b)

295 Subsection 39A(4)

296 Section 40

Note: The heading to section 40 is altered by omitting "Appeals" and substituting "Review".

Imported Food Control Act 1992

297 Subsection 42(3)

298 Paragraph 42(8)(b)

299 Subparagraph 42(9)(b)(ii)

300 Subsection 42(11)

Income Tax Assessment Act 1936

301 Subsection 6(1) (definition of Tribunal)

302 Subsection 221ZXE(6)

Note: The heading to subsection 221ZXE(6) is altered by omitting "AAT"

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and substituting "ART".

303 Paragraph 221ZXE(7)(a)

Industrial Chemicals (Notification and Assessment) Act 1989

304 Section 5 (definition of Tribunal)

305 Subsection 80QC(7)

306 Paragraph 103(1)(a)

Industrial Research and Development Incentives Act 1976

307 Subsection 41(6)

308 Paragraph 41A(1)(b)

309 Subsection 41A(2)

Industry Research and Development Act 1986

310 Paragraph 39PA(4)(a)

311 Subparagraph 39PA(4)(b)(i)

312 Subsection 39S(8)

313 Subsection 39T(1)

Note: The heading to section 39T is altered by omitting "Appeals" and substituting "Review".

314 Subsection 39T(4)

315 Paragraph 39U(1)(b)

316 Subsection 39U(2)

317 Paragraph 39U(3)(a)

Insurance Act 1973

318 Subsection 63(7)

319 Paragraph 64(1)(b)

320 Subsection 64(2)

Insurance Acquisitions and Takeovers Act 1991

321 Subsection 67(1)

Note: The heading to section 67 is altered by omitting "Appeals" and substituting "Review".

322 Subsection 67(7)

323 Paragraph 68(1)(b)

324 Subsection 68(2)

Insurance (Agents and Brokers) Act 1984

325 Subsection 42(1)

326 Subsection 43(1)

Interstate Road Transport Act 1985

327 Subsection 51(6)

328 Paragraph 51(7)(b)

329 Subsection 51(8)

Judges' Pensions Act 1968

330 Section 17A

Lands Acquisition Act 1989

331 Section 6 (definition of Tribunal)

332 Paragraph 22(6)(b)

333 Subsection 28(1)

334 Subsection 29(1)

Note: The heading to section 29 is altered by omitting "Appeals" and substituting "Review".

335 Subsection 30(1)

336 Subsection 31(1)

337 Subsection 32(1)

338 Subsection 33(1)

Note: The heading to section 33 is altered by omitting "Appeals" and substituting "Review".

339 Paragraph 43(4)(a)

340 Paragraph 43(5)(a)

341 Subsection 47(6)

342 Subsection 71(1)

Note: The heading to section 71 is altered by omitting "Appeals" and substituting "Review".

343 Paragraph 72(1)(b)

344 Paragraph 74(1)(a)

345 Subsection 81(1)

Note: The heading to section 81 is altered by omitting "Appeals" and substituting "Review".

346 Paragraph 87(2)(c)

347 Subsection 99(1)

Note: The heading to section 99 is altered by omitting "Appeals" and substituting "Review".

348 Paragraph 100(1)(b)

349 Subsection 107(1)


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Note: The heading to section 107 is altered by omitting "Appeals" and substituting "Review".

350 Subsection 121(5)

351 Subsection 121(7)

352 Subsection 129(2)

353 Paragraph 139(2)(d)

Law Officers Act 1964

354 Subsection 16(11)

355 Subsection 16A(5)

Life Insurance Act 1995

356 Subsection 236(8)

Liquefied Petroleum Gas (Grants) Act 1980

357 Section 15

358 Subsection 15A(1)

Liquid Fuel Emergency Act 1984

359 Subsection 17(6)

360 Subsection 44(6)

361 Paragraph 44(7)(b)

362 Subsection 44(8)

Loan (Income Equalization Deposits) Act 1976

363 Subsection 20C(3)

364 Paragraph 20C(4)(a)

365 Subsection 22(3)

366 Subsection 24(6)

367 Subsection 25(1)

Management and Investment Companies Act 1983

368 Paragraph 19(2)(b)

369 Section 47

370 Subsection 48(1)

Marriage Act 1961

371 Subsection 34(1)

Meat Export Charge Collection Act 1984

372 Subsection 12A(6)

373 Paragraph 12B(2)(b)

374 Subsection 12B(3)

Motor Vehicle Standards Act 1989

375 Subsection 39(1)

376 Paragraph 40(1)(a)

Mutual Recognition Act 1992

377 Subsection 4(1) (definition of Tribunal)

Narcotic Drugs Act 1967

378 Subsection 14A(1)

Note: The heading to section 14A is altered by omitting "Appeals" and substituting "Review".

National Environment Protection Measures (Implementation) Act 1998

379 Subsection 34(1)

Note: The heading to section 34 is altered by omitting "Appeals" and substituting "Review".

National Health Act 1953

380 Paragraph 45DC(3)(b)

381 Subsection 84H(4)

382 Section 105AA (definition of Tribunal)

383 Paragraph 105AAB(9)(b)

384 Subsection 105AC(1)

385 Paragraph 105AC(1A)(b)

386 Subsection 105AC(1B)

National Measurement Act 1960

387 Subsection 18Z(7)

388 Section 18ZK

National Occupational Health and Safety Commission Act 1985

389 Subsection 63(7)

390 Subsection 63(8)

National Transmission Network Sale Act 1998


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391 Subsection 18(4)

392 Subsection 22(3)

Navigation Act 1912

393 Section 377B

394 Section 377C

395 Section 377D

396 Section 377E

397 Section 377F

398 Section 377G

399 Section 377H

400 Section 377J

401 Section 377K

402 Section 377L

403 Paragraph 377M(1)(b)

404 Paragraph 377M(2)(a)

Nuclear Non-Proliferation (Safeguards) Act 1987

405 Subsection 13(8)

406 Subsection 16(7)

407 Subsection 18(5)

408 Subsection 22(2)

409 Subsection 22(4)

410 Subsection 22(5)

411 Subsection 73(7)

Nursing Homes Assistance Act 1974

412 Subsection 11A(7)

413 Paragraph 11B(1)(b)

414 Subsection 11B(2)

Offshore Minerals Act 1994

415 Paragraph 407(6)(b)

416 Subsection 407(9)

Ombudsman Act 1976

417 Paragraph 3(18)(c)

418 Paragraph 10(3)(a)

419 Subsection 10A(1)

Note: The heading to section 10A is altered by omitting "AAT" and substituting "ART".

420 Subsection 11(1)

Note: The heading to section 11 is altered by omitting "AAT" and substituting "ART".

421 Paragraph 16(5)(c)

Ozone Protection Act 1989

422 Section 66

Papua New Guinea (Staffing Assistance) Act 1973

423 Subsection 54(6)

Parliamentary Contributory Superannuation Act 1948

424 Subsection 25(6)

Passports Act 1938

425 Subsection 11A(5)

426 Subsection 11A(8)

427 Subsection 11B(1)

428 Paragraph 11B(2)(b)

Patents Act 1990

429 Subsection 224(1)

430 Subsection 224(2)

Pay-roll Tax Assessment Act 1941

431 Subsection 3(1) (definition of Tribunal)

Pay-roll Tax (Territories) Assessment Act 1971

432 Subsection 4(1) (definition of Tribunal)

Petroleum Excise (Prices) Act 1987

433 Subsection 12(6)

434 Paragraph 13(1)(b)

435 Subsection 13(2)

Petroleum Resource Rent Tax Assessment Act 1987

436 Section 2 (definition of Tribunal)

Petroleum (Submerged Lands) Act 1967


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437 Subsection 152(7)

438 Paragraph 152(8)(b)

439 Subsection 152(9)

Pooled Development Funds Act 1992

440 Paragraph 55(7)(c)

441 Subsection 56(1)

Note: The heading to section 56 is altered by omitting "Appeals" and substituting "Review".

Prawn Export Promotion Act 1995

442 Subsection 26(6)

443 Paragraph 26(7)(b)

444 Subsection 26(8)

Primary Industries Levies and Charges Collection Act 1991

445 Subsection 28(5)

446 Paragraph 28(6)(b)

447 Subsection 28(7)

Privacy Act 1988

448 Subsection 61(1)

449 Paragraph 62(5)(b)

450 Subsection 95(5)

Private Health Insurance Incentives Act 1998

451 Section 19-10

Note: The heading to section 19-10 is altered by omitting "Appeals" and substituting "Review".

Product Grants and Benefits Administration Act 2000

452 Subparagraph 47(3)(c)(iii)

Protection of Movable Cultural Heritage Act 1986

453 Subsection 48(1)

Note: The heading to section 48 is altered by omitting "Appeals" and substituting "Review".

454 Subsection 48(2)

Protection of the Sea (Civil Liability) Act 1981

455 Subsection 19(1)

456 Subsection 19(2)

Public Lending Right Act 1985

457 Subsection 20(8)

458 Paragraph 21(1)(b)

459 Subsection 21(2)

Radiocommunications Act 1992

460 Paragraph 128E(5)(a)

Registration of Deaths Abroad Act 1984

461 Subsection 27(1)

462 Subsection 27(2)

Renewable Energy (Electricity) Act 2000

463 Subsection 57(6)

464 Paragraph 60(a)

465 Section 60 (note)

466 Section 61

467 Paragraph 61(a)

468 Subsection 66(5)

469 Paragraph 132(b)

Retirement Savings Accounts Act 1997

470 Subsection 189(7)

Note: The heading to subsection 189(7) is altered by omitting "AAT" and substituting "ART".

471 Paragraph 190(1)(b)

472 Subsection 190(2)

Safety, Rehabilitation and Compensation Act 1988

473 Subsection 28(4)

474 Paragraph 63(c)

475 Subsection 64(1)

Note: The heading to section 64 is altered by omitting "Appeals" and substituting "Review".

476 Paragraph 66(1)(a)

Note: The heading to section 66 is replaced by the heading "Evidence".


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477 Subsection 66(2)

478 Subsection 66(3)

479 Paragraph 67(3)(e)

Note: The heading to section 67 is replaced by the heading "Costs".

480 Paragraph 67(4)(e)

481 Subsection 67(7)

482 Subsection 67(8)

483 Subsection 67(8A)

484 Subsection 67(8B)

485 Subsection 67(9)

486 Subsection 67(10)

487 Subsection 67(11)

488 Subsection 67(12)

489 Subsection 67(13)

Sales Tax Assessment Act (No. 1) 1930

490 Subsection 3(1) (definition of Tribunal)

Sales Tax Assessment Act 1992

491 Subparagraph 110(3)(c)(iii)

Sea Installations Act 1987

492 Paragraph 30(2)(b)

493 Subparagraph 54(2)(b)(i)

494 Paragraph 67(2)(a)

495 Subsection 75(1)

496 Paragraph 76(1)(a)

Seafarers Rehabilitation and Compensation Act 1992

497 Subsection 42(4)

498 Paragraph 130(4)(b)

Sex Discrimination Act 1984

499 Section 45

Note: The heading to section 45 is altered by omitting "Appeals" and substituting "Review".

500 Paragraph 46(1)(d)

Shipping Registration Act 1981

501 Subsection 78(2)

502 Subsection 78(3)

Ships (Capital Grants) Act 1987

503 Subsection 38(1)

504 Subsection 39(1)

Small Superannuation Accounts Act 1995

505 Subparagraph 58(3)(b)(ii)

506 Section 80

507 Section 83

Note: The heading to section 83 is altered by omitting "AAT" and substituting "ART".

508 Paragraph 85(1)(b)

509 Subsection 85(2)

Space Activities Act 1998

510 Section 61

511 Subsection 109(5)

Spirits Act 1906

512 Subsection 20(2)

States Grants (Petroleum Products) Act 1965

513 Subsection 5(3A)

Stevedoring Levy (Collection) Act 1998

514 Subsection 12(4)

Student Assistance Act 1973

515 Subsection 12ZQ(1)

516 Subsection 12ZU(6)

517 Subsection 43E(2)

Note: The heading to subsection 43E(2) is altered by omitting "Appeals" and substituting "Review".

518 Subsection 303(2)

519 Paragraph 303(6)(b)

520 Subsection 325(1)

Note: The heading to section 325 is altered by omitting "AAT" and substituting "ART".


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521 Subsection 325(2)

522 Paragraph 325(3)(a)

523 Subsection 326A(1)

Note: The heading to section 326A is altered by omitting "Appeals" and substituting "Review".

524 Subsection 326A(2)

Superannuation Act 1976

525 Subsection 154(6)

Superannuation (Excluded Funds) Taxation Act 1987

526 Subsection 16(6)

527 Paragraph 17(1)(b)

528 Subsection 17(2)

Superannuation Industry (Supervision) Act 1993

529 Paragraph 131(4B)(b)

530 Subsection 344(8)

Note: The heading to subsection 344(8) is altered by omitting "AAT" and substituting "ART".

531 Subsection 344(11)

532 Paragraph 345(1)(b)

533 Subsection 345(2)

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987

534 Subsection 16(6)

535 Subsection 16(9)

536 Paragraph 17(1)(b)

537 Subsection 17(2)

Swimming Pools Tax Refund Act 1992

538 Subsection 4(7)

Sydney Airport Curfew Act 1995

539 Subsection 12(7)

Taxation (Interest on Overpayments and Early Payments) Act 1983

540 Subsection 3(1) (definition of Tribunal)

Telecommunications Act 1997

541 Section 554

542 Subparagraph 557(1)(b)(i)

543 Paragraph 561(1)(a)

544 Section 562

Note: The heading to section 562 is altered by omitting "Appeals" and substituting "Review".

545 Subclause 35(1) of Schedule 3

Note: The heading to clause 35 of Schedule 3 is altered by omitting "Appeals" and substituting "Review".

546 Subclause 35(2) of Schedule 3

Telstra Corporation Act 1991

547 Subsection 8CA(1)

Note: The heading to section 8CA is altered by omitting "Appeals" and substituting "Review".

548 Subsection 8CA(2)

Textile, Clothing and Footwear Strategic Investment Program Act 1999

549 Paragraph 22(1)(c)

550 Subsection 22(4)

551 Paragraph 23(1)(d)

552 Subsection 23(2)

Therapeutic Goods Act 1989

553 Subsection 6B(1)

554 Paragraph 6B(2)(a)

555 Paragraph 60(6)(b)

556 Subsection 60(8)

557 Subsection 60A(3)

558 Paragraph 60A(5)(a)

Tobacco Advertising Prohibition Act 1992

559 Section 30

Trade Marks Act 1995

560 Subsection 175(5)

561 Subsection 178(5)

562 Subsection 180(4)


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563 Subsection 224(7)

564 Subsection 227(1)

Note: The heading to section 227 is altered by omitting "Appeals" and substituting "Review".

565 Paragraph 227(1)(b)

566 Subsection 228A(7)

Trade Practices Act 1974

567 Subsection 10.84(1)

568 Paragraph 10.85(1)(a)

Tradesmen's Rights Regulation Act 1946

569 Subsection 51A(7)

570 Paragraph 51A(9)(a)

Tradex Scheme Act 1999

571 Subsection 39(8) (note 2)

572 Section 40

Note: The heading to section 40 is altered by omitting "Appeals" and substituting "Review".

Trans-Tasman Mutual Recognition Act 1997

573 Subsection 4(1) (definition of Australian Tribunal)

Omit "Appeals", substitute "Review".

Wildlife Protection (Regulation of Exports and Imports) Act 1982

574 Subsection 52(2)

575 Subsection 52(3)

576 Subsection 80(1)

577 Subsection 80(2)

578 Subsection 80(3)

Wool Tax (Administration) Act 1964

579 Subsection 4(1) (definition of Tribunal)

Schedule 2--Amendment of Acts to replace references to the Administrative Appeals Tribunal Act 1975 with references to the Administrative Review Tribunal Act 2000

1 Amendment of Acts

The specified provisions of the Acts listed in this Schedule are amended by omitting "Administrative Appeals Tribunal Act 1975" and substituting "Administrative Review Tribunal Act 2000".

Aboriginal and Torres Strait Islander Commission Act 1989

2 Subsection 121(2)

3 Subsection 143R(2)

4 Subsection 196(2)

5 Subsection 196A(2)

Aboriginal Councils and Associations Act 1976

6 Subsection 77(2) (definition of decision)

7 Subsection 77A(1)

Acts Interpretation Act 1901

8 Paragraph 46A(f)

Administrative Decisions (Judicial Review) Act 1977

9 Paragraph (y) of Schedule 1

Aged or Disabled Persons Care Act 1954

10 Subsection 10H(1) (definition of decision)

11 Paragraph 10H(6)(b)

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

12 Subsection 16(11)

Agricultural and Veterinary Chemicals (Administration) Act 1992

13 Paragraph 69D(1C)(a)

Agricultural and Veterinary Chemicals Code Act 1994

14 Subsection 167(3) of the Schedule

15 Subsection 167(4) of the Schedule (definition of decision)

16 Paragraph 168(1)(a) of the Schedule

Air Navigation Act 1920

17 Paragraph 23A(2)(a)

Air Navigation (Charges) Act 1952


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18 Subsection 2(1) (definition of decision)

19 Paragraph 5C(1)(b)

20 Subsection 5C(2)

Airports Act 1996

21 Subsection 242(3)

22 Subsection 242(5) (definition of decision)

A New Tax System (Australian Business Number) Act 1999

23 Paragraph 22(1)(c)

24 Paragraph 27B(1)(c)

Antarctic Marine Living Resources Conservation Act 1981

25 Subsection 23(2) (definition of decision)

Antarctic Treaty (Environment Protection) Act 1980

26 Subsection 28(2)

Archives Act 1983

27 Subsection 47(1)

28 Subsection 52(2)

Australia New Zealand Food Authority Act 1991

29 Subsection 35(7) (definition of decision)

30 Subsection 63(1)

31 Subsection 63(2)

32 Paragraph 64(1)(c)

Australian Capital Territory Taxation (Administration) Act 1969

33 Subsection 76B(2)

34 Subsection 76C(2)

Australian Hearing Services Act 1991

35 Paragraph 65(1)(e)

36 Subsection 65(3)

37 Subsection 65(4) (definition of decision)

Australian National Railways Commission Act 1983

38 Subsection 76(4)

Australian Sports Drug Agency Act 1990

39 Subsection 17G(6)

Australian Wine and Brandy Corporation Act 1980

40 Paragraph 8(2C)(a)

41 Paragraph 40X(2)(a)

Bankruptcy Act 1966

42 Subsection 139T(11)

43 Subsection 139ZE(3)

44 Subsection 139ZE(4)

45 Subparagraph 149F(1)(a)(ii)

46 Subsection 149P(3)

47 Subsection 149P(4)

48 Paragraph 149ZG(2)(b)

49 Subsection 149ZL(3)

50 Subsection 149ZL(4)

Biological Control Act 1984

51 Subsection 56(2)

Bounty (Books) Act 1986

52 Subsection 33(3)

53 Subsection 34(1)

Bounty (Citric Acid) Act 1991

54 Subsection 28(2)

55 Subsection 29(1)

Bounty (Computers) Act 1984

56 Subsection 32(3)

57 Subsection 33(1)

Bounty (Machine Tools and Robots) Act 1985

58 Subsection 40(3)

59 Subsection 41(1)

Bounty (Photographic Film) Act 1989

60 Subsection 29(2)

61 Subsection 30(1)

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Bounty (Ships) Act 1989

62 Subsection 31(3)

63 Subsection 32(1)

Chemical Weapons (Prohibition) Act 1994

64 Subsection 26(3)

65 Subsection 27(2) (definition of decision)

Child Support (Assessment) Act 1989

66 Subsection 98ZE(8)

67 Subsection 98ZF(2)

Child Support (Registration and Collection) Act 1988

68 Subsection 91(6)

69 Paragraph 96(1)(b)

70 Subsection 99(2)

71 Subsection 101(6)

Civil Aviation Act 1988

72 Subsection 31(1) (definition of decision)

73 Subsection 31(3)

Classification (Publications, Films and Computer Games) Act 1995

74 Subsection 16(3)

75 Subsection 91(3)

Coal Industry Act 1946

76 Subsection 24(2)

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

77 Paragraph 8(5)(a)

78 Subsection 8(7)

79 Subsection 8(8) (definition of decision)

Commerce (Trade Descriptions) Act 1905

80 Subsection 15(2) (definition of decision)

Commonwealth Electoral Act 1918

81 Subsection 96(6)

82 Subsection 120(8)

83 Subsection 121(2)

84 Subsection 141(1) (definition of decision)

85 Paragraph 141(8)(b)

86 Subsection 141(9)

Copyright Act 1968

87 Paragraph 195B(2)(b)

88 Subsection 195B(8) (definition of decision)

Customs Act 1901

89 Subsection 269SHA(5)

90 Subsection 273GA(8)

91 Subsection 273H(2)

92 Subsection 273HA(2)

93 Subsection 273J(2)

94 Subsection 273JA(2)

95 Subsection 273K(1)

Dairy Produce Act 1986

96 Subsection 118(1) (definition of decision)

97 Paragraph 118(12)(b)

98 Subsection 118(13)

99 Paragraph 26(1)(d) of Schedule 2

100 Subclause 26(2) of Schedule 2

101 Paragraph 130(6)(b) of Schedule 2

102 Subclause 130(7) of Schedule 2

Debits Tax Administration Act 1982

103 Subsection 25A(2)

104 Subsection 25B(2)

Defence Force (Home Loans Assistance) Act 1990

105 Paragraph 34(1)(c)

106 Subsection 34(3)

107 Subsection 34(4) (definition of decision)

Defence Force Retirement and Death Benefits Act 1973


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108 Subsection 99(1) (definition of decision)

Defence Service Homes Act 1918

109 Paragraph 44(1)(e)

110 Subsection 44(3)

111 Subsection 44(4) (definition of decision)

Designs Act 1906

112 Paragraph 40K(2)(a)

113 Subsection 40K(5) (definition of decision)

Development Allowance Authority Act 1992

114 Paragraph 121(1)(b)

115 Subsection 121(2)

Disability Discrimination Act 1992

116 Paragraph 57(1)(d)

Disability Services Act 1986

117 Subsection 26(1)

Distillation Act 1901

118 Subsection 82B(2)

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991

119 Paragraph 14(2)(a)

Environment Protection and Biodiversity Conservation Act 1999

120 Paragraph 472(2)(a)

Excise Act 1901

121 Subsection 162C(5)

Export Expansion Grants Act 1978

122 Subsection 17(1) (definition of decision)

Export Inspection and Meat Charges Collection Act 1985

123 Subsection 16(1) (definition of decision)

124 Paragraph 16(7)(b)

125 Subsection 16(8)

Export Market Development Grants Act 1997

126 Subsection 83(3) (definition of court)

Note: The Reader's Guide (Related legislation) is altered by omitting "Administrative Appeals Tribunal Act 1975" and substituting "Administrative Review Tribunal Act 2000".

Farm Household Support Act 1992

127 Subsection 3(2) (definition of decision)

Financial Institutions Supervisory Levies Collection Act 1998

128 Paragraph 28(1)(b)

129 Subsection 28(2)

First Home Owners Act 1983

130 Subsection 27(6)

Fisheries Management Act 1991

131 Subsection 19(5)

132 Subsection 165(1) (definition of decision)

Note: The heading to section 165 is altered by omitting "Appeals" and substituting "Review".

133 Paragraph 165(11)(b)

134 Subsection 165(12)

Freedom of Information Act 1982

135 Subsection 58C(1)

Great Barrier Reef Marine Park Act 1975

136 Paragraph 39N(1)(b)

137 Subsection 39N(2)

138 Subsection 59G(1) (definition of decision)

Note: The heading to section 59G is altered by omitting "Appeals" and substituting "Review".

139 Subsection 59G(2)

140 Paragraph 59G(3)(b)

Hazardous Waste (Regulation of Exports and Imports) Act 1989

141 Paragraph 58(1)(a)

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Health Insurance Act 1973

142 Subsection 19CA(1) (definition of decision)

143 Paragraph 19CA(5)(b)

144 Subsection 19CA(8)

145 Subsection 20AD(6) (definition of decision)

146 Paragraph 23DC(10)(d)

147 Paragraph 23DC(11)(b)

148 Paragraph 23DF(11)(d)

149 Paragraph 23DF(12)(b)

150 Subsection 23DL(9)

151 Subsection 23DN(7)

152 Subsection 23DO(4)

153 Subsection 23DO(6) (definition of decision)

154 Subsection 23DZE(1)

155 Subsection 23EB(1) (definition of decision)

156 Subsection 124Q(2)

Hearing Services Administration Act 1997

157 Subparagraph 30(1)(b)(i)

158 Paragraph 34(1)(a)

Higher Education Funding Act 1988

159 Subsection 51(1)

160 Subparagraph 106L(5)(b)(ii)

161 Paragraph 106M(4)(b)

162 Paragraph 106X(2)(a)

Home Deposit Assistance Act 1982

163 Paragraph 48(3)(b)

Home Savings Grant Act 1976

164 Paragraph 39A(3)(b)

Imported Food Control Act 1992

165 Subsection 42(1) (definition of decision)

166 Paragraph 42(8)(b)

Income Tax Assessment Act 1936

167 Subsection 653(7)

Note: The heading to subsection 653(7) is altered by omitting "AAT" and substituting "ART".

Income Tax Assessment Act 1997

168 Subsection 34-33(4)

169 Section 387-90

Industrial Chemicals (Notification and Assessment) Act 1989

170 Subsection 80QA(6)

171 Subsection 102(1)

172 Subsection 102(2) (definition of decision)

173 Paragraph 103(1)(a)

Industrial Research and Development Incentives Act 1976

174 Subsection 41(1) (definition of decision)

175 Paragraph 41A(1)(b)

176 Subsection 41A(2)

Industry Research and Development Act 1986

177 Paragraph 39U(1)(b)

178 Subsection 39U(2)

179 Paragraph 39U(3)(a)

Insurance Acquisitions and Takeovers Act 1991

180 Paragraph 67(7)(c)

181 Paragraph 68(1)(b)

182 Subsection 68(2)

Insurance Act 1973

183 Subsection 63(1) (definition of decision)

184 Paragraph 64(1)(b)

185 Subsection 64(2)

Insurance (Agents and Brokers) Act 1984

186 Subsection 42(2)

187 Subsection 43(1)

Interstate Road Transport Act 1985

188 Subsection 51(1) (definition of decision)

189 Paragraph 51(7)(b)


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190 Subsection 51(8)

Lands Acquisition Act 1989

191 Subsection 29(1)

192 Subsection 71(2)

193 Subsection 81(2)

194 Subsection 99(2)

195 Subsection 107(2)

196 Subsection 121(6)

Liquefied Petroleum Gas (Grants) Act 1980

197 Subsection 15A(1)

Liquid Fuel Emergency Act 1984

198 Subsection 44(1) (definition of decision)

199 Paragraph 44(7)(b)

200 Subsection 44(8)

Management and Investment Companies Act 1983

201 Subsection 48(1)

Marriage Act 1961

202 Subsection 34(5)

Meat Export Charge Collection Act 1984

203 Subsection 12A(1) (definition of decision)

204 Paragraph 12B(2)(b)

205 Subsection 12B(3)

Motor Vehicle Standards Act 1989

206 Subsection 39(1)

207 Subsection 39(2)

208 Paragraph 40(1)(a)

Mutual Recognition Act 1992

209 Subsection 34(1)

210 Subsection 34(2) (definition of decision)

211 Paragraph 34(3)(a)

National Environment Protection Measures (Implementation) Act 1998

212 Subsection 34(3)

National Health Act 1953

213 Paragraph 45DC(3)(b)

214 Subsection 65GK(3)

215 Section 105AA (definition of decision)

216 Subsection 105AC(1)

217 Paragraph 105AC(1A)(b)

218 Subsection 105AC(1B)

219 Paragraph 105AD(3)(d)

National Occupational Health and Safety Commission Act 1985

220 Subsection 63(8)

Navigation Act 1912

221 Subsection 15(3)

222 Subsection 186C(4)

223 Paragraph 377M(2)(a)

224 Subsection 377M(4)

225 Section 426A

Nuclear Non-Proliferation (Safeguards) Act 1987

226 Subsection 13(8)

227 Subsection 16(7)

228 Subsection 18(5)

229 Subsection 22(2)

230 Subsection 22(10)

231 Subsection 73(7)

Nursing Homes Assistance Act 1974

232 Subsection 11A(1) (definition of decision)

233 Paragraph 11B(1)(b)

234 Subsection 11B(2)

Offshore Minerals Act 1994

235 Section 406 (definition of decision)

Papua New Guinea (Staffing Assistance) Act 1973

236 Subsection 54(1) (definition of decision)

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Parliamentary Contributory Superannuation Act 1948

237 Subsection 25(1) (definition of decision)

Passports Act 1938

238 Subsection 11A(1) (definition of decision)

239 Subsection 11B(1)

Patents Act 1990

240 Subsection 224(2)

241 Subsection 224(4) (definition of decision)

Pay-roll Tax Assessment Act 1941

242 Subsection 40C(2)

243 Subsection 40D(2)

Petroleum (Submerged Lands) Act 1967

244 Subsection 152(1) (definition of decision)

245 Paragraph 152(8)(b)

246 Subsection 152(9)

Petroleum Excise (Prices) Act 1987

247 Subsection 12(6)

248 Paragraph 13(1)(b)

249 Subsection 13(2)

Petroleum Resource Rent Tax Assessment Act 1987

250 Subsection 20(10)

Pooled Development Funds Act 1992

251 Paragraph 55(7)(c)

Prawn Export Promotion Act 1995

252 Paragraph 26(7)(b)

253 Subsection 26(8)

Primary Industries Levies and Charges Collection Act 1991

254 Paragraph 28(6)(b)

255 Subsection 28(7)

Privacy Act 1988

256 Subsection 61(4)

Protection of Movable Cultural Heritage Act 1986

257 Subsection 48(2)

Protection of the Sea (Civil Liability) Act 1981

258 Subsection 19(2)

Public Lending Right Act 1985

259 Subsection 20(1) (definition of decision)

260 Paragraph 21(1)(b)

261 Subsection 21(2)

Radiocommunications Act 1992

262 Subclause 7(2) of Part 2 of the Schedule

Registration of Deaths Abroad Act 1984

263 Subsection 27(2)

264 Subsection 27(4)

Renewable Energy (Electricity) Act 2000

265 Section 60 (note)

266 Subsection 66(3) (note)

Retirement Savings Accounts Act 1997

267 Paragraph 67(4)(b)

268 Paragraph 190(1)(b)

269 Subsection 190(2)

Safety, Rehabilitation and Compensation Act 1988

270 Subsection 60(1) (definition of decision)

271 Paragraph 63(c)

272 Subsection 65(1)

Note: The heading to section 65 is altered by omitting "Administrative Appeals Tribunal Act 1975" and substituting "Administrative Review Tribunal Act 2000".

Sea Installations Act 1987

273 Subsection 75(2)


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274 Paragraph 76(1)(a)

Sex Discrimination Act 1984

275 Paragraph 46(1)(d)

Shipping Registration Act 1981

276 Subsection 78(1)

277 Subsection 78(3)

Ships (Capital Grants) Act 1987

278 Subsection 38(3)

279 Subsection 39(1)

Small Superannuation Accounts Act 1995

280 Paragraph 85(1)(b)

281 Subsection 85(2)

Spirits Act 1906

282 Subsection 20(3)

Student Assistance Act 1973

283 Paragraph 12ZQ(2)(a)

Superannuation Act 1976

284 Subsection 154(1) (definition of decision)

Superannuation (Excluded Funds) Taxation Act 1987

285 Paragraph 17(1)(b)

286 Subsection 17(2)

Superannuation Industry (Supervision) Act 1993

287 Paragraph 345(1)(b)

288 Subsection 345(2)

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987

289 Paragraph 17(1)(b)

290 Subsection 17(2)

Telecommunications Act 1997

291 Subparagraph 557(1)(b)(i)

292 Paragraph 561(1)(a)

293 Subclause 35(2) of Schedule 3

294 Subclause 35(4) of Schedule 3 (definition of decision)

Telstra Corporation Act 1991

295 Subsection 8CA(2)

296 Subsection 8CA(4) (definition of decision)

Textile, Clothing and Footwear Strategic Investment Program Act 1999

297 Paragraph 23(1)(d)

298 Subsection 23(2)

Therapeutic Goods Act 1989

299 Subsection 6B(3)

300 Subsection 60(1) (definition of decision)

301 Paragraph 60(6)(b)

Tobacco Advertising Prohibition Act 1992

302 Section 30

Torres Strait Fisheries Act 1984

303 Subsection 15A(13) (definition of decision)

Trade Marks Act 1995

304 Paragraph 227(1)(b)

305 Subsection 227(3) (definition of decision)

Trade Practices Act 1974

306 Subsection 10.84(2) (definition of decision)

307 Paragraph 10.85(1)(a)

Tradesmen's Rights Regulation Act 1946

308 Subsection 51A(7)

309 Paragraph 51A(9)(a)

Trans-Tasman Mutual Recognition Act 1997

310 Subsection 33(1)

311 Subsection 33(2) (definition of decision)


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312 Paragraph 33(3)(a)

Wildlife Protection (Regulation of Exports and Imports) Act 1982

313 Subsection 52(2)

314 Subsection 52(3)

315 Subsection 80(3)

316 Subsection 80(5)

Schedule 3--Consequential amendments of various Acts

ACIS Administration Act 1999

1 Paragraph 113(1)(a)

Omit "(AAT)", substitute "(ART)".

Note: The heading to section 113 is altered by omitting "AAT" and substituting "ART".

2 Paragraph 113(1)(b)

Omit "AAT", substitute "ART".

3 Subsection 113(1)

Omit "AAT's", substitute "ART's".

4 Subsection 113(2)

Omit "subsection 43(6) of the Administrative Appeals Tribunal Act 1975, the AAT's decision has effect on and from the day that the AAT", substitute "section 135 of the Administrative Review Tribunal Act 2000, the ART's decision has effect on and from the day that the ART".

5 Subsection 113(3)

Omit "AAT's" (wherever occurring), substitute "ART's".

6 Subsection 113(4)

Omit "AAT's", substitute "ART's".

7 Paragraph 113(4)(a)

Omit "AAT", substitute "ART".

Adelaide Airport Curfew Act 2000

8 Subsection 9(7) (note)

Repeal the note, substitute:

Note: Under section 56 of the Administrative Review Tribunal Act 2000, the Secretary must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision, in writing or otherwise, notice of:

(a) the making of the decision; and

(b) the person's right to have the decision reviewed.

In notifying any such person, the Secretary must have regard to any guidelines issued under subsection (3) of that section.

9 Subsection 11(7) (note)

Repeal the note, substitute:

Note: Under section 56 of the Administrative Review Tribunal Act 2000, the Secretary must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision, in writing or otherwise, notice of:

(a) the making of the decision; and

(b) the person's right to have the decision reviewed.

In notifying any such person, the Secretary must have regard to any guidelines issued under subsection (3) of that section.

Administrative Decisions (Judicial Review) Act 1977

10 Paragraph 13(11)(a)

Omit "section 28 of the Administrative Appeals Tribunal Act 1975", substitute "section 57 of the Administrative Review Tribunal Act 2000".

Aged Care Act 1997

11 Subsection 85-4(6) (note)

Omit "section 27A of the Administrative Appeals Tribunal Act 1975", substitute "section 56 of the Administrative Review Tribunal Act 2000".

12 Subsection 85-5(7) (note)

Omit "section 27A of the Administrative Appeals Tribunal Act 1975", substitute "section 56 of the Administrative Review Tribunal Act 2000".

Aged or Disabled Persons Care Act 1954

13 Paragraph 10(H)(6)(c)

Repeal the paragraph, substitute:

(c) a statement that, except where subsection 57(3) of the Administrative Review Tribunal Act 2000 applies, the organisation may request a statement under subsection 57(1) of that Act.

Agricultural and Veterinary Chemical Products (Collection of Interim Levy) Act 1994


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14 Subsection 15(9)

Repeal the subsection.

15 Subsection 15(10)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

16 Subsection 18(9)

Repeal the subsection.

17 Subsection 18(10)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

Agricultural and Veterinary Chemicals (Administration) Act 1992

18 Paragraph 69D(1C)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

Agricultural and Veterinary Chemicals Code Act 1994

19 Paragraph 168(1)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

Air Navigation Act 1920

20 Paragraph 23A(2)(b)

Omit "section 28", substitute "section 57".

A New Tax System (Australian Business Number) Act 1999

21 Subsection 13(1) (note)

Omit "AAT", substitute "ART".

22 Subsection 18(2) (note 1)

Omit "AAT", substitute "ART".

23 After subsection 21(1)

Insert:

(1A) The decisions must be reviewed in the Taxation Division of the Tribunal.

24 Subsection 21(2)

Omit "the orders that may be made under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 include an order", substitute "the directions that may be given under subsection 121(2) or (3) of the Administrative Review Tribunal Act 2000 include a direction".

25 Subsection 21(3)

Omit "order", substitute "direction".

26 Paragraph 22(1)(d)

Repeal the paragraph, substitute:

(d) except where subsection 57(3) of that Act applies--also include a statement to the effect that the person may request a statement under section 57 of that Act.

27 Subsection 27A(2)

Omit "orders that may be made under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 include an order", substitute "directions that may be made under subsection 121(2), (3) or (4) of the Administrative Review Tribunal Act 2000 include a direction".

28 Paragraph 27B(1)(d)

Repeal the paragraph, substitute:

(d) except where subsection 57(3) of that Act applies--also include a statement to the effect that the person may request a statement under section 57 of that Act.

A New Tax System (Bonuses for Older Australians) Act 1999

29 Subsection 53(4) (note)

Repeal the note, substitute:

Note: Under section 56 of the Administrative Review Tribunal Act 2000, the Secretary must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision, in writing or otherwise, notice of:

(a) the making of the decision; and

(b) the person's right to have the decision reviewed.

In notifying any such person, the Secretary must have regard to any guidelines issued under subsection (3) of that section.

30 After subsection 53(4)

Insert:

(5) The decision must be reviewed in the Taxation Division of the Tribunal.

Archives Act 1983


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31 Subsection 40(11)

Omit "proceedings", substitute "review".

32 Subsection 43(3)

Omit all the words after paragraph (c).

33 Subsection 43(4)

Repeal the subsection.

34 Subsection 43(5)

Omit "proceedings", substitute "review".

35 Subsection 43(6)

Repeal the subsection, substitute:

(6) Section 57 of the Administrative Review Tribunal Act 2000 does not apply in relation to a decision (other than a decision in relation to access to a record of the Australian Security Intelligence Organisation) in respect of which an application may be made to the Tribunal under this section if a notice under subsection 40(5) of this Act has been given to the applicant.

Note: For decisions in relation to access to a record of the Australian Security Intelligence Organisation, see section 43B.

36 After section 43

Insert:

43A Security Appeals Division review of decisions about ASIO records If the decision is in respect of access to a record of the Australian Security Intelligence Organisation, the decision must be reviewed in the Commercial and General Division of the Tribunal, which for that purpose is to be called the Security Appeals Division.

43B Review of decisions about ASIO records (1) This section applies to the review by the Tribunal of a decision in respect of access to a record of the Australian Security Intelligence Organisation.

(2) Section 57 of the Administrative Review Tribunal Act 2000 does not apply to the review.

(3) The only members who may constitute the Tribunal are the President, executive members and senior members.

(4) In addition, the President must not direct that a person who is, or has been, the Director-General of Security or an officer, employee or agent of the Australian Security Intelligence Organisation is to be such a member.

37 Subsection 44(1)

Omit ", in proceedings under this Division,".

38 Subsection 44(3)

Omit "in proceedings before the Tribunal", substitute "in reviewing a decision".

39 Section 46

Repeal the section, substitute:

46 Constitution of Tribunal for purposes of determination under subsection 44(5) or (6) (1) This section applies if a request is made to the Tribunal in accordance with subsection 44(5) or (6).

(2) For the purpose of dealing with the request, the only members who may constitute the Tribunal are the President, executive members and senior members.

(3) In addition, the President must not direct that a person who is, or has been, the Director-General of Security or an officer, employee or agent of the Australian Security Intelligence Organisation is to be such a member.

40 Subsection 47(2)

Omit "At the hearing of a proceeding referred to in subsection 46(1)", substitute "In determining a question on a request in accordance with subsection 44(5) or (6)".

Note: The heading to section 47 is replaced by the heading "Process for making subsection 44(5) or (6) determination".

41 Paragraph 47(2)(a)

Omit "shall hold in private the hearing of any part of the proceeding", substitute "must conduct in private any part of the review".

42 Paragraph 47(2)(b)

Omit "shall hold the hearing of any other part of the proceeding", substitute "must conduct any other part of the review".

43 Subsection 47(3)

Omit "Where the hearing of any part of a proceeding", substitute "If any part of the review".

44 Paragraphs 47(3)(a) and (b)

Omit "at that hearing", substitute "during that part of the review".

45 Subsection 47(4)

Omit "Where, in relation to a proceeding referred to in subsection 46(1)", substitute "If, in determining a question on a request in accordance with subsection 44(5) or (6)".

46 Paragraph 47(4)(a)

Omit "the hearing of a part of the proceeding", substitute "any part of the

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review".

47 Paragraph 47(4)(a)

Omit "at that hearing", substitute "during that part of the review".

48 Subparagraphs 47(4)(b)(i) and (ii)

Omit "proceeding", substitute "request".

49 Subparagraph 47(4)(b)(ii)

Omit "at a hearing held", substitute "during any part of the review conducted".

50 Paragraph 47(4)(c)

Omit "parties to the proceeding", substitute "persons present during the review".

51 Paragraph 47(4)(c)

Omit "proceeding", substitute "request".

52 Section 48

Repeal the section.

53 Subsection 49(1)

Omit "proceedings before", substitute "process conducted by".

54 Subsections 49(2) and (3)

Omit "the proceeding", substitute "considering the question".

55 Section 50

Omit "Administrative Appeals Tribunal Act 1975 in respect of proceedings", substitute "Administrative Review Tribunal Act 2000 in respect of a matter arising".

56 Paragraph 50(b)

Omit "in proceedings for", substitute "in any process for".

57 Paragraph 50(b)

Omit "be a party to the proceedings", substitute "participate in that process".

58 Section 51

Omit "proceedings before the Tribunal in pursuance", substitute "review by the Tribunal as a result".

59 Section 52

Repeal the section, substitute:

52 Tribunal must ensure non-disclosure of certain matters (1) In deciding whether to make an order under subsection 100(3) of the Administrative Review Tribunal Act 2000 in respect of any process under this Part, the Tribunal must have regard to the nature of the review and, in particular, to the need to avoid the disclosure to the applicant of:

(a) matter in a record to which the review relates, if the record is an exempt record because of that matter; or

(b) any information of the kind mentioned in subsection 39(1) of this Act.

(2) However, subsection (1) does not apply in determining a question as a result of a request under subsection 44(5) or (6).

(3) Despite anything in the Administrative Review Tribunal Act 2000:

(a) the Tribunal must not, in its decision or reasons for a decision in a matter arising under this Act, include any matter or information covered by subsection (1); and

(b) the Tribunal may receive evidence, or hear argument, in the absence of the applicant or his or her representative if this is necessary in order to prevent the disclosure to the applicant of matter or information covered by subsection (1).

60 Subsection 53(1)

Omit "Section 37 of the Administrative Appeals Tribunal Act 1975", substitute "Sections 77 to 81 of the Administrative Review Tribunal Act 2000".

61 Subsection 53(1)

Omit "in proceedings before the Tribunal", substitute "in a review by the Tribunal".

62 Subsection 53(1)

Omit "for the purposes of the proceeding", substitute "for the purposes of the review".

63 Subsection 53(2)

Omit "of the proceeding", substitute "of the review".

64 Subsection 53(3)

Omit "proceeding, other than proceedings", substitute "review, other than a process".

65 Subsection 53(4)

Omit "proceedings before", substitute "review by".

66 Subsection 53(5)

Omit "section 46 of the Administrative Appeals Tribunal Act 1975", substitute "section 173 of the Administrative Review Tribunal Act 2000".

67 Subsections 53(6) and (7)

Omit "subparagraph 46(1)(c)(i) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 173(4)(a) of the Administrative Review Tribunal Act 2000".

68 Section 54

Omit "proceedings before the Tribunal under this Division in pursuance",

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substitute "a review by the Tribunal under this Division as a result".

Australia New Zealand Food Authority Act 1991

69 Paragraph 13A(4)(b)

Repeal the paragraph, substitute:

(b) no application is made to the Administrative Review Tribunal for a review of the decision within the time limit prescribed by regulations under the Administrative Review Tribunal Act 2000.

70 Paragraph 15A(2)(b)

Repeal the paragraph, substitute:

(b) no application is made to the Administrative Review Tribunal for a review of the decision within the time limit prescribed by regulations under the Administrative Review Tribunal Act 2000.

71 Paragraph 64(1)(d)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

Australian Federal Police Act 1979

72 Section 12B (definition of nominated AAT member)

Repeal the definition.

73 Section 12B

Insert:

nominated ART member means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 12DA to issue warrants under section 12G for use of listening devices.

74 Section 12DA

Repeal the section, substitute:

12DA Nominated ART members may issue warrants for use of listening devices (1) The Minister may, by writing, nominate a person who is a member of the Administrative Review Tribunal to issue warrants under section 12G for use of listening devices.

(2) However, the Minister must not nominate a person under subsection (1) unless the person:

(a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

(b) has been so enrolled for not less than 5 years.

(3) A nomination ceases to have effect if:

(a) the person ceases to be a member of the Administrative Review Tribunal; or

(b) the Minister, by writing, withdraws the nomination.

(4) A nominated ART member has, in performing a function of or connected with, issuing a warrant, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

75 Subsection 12G(1)

Omit "nominated AAT member", substitute "nominated ART member".

76 Subsection 12G(2)

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

77 Subsection 12G(4)

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

78 Subsections 12G(6), (7) and (8)

Omit "nominated AAT member", substitute "nominated ART member".

79 Section 12H

Omit "nominated AAT member", substitute "nominated ART member".

Australian Horticultural Corporation Act 1987

80 Subsection 122(6)

Omit "an enactment for the purposes of the Administrative Appeals Tribunal Act 1975", substitute "subordinate legislation for the purposes of the Administrative Review Tribunal Act 2000".

Australian Radiation Protection and Nuclear Safety Act 1998

81 Subsection 40(3) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

82 Subsection 42(3) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

Australian Sports Drug Agency Act 1990

83 Paragraph 16(3)(b)

Omit "an order is made under section 41 of the Administrative Appeals Tribunal Act 1975", substitute "a direction is given under section 121

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of the Administrative Review Tribunal Act 2000".

84 Paragraph 16(3)(b)

Omit "an order so made", substitute " a direction so given".

Australian Wine and Brandy Corporation Act 1980

85 Paragraph 8(2C)(b)

Repeal the paragraph, substitute:

(b) unless subsection 57(3) of that Act applies, application may be made in accordance with section 57 of that Act by or on behalf of the person for a statement of reasons for the determination.

86 Subsection 8(2F)

Repeal the subsection.

87 Paragraph 40X(2)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

88 Subsection 40Y(2)

Repeal the subsection.

Bankruptcy Act 1966

89 Subsection 282(2) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

90 Subsection 283(2) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

Bounty (Books) Act 1986

91 Subsection 33(2)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal", substitute "section 133 of the Administrative Review Tribunal Act 2000, where the Administrative Review Tribunal".

Bounty (Computers) Act 1984

92 Subsection 32(2)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal", substitute "section 133 of the Administrative Review Tribunal Act 2000, where the Administrative Review Tribunal".

Bounty (Fuel Ethanol) Act 1994

93 Subsection 5(1) (definition of AAT)

Repeal the definition.

94 Subsection 5(1) (definition of AAT Act)

Repeal the definition.

95 Subsection 5(1)

Insert:

ART means the Administrative Review Tribunal.

96 Subsection 5(1)

Insert:

ART Act means the Administrative Review Tribunal Act 2000.

97 Subsection 61(1)

Omit "AAT", substitute "ART".

98 Subsection 61(2)

Omit "AAT", substitute "ART".

Bounty (Machine Tools and Robots) Act 1985

99 Subsection 40(2)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal", substitute "section 133 of the Administrative Review Tribunal Act 2000, where the Administrative Review Tribunal".

Bounty (Ships) Act 1989

100 Subsection 31(2)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal", substitute "section 133 of the Administrative Review Tribunal Act 2000, where the Administrative Review Tribunal".

Broadcasting Services Act 1992

101 Paragraph 57(5)(b) of Schedule 6

Omit "subsection 41(2) of the Administrative Appeals Tribunal Act 1975", substitute "subsections 121(2), (3) and (4) of the Administrative Review Tribunal Act 2000".

102 Part 14 (heading)


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Repeal the heading, substitute:

Part 14--Appeals to the Administrative Review Tribunal 103 Clause 2 of Schedule 4 (definition of AAT)

Repeal the definition.

104 Clause 2 of Schedule 4

Insert:

ART means the Administrative Review Tribunal.

105 Subclause 62(1) of Schedule 4

Omit "AAT", substitute "ART".

Note: The heading to clause 62 is altered by omitting "AAT" and substituting "ART".

106 Subclause 62(3) of Schedule 4

Omit "AAT", substitute "ART".

107 Subclause 62(5) of Schedule 4

Omit "AAT", substitute "ART".

108 Subclause 62(7) of Schedule 4

Omit "AAT", substitute "ART".

109 Subclause 62(9) of Schedule 4

Omit "AAT", substitute "ART".

110 Paragraph 63(b) of Schedule 4

Omit "AAT", substitute "ART".

111 Clause 3 of Schedule 5 (definition of AAT)

Repeal the definition.

112 Clause 3 of Schedule 5

Insert:

ART means the Administrative Review Tribunal.

113 Subclause 92(1) of Schedule 5

Omit "AAT", substitute "ART".

Note: The heading to clause 92 is altered by omitting "AAT" and substituting "ART".

114 Subclause 92(3) of Schedule 5

Omit "AAT", substitute "ART".

115 Paragraph 93(b) of Schedule 5

Omit "AAT", substitute "ART".

Child Support (Assessment) Act 1989

116 Section 5 (definition of AAT)

Repeal the definition.

117 Section 5

Insert:

ART means the Administrative Review Tribunal.

118 Paragraph 64A(6)(b)

Omit "Administrative Appeals Tribunal Act 1975, be made to the AAT", substitute "Administrative Review Tribunal Act 2000, be made to the ART".

119 Paragraph 64A(6)(c)

Omit "subsection 28(4) of that Act applies--that the person may request a statement under section 28 of that Act", substitute "subsection 57(3) of that Act applies--that the person may request a statement under section 57 of that Act".

120 Part 6B (heading)

Repeal the heading, substitute:

Part 6B--Objection procedure and ART review of certain decisions 121 Paragraph 98W(1)(b)

Omit "AAT", substitute "ART".

122 Subsection 98W(2)

Omit "AAT", substitute "ART".

123 Subsection 98ZE(4)

Repeal the subsection, substitute:

(4) The notice must include a statement to the effect that, if the person is aggrieved by the decision, application may, subject to the Administrative Review Tribunal Act 2000, be made to the ART for review of the decision. Except where subsection 57(3) of that Act applies, the notice must also include a statement to the effect that the person may request a statement under section 57 of that Act.

124 Subsection 98ZE(7)

Omit "AAT", substitute "ART".

125 Subsection 98ZF(1)

Omit "AAT", substitute "ART".

Note: The heading to section 98ZF is altered by omitting "AAT" and substituting "ART".

126 Subsections 98ZG(1) and (2)

Omit "AAT", substitute "ART".


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Child Support (Registration and Collection) Act 1988

127 Subsection 96(1)

Omit "subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act", substitute "subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57 of that Act".

128 Subsection 96(2)

Omit "Administrative Appeals Tribunal Act 1975, be made to the Tribunal for review of the decision and, except where subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act", substitute "Administrative Review Tribunal Act 2000, be made to the Tribunal for review of the decision and, except where subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57 of that Act".

129 Subsection 98(4)

Omit "Administrative Appeals Tribunal Act 1975, be made to the Tribunal for review of the decision and, except where subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28 of that Act", substitute "Administrative Review Tribunal Act 2000, be made to the Tribunal for review of the decision and, except where subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57 of that Act".

Coal Excise Act 1949

130 At the end of section 27A

Add:

(2) The decision must be reviewed in the Taxation Division of the Tribunal.

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

131 Paragraph 8(5)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57 of that Act".

Commerce (Trade Descriptions) Act 1905

132 Subsection 15(2) (note)

Repeal the note, substitute:

Note: The Administrative Review Tribunal Act 2000 extends the ordinary meaning of decision.

Commonwealth Electoral Act 1918

133 Subsection 141(6)

Repeal the subsection, substitute:

(6) For the purposes of conducting a review mentioned in subsection (5), the President of the Tribunal must direct that 3 members of the Tribunal are to constitute the Tribunal.

(6A) Only the President, executive members and senior members can constitute the Tribunal.

(6B) Subsections (6) and (6A) apply despite section 69 of the Administrative Review Tribunal Act 2000.

Copyright Act 1968

134 Paragraph 195B(2)(c)

Repeal the paragraph, substitute:

(c) except where subsection 57(3) of that Act applies--a statement to the effect that the body or institution may request a statement under section 57 of that Act.

135 Paragraph 195B(3)(b)

Repeal the paragraph, substitute:

(b) except where subsection 57(3) of the Administrative Review Tribunal Act 2000 applies--a statement to the effect that the objector or importer, as the case may be, may request a statement under section 57 of that Act.

Customs Act 1901

136 Paragraph 164AF(3)(a)

Omit "proceedings".

137 Subsection 219A(1) (definition of nominated AAT member)

Repeal the definition.

138 Subsection 219A(1)

Insert:

nominated ART member means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 219AB to issue warrants under section 219B for use of listening devices.

139 Section 219AB

Repeal the section, substitute:

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219AB Nominated ART members may issue warrants for use of listening devices (1) The Minister may, by writing, nominate a person who is a member of the Administrative Review Tribunal to issue warrants under section 219B for use of listening devices.

(2) However, the Minister must not nominate a person under subsection (1) unless the person:

(a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

(b) has been so enrolled for not less than 5 years.

(3) A nomination ceases to have effect if:

(a) the person ceases to be a member of the Administrative Review Tribunal; or

(b) the Minister, by writing, withdraws the nomination.

(4) A nominated ART member has, in performing a function of, or connected with, issuing a warrant, the same protection and immunity as a Justice of the High Court in relation to proceedings in the High Court.

140 Subsections 219B(5) to (9)

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

141 Section 219C

Omit "nominated AAT member", substitute "nominated ART member".

142 Section 219H

Omit "nominated AAT member", substitute "nominated ART member".

143 Subsection 219K(1)

Omit "nominated AAT member", substitute "nominated ART member".

144 Subsection 219ZL(4)

Omit "nominated AAT member", substitute "nominated ART member".

145 Subsection 219ZL(5)

Repeal the subsection, substitute:

(5) In this section:

nominated ART member means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 219AB to issue warrants under section 219B for use of listening devices.

146 Paragraph 269SHA(2)(c)

Omit "review proceedings before the Tribunal", substitute "review as conducted by the Tribunal".

147 Subsection 269SHA(3)

Omit "under subsection 30(1A) of the Administrative Appeals Tribunal Act 1975 to be made a party to the proceeding", substitute "as mentioned in subsection 84(1) of the Administrative Review Tribunal Act 2000 to become a participant in the review".

148 Subsection 269SHA(4)

Omit "be joined as a party to proceedings for", substitute "become a participant in the".

149 Subsection 269SHA(5)

Omit "party to proceedings for", substitute "participant in the".

150 Paragraph 269SHA(5)(b)

Omit "parties to the proceeding", substitute "participants in the review".

151 Subsection 269SHA(5)

Omit "date set for hearing", substitute "date set for the review".

152 Subsection 269SHA(5)

Omit "introduced at the hearing", substitute "introduced at the review".

153 Subsection 269SHA(6)

Omit "date of the hearing", substitute "date of the review".

Dairy Produce Act 1986

154 Subclause 25(4) of Schedule 2

Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

155 Subclause 25(7) of Schedule 2

Repeal the subclause.

Debits Tax Administration Act 1982

156 After subsection 25(3)

Insert:

(3A) The decision must be reviewed in the Taxation Division of the Tribunal.

157 After subsection 25B(2)

Insert:

(2A) The decision must be reviewed in the Taxation Division of the Tribunal.

158 Section 25E

Omit "section 25 of the Administrative Appeals Tribunal Act 1975", substitute "section 54 of the Administrative Review Tribunal Act 2000".

Defence Act 1903

159 Subsection 4(1) (definition of AAT)


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Repeal the definition

160 Subsection 4(1) (definition of AAT Act)

Repeal the definition.

161 Subsection 4(1)

Insert:

ART means the Administrative Review Tribunal.

162 Subsection 4(1)

Insert:

ART Act means the Administrative Review Tribunal Act 2000.

163 Section 61CZB

Omit "AAT", substitute "ART".

164 Section 61CZC

Repeal the section, substitute:

61CZC ART Act to apply subject to modifications The ART Act applies in relation to the review of a determination of a Conscientious Objection Tribunal subject to the modifications set out in the following table:

Modifications of the ART Act


Provision

Modification

1

section 76

Omit the section, substitute:

76 Participants in review by Tribunal

The participants in the review of a determination of a Conscientious Objection Tribunal are:

(a) the person in relation to whom the determination was made; and

(b) the Commonwealth.

2

Sections 86, 167 and 171

Omit the sections.

165 Section 61CZD

Repeal the section.

166 Section 61CZE

Repeal the section.

Designs Act 1906

167 Part VIC (heading)

Repeal the heading, substitute:

Part VIC--Applications for review of certain decisions by Administrative Review Tribunal 168 Paragraph 40K(2)(b)

Omit "Administrative Appeals Tribunal for review of a decision may, under section 28 of that Act,", substitute "Administrative Review Tribunal for review of a decision may, under section 57 of that Act".

169 Subsection 40K(3)

Omit "subsection 28(4) of the Administrative Appeals Tribunal Act 1975", substitute "subsection 57(3) of the Administrative Review Tribunal Act 2000".

Development Allowance Authority Act 1992

170 Section 93AA (definition of AAT)

Repeal the definition.

171 Section 93AA

Insert:


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ART means the Administrative Review Tribunal.

172 Paragraph 112(3)(b)

Omit "AAT", substitute "ART".

Note: The heading to subsection 112(4) is altered by omitting "AAT" and substituting "ART".

173 Subsection 113(3)

Omit "AAT", substitute "ART".

Note: The heading to subsection 113(4) is altered by omitting "AAT" and substituting "ART".

174 Subsection 120(1)

Omit "AAT", substitute "ART".

Note: The heading to section 120 is altered by omitting "Appeals" and substituting "Review".

175 Subsection 120(2)

Repeal the subsection.

176 Subsection 120(3)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

177 Subsection 120(3)

Omit "AAT", substitute "ART".

178 Paragraph 121(1)(b)

Omit "AAT", substitute "ART".

179 Subsection 121(2)

Omit "AAT", substitute "ART".

Diesel and Alternative Fuels Grants Scheme Act 1999

180 Subsection 8(1) (note)

Repeal the note, substitute:

Note: Section 56 of the Administrative Review Tribunal Act 2000 requires the notice to be accompanied by a statement of your right to seek ART review.

Disability Services Act 1986

181 Subsection 26(5) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

182 Subsection 26(5) (note)

Omit "In so notifying, the decision-maker must have regard to the Code of Practice determined under section 27B of that Act.".

Distillation Act 1901

183 After subsection 82B(1)

Insert:

(1A) The decision must be reviewed in the Taxation Division of the Tribunal.

184 Subsection 82B(2)

Omit "subsection (1)", substitute "this section".

Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991

185 Paragraph 14(2)(b)

Omit "section 28", substitute "section 57".

186 Subsection 14(3)

Omit "subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies", substitute "subsection 57(3) of the Administrative Review Tribunal Act 2000 applies".

Electronic Transactions Act 1999

187 Subsection 13(4)

After "tribunal", insert "(other than the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2000)".

Environmental Reform (Consequential Provisions) Act 1999

188 Subitem 9(1) of Schedule 2

Omit "subsection 43(1) of the Administrative Appeals Tribunal Act 1975", substitute "subsections 133(1), (2), (3) and (4) of the Administrative Review Tribunal Act 2000".

Note: The heading to item 9 is altered by omitting "AAT" and substituting "ART".

189 Subitem 9(1) of Schedule 2 (note)

Repeal the note, substitute:

Note: Subsection 55(2) of the Administrative Review Tribunal Act 2000 provides for another person to become the decision-maker for the purposes of a review of a decision by the Minister administering the Species Act after the repeal of the Species Act.

190 Subitem 9(2) of Schedule 2

Omit "subsection 43(1) of the Administrative Appeals Tribunal Act 1975", substitute "section 133 of the Administrative Review Tribunal Act 2000".

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Environment Protection and Biodiversity Conservation Act 1999

191 Paragraph 472(2)(b)

Omit "28", substitute "57".

192 Subsection 473(2)

Omit "section 27 of the Administrative Appeals Tribunal Act 1975", substitute "section 61 of the Administrative Review Tribunal Act 2000".

Excise Act 1901

193 After subsection 162C(1)

Insert:

(1A) The decision must be reviewed in the Taxation Division of the Tribunal.

Export Control Act 1982

194 Subsection 25(8)

Repeal the subsection, substitute:

(8) An order is subordinate legislation for the purposes of the Administrative Review Tribunal Act 2000.

Export Market Development Grants Act 1997

195 Subsection 83(3)

Repeal the subsection (other than the note to the subsection), substitute:

(3) In subsection (2):

court includes the Administrative Review Tribunal.

196 Subsection 98(4) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

Federal Proceedings (Costs) Act 1981

197 Title

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

198 Section 10A

Repeal the section.

Financial Institutions Supervisory Levies Collection Act 1998

199 Subsection 27(7)

Repeal the subsection.

200 Subsection 27(8)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

201 Paragraph 27(9)(b)

Repeal the paragraph, substitute:

(b) give directions of a kind referred to in paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000.

Fisheries Management Act 1991

202 Subsection 165(8)

Repeal the subsection.

203 Subsection 165(9)

Omit "Section 37 of the Administrative Appeals Tribunal Act 1975", substitute "Subsection 77(1) of the Administrative Review Tribunal Act 2000".

204 Subsection 165(10)

Repeal the subsection, substitute:

(10) The Administrative Review Tribunal must, as soon as practicable after the lodging of documents with that Tribunal under subsection 77(1) of the Administrative Review Tribunal Act 2000, in relation to an application mentioned in subsection (8) of this section, determine a timetable for disposing of the matter.

Freedom of Information Act 1982

205 Subparagraph 26A(2)(b)(ia)

Omit "has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975", substitute "or applicant has ended the review under Division 1 of Part 8 of the Administrative Review Tribunal Act 2000".

206 Subparagraph 27(2)(b)(ia)

Omit "has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975", substitute "or applicant has ended the review under Division 1 of Part 8 of the Administrative Review Tribunal Act 2000".

207 Subparagraph 27A(2)(b)(ia)

Omit "has dismissed the application under section 42A of the Administrative Appeals Tribunal Act 1975", substitute "or applicant has ended the review under Division 1 of Part 8 of the Administrative

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Review Tribunal Act 2000
".

208 Subsection 55(4)

Repeal the subsection.

209 Subsection 56(5)

Omit "proceedings", substitute "review".

210 Subsection 58(1)

Omit "proceedings", substitute "a review".

211 Subsection 58(2)

Omit "proceedings under this Act", substitute "a review under this Part or in proceedings under this Act"

212 Paragraph 58(7)(a)

Omit "Administrative Appeals".

213 Section 58B

Repeal the section, substitute:

58B Constitution of Tribunal for purposes of subsection 58(4), (5) or (5A) If a request is made to the Tribunal in accordance with subsection 58(4), (5) or (5A), the only members who may constitute the Tribunal are the President, executive members and senior members.

214 Subsection 58C(2)

Omit "At the hearing of a proceeding referred to in subsection 58B(1)", substitute "In determining a question on a request in accordance with subsection 58(4), (5) or (5A)".

Note: The heading to section 58C is replaced by the heading "Process for making section 58 determination".

215 Paragraph 58C(2)(a)

Omit "shall hold in private the hearing of any part of the proceeding", substitute "must conduct in private any part of the review".

216 Paragraph 58C(2)(b)

Omit "shall hold the hearing of any other part of the proceeding", substitute "must conduct any other part of the review".

217 Subsection 58C(3)

Omit "Where the hearing of any part of a proceeding is held", substitute "If any part of the review is conducted".

218 Paragraphs 58C(3)(a) and (b)

Omit "at that hearing", substitute "during that part of the review".

219 Subsection 58C(4)

Omit "Where, in relation to a proceeding referred to in subsection 58B(1)", substitute "If, in determining a question on a request in accordance with subsection 58(4), (5) or (5A)".

220 Paragraph 58C(4)(a)

Omit "the hearing of a part of the proceeding", substitute "any part of the review".

221 Paragraph 58C(4)(a)

Omit "at that hearing", substitute "during that part of the review".

222 Subparagraphs 58C(4)(b)(i) and (ii)

Omit "proceeding", substitute "request".

223 Subparagraph 58C(4)(b)(ii)

Omit "at a hearing held", substitute "during any part of the review conducted".

224 Paragraph 58C(4)(c)

Omit "parties to the proceeding", substitute "persons present during the review".

225 Paragraph 58C(4)(c)

Omit "proceeding" (second occurring), substitute "request".

226 Section 58D

Repeal the section.

227 Subsection 58E(1)

Omit "proceedings before", substitute "review by".

228 Subsections 58E(2) and (3)

Omit "the proceeding", substitute "considering the question".

229 Subsection 58F(2A)

Repeal the subsection.

230 Subsection 59(2A)

Repeal the subsection.

231 Subsection 59A(2A)

Repeal the subsection.

232 Section 60

Repeal the section, substitute:

60 Participants For the purposes of this Part (and of the application of the Administrative Review Tribunal Act 2000 in respect of this Part):

(a) a decision that a person gives on behalf of an agency is taken to have been given by the agency; and

(b) in any review arising by virtue of section 56, the agency to which or the Minister to whom the request was made is a participant in the review; and

(c) in any process for the determination of a question referred to in

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subsection 58(4), (5) or (5A) in relation to a document, the Minister who is the appropriate Minister for the purposes of section 58A in respect of that document is, on applying to the Tribunal, entitled to participate in the process.

233 Subsection 61(1)

Omit "proceedings", substitute "a review".

234 Subsection 61(2)

Omit "proceedings" (first occurring), substitute "a review".

235 Subsection 61(2)

Omit "party to the proceedings that", substitute "participant in the review who"

236 Subsection 62(1)

Omit "section 28 of the Administrative Appeals Tribunal Act 1975", substitute "Subdivision B of Division 1 of Part 4 of the Administrative Review Tribunal Act 2000".

Note: The heading to section 62 is replaced by the heading "Additional notice of decision".

237 Section 63

Repeal the section, substitute:

63 Tribunal must ensure non-disclosure of certain matters (1) In deciding whether to make an order under subsection 100(3) of the Administrative Review Tribunal Act 2000 in respect of a review under this Part, the Tribunal must have regard to the nature of the review and, in particular, to the need to avoid the disclosure to the applicant of:

(a) exempt matter contained in a document to which the review relates; or

(b) any information of the kind mentioned in subsection 25(1) of this Act.

(2) Despite anything in the Administrative Review Tribunal Act 2000:

(a) the Tribunal must not, in its decision or reasons for a decision in a matter arising under this Act, include any matter or information covered by subsection (1); and

(b) the Tribunal may receive evidence, or hear argument, in the absence of the applicant or his or her representative if this is necessary in order to prevent the disclosure to the applicant of matter or information covered by subsection (1).

238 Subsection 64(1)

Omit "Where there are proceedings before the Tribunal", substitute "If the Tribunal is conducting, or preparing to conduct, a review".

239 Subsection 64(1)

Omit "section 37 of the Administrative Appeals Tribunal Act 1975", substitute "sections 77 to 81 of the Administrative Review Tribunal Act 2000".

240 Subsection 64(1)

Omit "proceeding", substitute "review".

241 After subsection 64(1)

Insert:

(1A) If, for the purposes of a review by the Tribunal under this Act in relation to a document that is claimed to be an exempt document, the document is voluntarily produced to the Tribunal, then only:

(a) the members of the Tribunal as constituted for the purposes of the review; or

(b) a member of the staff of the Tribunal in the course of the performance of his or her duties as a member of that staff;

may inspect, or have access to, the document.

242 Subsection 64(2)

Omit "proceeding", substitute "review".

243 After subsection 64(2)

Insert:

(2A) In making an order for the purposes of subsection (1), (2) or (4), the Tribunal may require the relevant document to be produced at any time later than 28 days after the decision-maker was given notice of the application, even if that time is before the Tribunal has begun to hear argument or otherwise deal with the matter.

244 Subsection 64(3)

Omit "proceedings, other than proceedings", substitute "review, other than a process".

245 Subsection 64(4)

Omit "proceedings before", substitute "review by".

246 Subsection 64(5)

After "Subsections (1)", insert ", (1A)".

247 Subsection 64(6)

After "Subsection (1)", insert ", (1A)".

248 Subsection 64(6)

Omit "section 46 of the Administrative Appeals Tribunal Act 1975", substitute "section 173 of the Administrative Review Tribunal Act 2000".

249 Subsection 64(7)

Omit "subparagraph 46(1)(c)(i) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 173(4)(a) of the Administrative Review

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Tribunal Act 2000
".

250 Subsection 64(8)

Omit "subsection (1) or (2) is sent to the Federal Magistrates Court as mentioned in subparagraph 46(1)(c)(i) of the Administrative Appeals Tribunal Act 1975", substitute "subsection (1), (1A) or (2) is sent to the Federal Magistrates Court as mentioned in paragraph 173(4)(a) of the Administrative Review Tribunal Act 2000".

251 Section 65

Omit "proceedings before", substitute "a review by".

252 Subsection 66(1)

Omit "proceedings", substitute "review".

Fringe Benefits Tax Assessment Act 1986

253 Subsection 133(4)

Omit "the Registrar, a District Registrar or a Deputy Registrar of the Tribunal", substitute "the Chief Executive Officer of the Tribunal or a person in charge of a Registry of the Tribunal".

Great Barrier Reef Marine Park Act 1975

254 Subsection 3(1) (definition of AAT)

Repeal the definition.

255 Subsection 3(1)

Insert:

ART means the Administrative Review Tribunal.

256 Subsection 39M(1)

Omit "AAT", substitute "ART".

Note: The heading to section 39M is altered by omitting "AAT" and substituting "ART".

257 Subsection 39M(2)

Repeal the subsection.

258 Subsection 39M(3)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

259 Subsection 39M(3)

Omit "AAT", substitute "ART".

260 Paragraph 39N(1)(b)

Omit "AAT", substitute "ART".

261 Subsection 39N(2)

Omit "AAT", substitute "ART".

Hazardous Waste (Regulation of Exports and Imports) Act 1989

262 Paragraph 58(1)(b)

Omit "section 28", substitute "section 57".

263 Subsection 58(2)

Omit "subsection 28(4) of the Administrative Appeals Tribunal Act 1975", substitute "subsection 57(3) of the Administrative Review Tribunal Act 2000".

Health and Other Services (Compensation) Act 1995

264 Subsection 33G(1) (note)

Repeal the note, substitute:

Note: Section 56 of the Administrative Review Tribunal Act 2000 requires the decision-maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed. In so notifying, the decision-maker must have regard to guidelines issued under subsection (3) of that section.

265 Subsection 33G(2)

Omit "subsection 43(6) of the Administrative Appeals Tribunal Act 1975", substitute "sections 134 and 135 of the Administrative Review Tribunal Act 2000".

Health Insurance Act 1973

266 Subsection 20AB(4) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

267 Subsection 20AC(4) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

268 Subsection 20AD(4) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 56 of the Administrative Review Tribunal Act 2000".

269 Paragraph 23DC(10)(d)

Omit ", by or on behalf of a person whose interests are affected by the decision,".

270 Paragraph 23DF(11)(d)

Omit ", by or on behalf of a person whose interests are affected by the

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decision,".

271 Subsection 23DL(9)

Omit "by or on behalf of a person whose interests are affected by the decision".

272 Subsection 23DN(7)

Omit "by or on behalf of a person whose interests are affected by the decision".

273 Subsection 23DO(4)

Omit "by or on behalf of a person whose interests are affected by the decision".

274 Subsection 23DZE(1)

Omit "subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28", substitute "subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57".

Hearing Services Administration Act 1997

275 Subparagraph 30(1)(b)(ii)

Omit "section 28", substitute "section 57".

276 Paragraph 34(1)(b)

Omit "section 28", substitute "section 57".

Higher Education Funding Act 1988

277 Subsection 50(2)

Omit "orders that may be made under subsection 41(2) of the Administrative Appeals Tribunal Act 1975 include an order", substitute "directions that may be given under subsection 121(2) or (3) of the Administrative Review Tribunal Act 2000 include a direction".

278 Subsection 51(1)

Omit "subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28", substitute "subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57".

279 Subsection 106MA(2)

Omit "Registrar", substitute "Chief Executive Officer".

280 Subsection 106MA(5)

Repeal the subsection.

281 Paragraph 106X(2)(b)

Omit "subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28", substitute "subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57".

Horticultural Research and Development Corporation Act 1987

282 Subsection 81(6)

Omit "enactment for the purposes of the Administrative Appeals Tribunal Act 1975", substitute "subordinate legislation for the purposes of the Administrative Review Tribunal Act 2000".

Imported Food Control Act 1992

283 Subparagraph 42(9)(b)(i)

Omit "subsection 24(4) of the Administrative Appeals Tribunal Act 1975", substitute "subsection 57(3) of the Administrative Review Tribunal Act 2000".

Income Tax Assessment Act 1936

284 Subsection 124K(1D)

Repeal the subsection, substitute:

(1D) If the Minister makes a decision of the kind mentioned in subsection (1C) and gives a person whose interests are affected by the decision (within the meaning of the Administrative Review Tribunal Act 2000) notice in writing of the decision, that notice must:

(a) in all cases--include a statement to the effect that, subject to the Administrative Review Tribunal Act 2000, application may be made to the Administrative Review Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision; and

(b) except where subsection 57(3) of that Act applies--include a statement to the effect that a request may be made under section 57 of that Act by or on behalf of such a person for a statement of reasons for the decision.

285 Subsection 124ZADAB(2)

Repeal the subsection, substitute:

(1B) If the Minister makes a decision of the kind mentioned in subsection (1) and gives a person whose interests are affected by the decision (within the meaning of the Administrative Review Tribunal Act 2000) notice in writing of the decision, that notice must:

(a) in all cases--include a statement to the effect that, subject to the Administrative Review Tribunal Act 2000, application may be made to the Administrative Review Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision; and

(b) except where subsection 57(3) of that Act applies--include a statement to

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the effect that a request may be made under section 57 of that Act by or on behalf of such a person for a statement of reasons for the decision.

286 Subsection 159UV(2)

Repeal the subsection, substitute:

(1B) If the Minister makes a decision covered by subsection (1) and gives written notice of the decision to the taxpayer, that notice must:

(a) in all cases--include a statement to the effect that, subject to the Administrative Review Tribunal Act 2000, application may be made to the Administrative Review Tribunal, by or on behalf of any person whose interests are affected by the decision, for review of the decision; and

(b) except where subsection 57(3) of that Act applies--include a statement to the effect that a request may be made under section 57 of that Act by or on behalf of such a person for a statement of reasons for the decision.

287 Subsection 202F(2)

Repeal the subsection, substitute:

(1A) The decisions must be reviewed in the Taxation Division of the Tribunal.

(2) If an application has been made to the Tribunal for review of a decision mentioned in paragraph (1)(a), the directions that the Tribunal may give under section 121 of the Administrative Review Tribunal Act 2000 include a direction that the Commissioner issue a tax file number to the applicant pending the determination of the application for review.

288 Subsection 202FA(1)

Repeal the subsection, substitute:

(1) If a decision of the kind mentioned in section 202F is made and notice in writing of the decision is given to a person whose interests are affected by the decision (within the meaning of the Administrative Review Tribunal Act 2000), that notice must:

(a) in all cases--include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2000, be made to the Tribunal for review of the decision; and

(b) except where subsection 57(3) of that Act applies--include a statement to the effect that, under section 57 of that Act, the person may request a statement of reasons for the decision.

289 At the end of section 251QA

Add:

(2) The decisions must be reviewed in the Taxation Division of the Tribunal.

290 Subsection 251QB(1)

Repeal the subsection, substitute:

(1) If:

(a) a decision of the kind mentioned in subsection 251QA(1) is made; and

(b) notice in writing of the decision is given to a person whose interests are affected by the decision (within the meaning of the Administrative Review Tribunal Act 2000);

that notice must include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Review Tribunal Act 2000, if dissatisfied with the decision, apply to the Tribunal for review of the decision.

291 Subsection 265(4)

Omit "the Registrar, a District Registrar or a Deputy Registrar", substitute "the Chief Executive Officer of the Tribunal or a person in charge of a Registry of the Tribunal".

Income Tax Assessment Act 1997

292 Subsection 34-33(4)

Omit "*AAT", substitute "*ART".

293 Subsection 34-33(5)

Repeal the subsection, substitute:

(5) There must also be a statement to the effect that a request may be made under section 57 of that Act by (or on behalf of) such an entity for a statement of reasons for the decision, except where subsection 57(3) of that Act applies.

294 Section 34-40

Omit "*AAT", substitute "*ART".

Note: The heading to section 34-40 is altered by omitting "Appeals" and substituting "Review".

295 Section 387-90

Omit "*AAT", substitute "*ART".

296 Section 396-110

Omit "*AAT", substitute "*ART".

Note: The heading to section 396-110 is altered by omitting "AAT" and substituting "ART".

297 Section 995-1 (definition of AAT)

Repeal the definition.

298 Section 995-1

Insert:

ART means the Administrative Review Tribunal.

Industrial Chemicals (Notification and Assessment) Act 1989


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299 Subsection 80QC(8)

Repeal the subsection.

300 Subsection 80QC(9)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

301 Paragraph 103(1)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

Industry Research and Development Act 1986

302 Subsection 39T(2)

Repeal the subsection.

303 Subsection 39T(3)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request or the making of the application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request or the making of the application to the Administrative Review Tribunal".

304 Paragraph 39T(4)(b)

Omit "paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000".

305 Paragraph 39U(3)(b)

Omit "subsection 28(4) of that Act applies--include a statement to the effect that a request may be made under section 28", substitute "subsection 57(3) of that Act applies--include a statement to the effect that a request may be made under section 57".

306 Subsection 39V(1)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975", substitute "section 133 of the Administrative Review Tribunal Act 2000".

307 Subsection 39V(2)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975", substitute "section 133 of the Administrative Review Tribunal Act 2000".

Insurance Acquisitions and Takeovers Act 1991

308 Subsection 67(2)

Repeal the subsection.

309 Subsection 67(3)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

310 Subsections 67(4), (5) and (6)

Repeal the subsections, substitute:

(4) In giving any direction as to the persons who are to constitute the Administrative Review Tribunal for the purposes of:

(a) a review of a reviewable decision; or

(b) an application under section 121 of the Administrative Review Tribunal Act 2000 in respect of such a decision;

the President must ensure that each member of the Tribunal as so constituted who is not the President, an executive member or a senior member is a person who, in the President's opinion, has special knowledge or skill in relation to life insurance business or insurance business.

(5) A member of the Administrative Review Tribunal must not be one of the members who constitute the Tribunal for the purposes of:

(a) a review of a reviewable decision; or

(b) an application under section 121 of the Administrative Review Tribunal Act 2000 in respect of such a decision;

if he or she is a director or employee of a company or body carrying on (whether in Australia or elsewhere) life insurance business or insurance business.

311 Paragraph 67(7)(b)

Omit "paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000".

Insurance Act 1973

312 Subsection 63(8)

Repeal the subsection.

313 Subsection 63(9)


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Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

314 Subsections 63(10), (11), (12) and (13)

Repeal the subsections, substitute:

(10) For the purposes of a review of a reviewable decision of the Treasurer or APRA, the President must, despite subsections 69(1) and (2) of the Administrative Review Tribunal Act 2000, direct that the Tribunal be constituted by:

(a) one of the following:

(i) the President;

(ii) an executive member;

(iii) a senior member; and

(b) 2 members, neither of whom is the President, an executive member or a senior member.

(11) In giving any direction as to the persons who are to constitute the Administrative Review Tribunal for the purposes of:

(a) the review of a reviewable decision of the Treasurer or APRA; or

(b) an application under section 121 of the Administrative Review Tribunal Act 2000 in respect of such a decision;

the President must ensure that each member of the Tribunal as so constituted who is not the President, an executive member or a senior member is a person who, in the President's opinion, has special knowledge or skill in relation to life insurance business or insurance business.

(12) A member of the Administrative Review Tribunal must not be one of the members who constitute the Tribunal for the purposes of:

(a) the review of a reviewable decision of the Treasurer or APRA; or

(b) an application under section 121 of the Administrative Review Tribunal Act 2000 in respect of such a decision;

if he or she is a director or employee of a company or body carrying on (whether in Australia or elsewhere) life insurance business or insurance business.

315 Paragraph 63(14)(b)

Omit "paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000".

316 Subparagraph 93(6)(c)(ii)

Omit "the Administrative Appeals Tribunal Act 1975 and, if no appeal in the matter is made under section 44", substitute "the Administrative Review Tribunal Act 2000 and, if no appeal in the matter is made under section 167".

Judicial and Statutory Officers (Remuneration and Allowances) Act 1984

317 Paragraph 3(2A)(b)

Repeal the paragraph.

Lands Acquisition Act 1989

318 Paragraphs 28(3)(a) and (b)

Repeal the paragraphs, substitute:

(a) must be in a form and manner required by subsection 141(1) of the Administrative Review Tribunal Act 2000; and

319 Subsection 29(2)

Omit "Sections 27, 29 and 41 and subsection 43(1)", substitute "sections 61, 76, 121, 133 and 141".

320 Paragraph 31(1)(g)

Omit "section 28 of the Administrative Appeals Tribunal Act 1975 or lodged with the Tribunal under section 37 or 38 of that Act", substitute "section 57 of the Administrative Review Tribunal Act 2000 or given to the Tribunal under section 77 or 78 of that Act".

321 Subsection 32(1)

Omit "presidential" (wherever occurring), substitute "executive".

322 Subsection 32(2)

Omit "presidential", substitute "executive".

323 Subsection 32(3) (definition of presidential member)

Repeal the definition.

324 Subsection 32(3)

Insert:

executive member has the meaning given by section 6 of the Administrative Review Tribunal Act 2000.

325 Subsection 71(2)

Omit "subsections (3) and (4)", substitute "subsection (4)".

326 Subsection 71(3)

Repeal the subsection.

327 Subsection 81(2)

Omit "subsections (3) and (4)", substitute "subsection (4)".

328 Subsection 81(3)


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Repeal the subsection.

329 Subsection 99(2)

Omit "subsections (3) and (4)", substitute "subsection (4)".

330 Subsection 99(3)

Repeal the subsection.

331 Subsection 107(2)

Omit "subsections (3) and (4)", substitute "subsection (4)".

332 Subsection 107(3)

Repeal the subsection.

333 Subsection 131(1)

Repeal the subsection, substitute:

(1) The Administrative Review Tribunal may recommend to the Attorney-General that the Commonwealth should pay the whole or a part of the costs, in relation to a review by the Tribunal on an application made to the Tribunal under a provision of this Act, of the person who made the application or of any other person who is a participant in the review under subsection 84(1) of the Administrative Review Tribunal Act 2000.

Note: The heading to section 131 is replaced by the heading "Award of costs in review by the Administrative Review Tribunal".

334 Subsection 131(3)

Omit "proceedings before", substitute "a review by".

Life Insurance Act 1995

335 Subsection 236(9)

Repeal the subsection.

336 Subsection 236(10)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

337 Section 237

Repeal the section, substitute:

237 Constitution and procedure of Tribunal (1) For the purposes of a review of a reviewable decision, the President must, despite subsections 69(1) and (2) of the Administrative Review Tribunal Act 2000, direct that the Administrative Review Tribunal be constituted by:

(a) one of the following:

(i) the President;

(ii) an executive member;

(iii) a senior member; and

(b) 2 members, neither of whom is the President, an executive member or a senior member.

(2) In giving any direction as to the persons who are to constitute the Administrative Review Tribunal for the purposes of:

(a) a review of a reviewable decision; or

(b) an application made under section 121 of the Administrative Review Tribunal Act 2000 in respect of such a decision;

the President must ensure that each member of the Tribunal as so constituted who is not the President, an executive member or a senior member is a person who, in the President's opinion, has special knowledge or skill in relation to life insurance business.

(3) A member of the Administrative Review Tribunal must not be one of the members who constitute the Tribunal for the purposes of:

(a) a review of a reviewable decision; or

(b) an application made under section 121 of the Administrative Review Tribunal Act 2000 in respect of such a decision;

if he or she is a director or employee of a company or body carrying on (whether in Australia or elsewhere) life insurance business or insurance business.

(4) If a participant or another person appears before the Tribunal in a review of a reviewable decision, that part of the review is to be in private and the Tribunal may, by order:

(a) give directions as to other persons who may be present; and

(b) give directions of a kind referred to in paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000.

Meat Inspection Act 1983

338 Subsection 37(7)

Repeal the subsection, substitute:

(7) An order is subordinate legislation for the purposes of the Administrative Review Tribunal Act 2000.

Motor Vehicle Standards Act 1989

339 Paragraph 40(1)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act", substitute "subsection 57(3) of

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that Act applies, application may be made in accordance with section 57 of that Act".

Mutual Recognition Act 1992

340 Paragraph 34(3)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

Narcotic Drugs Act 1967

341 Subsection 14A(2)

Repeal the subsection, substitute:

(2) In a review on an application under subsection (1), the only members who may constitute the Tribunal are the President, executive members and senior members.

National Crime Authority Act 1984

342 Schedule 1

Omit "Administrative Appeals Tribunal Act 1975, section 36", substitute "Administrative Review Tribunal Act 2000, section 101, but only in so far as the Attorney-General of the Commonwealth has certified as mentioned in that section".

National Health Act 1953

343 Part VIIA (heading)

Repeal the heading, substitute:

Part VIIA--Reviews by Administrative Review Tribunal 344 Paragraph 105AD(3)(e)

Omit "subsection 28(4) of that Act applies, the applicant may request a statement under section 28", substitute "subsection 57(3) of that Act applies, the applicant may request a statement under section 57".

Navigation Act 1912

345 Paragraph 377M(2)(b)

Omit "subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28", substitute "subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57".

Offshore Minerals Act 1994

346 Section 406 (definition of decision) (note)

Repeal the note.

347 Paragraph 407(6)(c)

Omit "section 28 of the Administrative Appeals Tribunal Act 1975", substitute "section 57 of the Administrative Review Tribunal Act 2000".

Ombudsman Act 1976

348 Subsection 3(1) (paragraph (d) of the definition of chief executive officer of a court or tribunal)

Repeal the paragraph.

349 After subsection 3(15)

Insert:

(15A) Subsections (14) and (15) do not apply in relation to the Administrative Review Tribunal.

Note: See instead paragraph (b) of the definition of officer.

350 Paragraph 3(18)(b)

Repeal the paragraph.

351 Paragraph 16(5)(b)

Repeal the paragraph.

Ozone Protection Act 1989

352 Subsection 67(1)

Omit "Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision and, except where subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28", substitute "Administrative Review Tribunal Act 2000, be made to the Administrative Review Tribunal for review of the decision and, except where subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57".

Passports Act 1938

353 Subsection 11A(7)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal", substitute "section 133 of the

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Administrative Review Tribunal Act 2000, the Administrative Review Tribunal".

Pay-roll Tax Assessment Act 1941

354 After subsection 40C(2)

Add:

(2A) The decision must be reviewed in the Taxation Division of the Tribunal.

355 Subsection 70(4)

Omit "Registrar, a District Registrar or a Deputy Registrar", substitute "Chief Executive Officer of the Tribunal or a person in charge of a Registry of the Tribunal".

Pay-roll Tax (Territories) Assessment Act 1971

356 Subsection 69(4)

Omit "Registrar, a District Registrar or a Deputy Registrar", substitute "Chief Executive Officer of the Tribunal or a person in charge of a Registry of the Tribunal".

Petroleum Excise (Prices) Act 1987

357 Subsection 12(7)

Repeal the subsection.

Plant Breeder's Rights Act 1994

358 Subsection 3(1) (definition of AAT)

Repeal the definition.

359 Subsection 3(1) (definition of AAT Act)

Repeal the definition.

360 Subsection 3(1)

Insert:

ART means the Administrative Review Tribunal.

361 Subsection 3(1)

Insert:

ART Act means the Administrative Review Tribunal Act 2000.

362 Subsection 19(7) (note)

Omit "AAT", substitute "ART".

363 Subsection 19(10) (note)

Omit "AAT", substitute "ART".

364 Subsection 19(11) (note)

Omit "AAT", substitute "ART".

365 Subsection 21(5) (note)

Omit "AAT", substitute "ART".

366 Subsection 30(5) (note)

Omit "AAT", substitute "ART".

367 Subsection 31(6) (note)

Omit "AAT", substitute "ART".

368 Subsection 34(1) (note)

Omit "AAT", substitute "ART".

369 Subsection 37(1) (note)

Omit "AAT", substitute "ART".

370 Subsection 38(5) (note)

Omit "AAT", substitute "ART".

371 Subsection 39(2) (note)

Omit "AAT", substitute "ART".

372 Subsection 39(3)

Omit "AAT" (wherever occurring), substitute "ART".

373 Subsection 39(5)

Omit "subsection 44A(2) of the AAT Act where an appeal is begun in that Court from a decision of the AAT", substitute "subsection 171(2) of the ART Act where an appeal is begun in that Court from a decision of the ART".

374 Subsection 40(8) (note)

Omit "AAT", substitute "ART".

375 Subsection 40(12) (note)

Omit "AAT", substitute "ART".

376 Subsection 41(1) (note)

Omit "AAT", substitute "ART".

377 Subsection 44(12) (note)

Omit "AAT", substitute "ART".

378 Paragraph 48(2)(b)

Omit "AAT", substitute "ART".

379 Subsection 49(3) (note)

Omit "AAT", substitute "ART".

380 Paragraph 50(6)(a)

Omit "AAT", substitute "ART".

381 Subsection 50(7)

Omit "subsection 44A(2) of the AAT Act", substitute "subsection 171(2) of the ART Act".

382 Subsection 50(10) (note)

Omit "AAT", substitute "ART".

383 Subsection 77(1)


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Omit "AAT", substitute "ART".

384 Subsection 77(2)

Repeal the subsection.

385 Subsection 77(3)

Omit "AAT" (wherever occurring), substitute "ART".

386 Subsection 77(4) (definition of decision)

Omit "AAT Act", substitute "ART Act".

Prawn Export Promotion Act 1995

387 Subsection 29(6)

Repeal the subsection, substitute:

(6) An order is subordinate legislation for the purposes of the Administrative Review Tribunal Act 2000.

Primary Industries Levies and Charges Collection Act 1991

388 Subsection 31(6)

Omit "an enactment for the purposes of the Administrative Appeals Tribunal Act 1975", substitute "subordinate legislation for the purposes of the Administrative Review Tribunal Act 2000".

Privacy Act 1988

389 Subsection 61(3)

Repeal the subsection, substitute:

(3) In exercising powers in relation to an application for review under subsection (1), the President must, despite subsections 69(1) and (2) of the Administrative Review Tribunal Act 2000, direct that the Tribunal be constituted for the purposes of the review by 3 members. Only the President, executive members and senior members can constitute the Tribunal.

Private Health Insurance Incentives Act 1998

390 Section 19-10 (note)

Repeal the note, substitute:

Note: Under section 56 of the Administrative Review Tribunal Act 2000, the decision-maker must notify persons whose interests are affected by the making of the decision and of their right to have the decision reviewed. In notifying any such persons, the decision-maker must have regard to guidelines issued under subsection 56(3) of that Act.

Product Grants and Benefits Administration Act 2000

391 Subsection 24A(4) (paragraph (b) of the definition of decision to which this section applies)

After "Administrative Appeals Tribunal", insert "or the Administrative Review Tribunal".

Radiocommunications Act 1992

392 Section 5 (definition of AAT)

Repeal the definition.

393 Section 5

Insert:

ART means the Administrative Review Tribunal.

394 Paragraph 116(4)(b)

Omit "AAT", substitute "ART".

395 Paragraph 128E(5)(b)

Omit "subsection 41(2) of the Administrative Appeals Tribunal Act 1975", substitute "subsections 121(2), (3) and (4) of the Administrative Review Tribunal Act 2000".

396 Subsection 231(7)

Omit "AAT", substitute "ART".

397 Paragraph 287(1)(b)

Omit "Administrative Appeals Tribunal Act 1975 be made to the AAT", substitute "Administrative Review Tribunal Act 2000 be made to the ART".

398 Paragraph 291(1)(a)

Omit "Administrative Appeals Tribunal Act 1975, if he or she is dissatisfied with the decision so affirmed or varied, apply to the AAT", substitute "Administrative Review Tribunal Act 2000, if he or she is dissatisfied with the decision so affirmed or varied, apply to the ART".

399 Paragraph 291(1)(b)

Omit "section 28", substitute "section 57".

400 Section 292

Omit "AAT", substitute "ART".

Note: The heading to section 292 is altered by omitting "AAT" and substituting "ART".

401 Section 292A

Omit "AAT", substitute "ART".

Note: The heading to section 292A is altered by omitting "AAT" and substituting "ART".

402 Paragraph 292B(b)

Omit "AAT", substitute "ART".

403 Paragraph 3(2)(b) of Part 1 of the Schedule


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Omit "AAT" (wherever occurring), substitute "ART".

404 Paragraph 3(2)(c) of Part 1 of the Schedule

Omit "AAT", substitute "ART".

405 Paragraph 2(1)(c) of Part 2 of the Schedule

Omit "AAT", substitute "ART".

406 Subclause 7(1) of Part 2 of the Schedule

Omit "AAT", substitute "ART".

Note: The heading to clause 7 is altered by omitting "AAT" and substituting "ART".

407 Subclause 7(3) of Part 2 of the Schedule

Repeal the subclause.

408 Subclause 7(4) of Part 2 of the Schedule

Omit "AAT", substitute "ART".

409 Subclause 7(5) of Part 2 of the Schedule

Omit "AAT", substitute "ART".

410 Subclause 8(3) of Part 2 of the Schedule

Omit "AAT", substitute "ART".

411 Subclause 9(4) of Part 2 of the Schedule

Omit "AAT", substitute "ART".

Remuneration and Allowances Act 1990

412 Part 3 of clause 2 of Schedule 1 (table row relating to the President of the Administrative Appeals Tribunal)

Repeal the row.

413 Clause 3 of Schedule 1

Omit "President of the Administrative Appeals Tribunal,".

414 Clause 5 of Schedule 1

Omit "President of the Administrative Appeals Tribunal,".

415 Part 3 of clause 3 of Schedule 2 (table row relating to the Deputy President (non-judicial), Administrative Appeals Tribunal)

Repeal the row.

Retirement Savings Accounts Act 1997

416 Subsection 189(8)

Repeal the subsection.

417 Subsection 189(9)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

Note: The heading to subsection 189(9) is replaced by the heading "Section 121 of ART Act".

Safety, Rehabilitation and Compensation Act 1988

418 Subsection 4(1) (definition of proceeding under Part VI)

Repeal the definition.

419 Subsection 4(12)

Repeal the subsection.

420 Paragraph 26(4)(b)

Repeal the paragraph, substitute:

(b) an application for review of such a determination has been made under Part VI.

421 Subsection 60(2)

Omit "parties to proceedings instituted under this Part", substitute "participants in the review by the Administrative Review Tribunal under this Part of a reviewable decision".

422 Subsection 64(3)

Omit "section 27 of the Administrative Appeals Tribunal Act 1975, a person may not make an application to the Administrative Appeals Tribunal", substitute "section 61 of the Administrative Review Tribunal Act 2000, a person may not make an application to the Administrative Review Tribunal".

423 Subsections 65(2), (3) and (4)

Repeal the subsections, substitute:

(2) Paragraph 69(5)(b) of the Act has effect as if "which must be in Australia or in an external Territory" were replaced with "which may be either within or outside Australia".

424 Paragraph 66(1)(a)

Omit "instituted proceedings under this Part", substitute "applied to the Administrative Review Tribunal under this Part for review of a reviewable decision".

425 Paragraph 66(1)(a)

Omit "in those proceedings", substitute "in that review".

426 Paragraph 66(1)(b)

Omit "hearing of those proceedings", substitute "evidence to begin to be given in that review".

427 Subsection 66(1)


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Omit "in those proceedings".

428 Subsection 66(2)

Omit "proceedings instituted under this Part in relation", substitute "evidence in any review by the Tribunal under this Part of a reviewable decision relating".

429 Subsection 67(1)

Repeal the subsection, substitute:

(1) Subject to this section, the costs incurred by a participant in the review by the Administrative Review Tribunal of that reviewable decision are to be borne by that participant.

430 Subsection 67(2)

Omit "proceeding instituted under this Part in respect", substitute "review by the Administrative Review Tribunal under this Part".

431 Subsection 67(2)

Omit "that proceeding", substitute "that review".

432 Subsection 67(8)

Omit "proceedings instituted", substitute "application under this Part".

433 Subsection 67(8)

Omit "those proceedings", substitute "that review".

434 Subsection 67(8A)

Omit "any proceedings instituted", substitute "any review of a reviewable decision resulting from an application made under this Part".

435 Subsection 67(8B)

Omit "any proceedings instituted", substitute "any review of a reviewable decision resulting from an application made under this Part".

436 Subsection 67(8B)

Omit "the proceedings", substitute "the review".

437 Subsection 67(9)

Omit "proceedings before it", substitute "review".

438 Subsection 67(11)

Omit "any proceedings", substitute "any review of a reviewable decision under this Part".

439 Subsection 67(11)

Omit "those proceedings", substitute "that review".

440 Subsection 67(12)

Omit "any proceedings", substitute "any review of a reviewable decision under this Part".

441 Subsection 67(12)

Omit "those proceedings", substitute "that review".

442 Subsection 67(13)

Omit "parties", substitute "participants".

443 Subsection 67(13)

Omit "the Registrar, a District Registrar or a Deputy Registrar", substitute "the Chief Executive Officer or staff of the Tribunal".

444 Subsection 67(14)

Omit "section 69A of the Administrative Appeals Tribunal Act 1975, the responsible authority is taken to be a party to the proceeding before the Administrative Appeals Tribunal", substitute "section 156 of the Administrative Review Tribunal Act 2000, the responsible authority is taken to be a participant in the review by the Administrative Review Tribunal".

445 Paragraph 107G(3)(b)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

446 Subsection 107K(4)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

447 Subsection 107L(9)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

448 Subsection 107L(10)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

449 Subsection 107M(11)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

450 Subsection 107M(12)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

451 Subsection 107Z(5)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

452 Subsection 107ZA(6)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

453 Subsection 107ZB(9)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

454 Paragraph 108H(4)(b)

Omit "proceedings under Part VI", substitute "review of a reviewable

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decision under Part VI".

455 Subsection 108L(4)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

456 Subsection 108M(4)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

457 Subsection 108W(7)

Omit "proceedings under Part VI", substitute "review of a reviewable decision under Part VI".

Seafarers Rehabilitation and Compensation Act 1992

458 Section 3 (definition of AAT)

Repeal the definition.

459 Section 3

Insert:

ART means the Administrative Review Tribunal.

460 Section 74

Omit "AAT", substitute "ART".

461 At the end of section 74

Add:

(2) Section 57 of the ART Act applies to the decision as if a reference to a person whose interests are affected by the decision were a reference to the employer.

Note: The heading to section 74 is altered by adding at the end "etc.".

462 Part 6 (heading)

Repeal the heading, substitute:

Part 6--Reconsideration of determinations and review of decisions by the Administrative Review Tribunal 463 Subsection 76(1) (definition of AAT Act)

Repeal the definition.

464 Subsection 76(1) (definition of AAT extension application)

Repeal the definition.

465 Subsection 76(1)

Insert:

ART Act means the Administrative Review Tribunal Act 2000.

466 Subsection 76(1)

Insert:

ART extension application means an application under section 142 of the ART Act that relates to a review of a reviewable decision or an extension of time decision.

467 Subsection 76(1) (definition of decision)

Omit "AAT", substitute "ART".

468 Subsection 76(2)

Omit "parties to", substitute "participants in".

469 Subsection 78(1)

Omit "a proceeding has been instituted or completed under this Part in respect of a reviewable decision made in relation to that determination", substitute "an application has been made under this Part for the review by the ART of a reviewable decision made in relation to that determination, and whether or not any such review has been completed".

470 Section 80

Omit "AAT", substitute "ART".

471 At the end of section 80

Add:

(2) Section 57 of the ART Act applies to the decision as if a reference to a person whose interests are affected by the decision were a reference to the employer.

Note: The heading to section 80 is altered by adding at the end "etc.".

472 Paragraph 87(c)

Omit "AAT" (wherever occurring), substitute "ART".

473 Subsection 88(1)

Omit "AAT", substitute "ART".

Note: The heading to section 88 is altered by omitting "AAT" and substituting "ART etc.".

474 Subsection 88(2)

Omit "section 27 of the AAT Act", substitute "section 61 of the ART Act".

475 At the end of section 88

Add:

(3) Section 57 of the ART Act applies to a reviewable decision as if a reference to a person whose interests are affected by the decision were a reference to the claimant.

476 Division 3 of Part 6 (heading)

Repeal the heading, substitute:

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Division 3--ART review of reviewable decisions and extension of time decisions etc. 477 Subsection 89(1)

Omit "AAT" (wherever occurring), substitute "ART".

Note: The heading to section 89 is altered by omitting "AAT" and substituting "ART".

478 Subsection 89(2)

Repeal the subsection, substitute:

(2) Paragraph 69(5)(b) of the ART Act has effect as if "which must be in Australia or in an external Territory" were replaced with "which may be either within or outside Australia".

479 Subsection 89(3)

Repeal the subsection.

480 Paragraph 89(4)(a)

Omit "AAT has not made a decision under section 43 of the AAT Act", substitute "ART has not made a decision under section 133 of the ART Act".

481 Paragraph 89(4)(c)

Repeal the paragraph, substitute:

(c) subsection 57(1) and paragraph 84(1)(b) of the ART Act have effect as if a reference to the decision-maker were a reference to the Fund; and

482 Paragraph 89(4)(d)

Repeal the paragraph, substitute:

(d) the ART must:

(i) if the ART has commenced but not finished its review--adjourn the review for a period of at least 28 days beginning on the day the ART becomes aware of the default event in relation to the actual employer; and

(ii) if the ART has not commenced its review--not commence the review for a period of at least 28 days beginning on the day the ART becomes aware of the default event in relation to the actual employer.

483 Subsection 90(1)

Repeal the subsection, substitute:

(1) If:

(a) a claimant who has applied to the ART under this Part for review of a reviewable decision seeks to adduce any matter in evidence before the ART in that review; and

(b) the claimant has not disclosed that matter to the ART at least 28 days before the day fixed for the evidence to begin to be given in that review;

that matter is not admissible in evidence without the leave of the ART.

Note: The heading to section 90 is altered by omitting "AAT" and substituting "ART".

484 Subsection 90(2)

Omit "AAT, admissible in proceedings instituted under this Part in relation", substitute "ART, admissible in evidence in any review by the Tribunal under this Part of a reviewable decision relating".

485 Subsection 90(2A)

Omit "AAT, admissible in proceedings instituted under this Part in relation", substitute "ART, admissible in evidence in any review by the Tribunal under this Part of a reviewable decision relating".

486 Subsection 90(3)

Omit "AAT" (wherever occurring), substitute "ART".

487 Subsection 91(1)

Repeal the subsection, substitute:

(1) Subject to this section, the costs incurred by a participant in a review by the ART are to be borne by that participant.

Note: The heading to section 91 is altered by omitting "AAT" and substituting "ART".

488 Subsection 91(2)

Omit "proceedings instituted under this Part in respect of a reviewable decision relating to a determination are", substitute "a review by the ART under this Part in respect of a reviewable decision relating to a determination is".

489 Subsection 91(2)

Omit "that proceeding", substitute "that review".

490 Paragraph 91(3)(e)

Omit "AAT", substitute "ART".

491 Paragraph 91(4)(e)

Omit "AAT", substitute "ART".

492 Subsection 91(6)

Omit "AAT", substitute "ART".

493 Subsection 92(1)

Omit "in any proceedings instituted", substitute "on an application made".

Note: The heading to section 92 is altered by omitting "AAT" and substituting "ART".

494 Subsection 92(1)

Omit "AAT" (wherever occurring), substitute "ART".

495 Subsection 92(1)

Omit "those proceedings", substitute "that review".


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496 Subsection 92(2)

Omit "AAT" (wherever occurring), substitute "ART".

497 Subsection 92(2)

Omit "proceedings before it", substitute "review".

498 Subsection 92(3)

Omit "AAT" (wherever occurring), substitute "ART".

499 Subsection 92(4)

Omit "any proceedings", substitute "any review of a reviewable decision under this Part".

500 Subsection 92(4)

Omit "AAT" (wherever occurring), substitute "ART".

501 Subsection 92(4)

Omit "those proceedings", substitute "that review".

502 Subsection 92(5)

Omit "any proceedings", substitute "any review of a reviewable decision under this Part".

503 Subsection 92(5)

Omit "AAT" (wherever occurring), substitute "ART".

504 Subsection 92(5)

Omit "those proceedings", substitute "that review".

505 Subsection 92(6)

Repeal the subsection, substitute:

(6) If the ART orders an employer to pay costs incurred by a claimant, the ART may, in the absence of agreement between the participants as to the amount of the costs, tax or settle the amount of costs or order that the costs be taxed by the Chief Executive Officer or staff of the ART.

506 Subsection 92(7)

Omit "section 69A of the AAT Act, an employer who is ordered by the AAT", substitute "section 156 of the ART Act, an employer who is ordered by the ART".

Sea Installations Act 1987

507 Paragraph 76(1)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

Ships (Capital Grants) Act 1987

508 Subsection 38(2)

Omit "section 43 of the Administrative Appeals Tribunal Act 1975, where the Administrative Appeals Tribunal", substitute "sections 133, 134, 136 and 137 of the Administrative Review Tribunal Act 2000, where the Administrative Review Tribunal".

Small Superannuation Accounts Act 1995

509 At the end of section 83

Add:

(2) The decision must be reviewed in the Taxation Division of the Tribunal.

510 Subsection 84(1)

Repeal the subsection.

Note: The heading to section 84 is altered by omitting "Administrative Appeals Tribunal Act 1975" and substituting "Administrative Review Tribunal Act 2000".

511 Subsection 84(2)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

Note: The heading to subsection 84(2) is replaced by the heading "Section 121 of ART Act".

Spirits Act 1906

512 After subsection 20(2)

Insert:

(2A) The decision must be reviewed in the Taxation Division of the Tribunal.

513 Subsection 20(3)

Omit "subsection (2)", substitute "this section".

Student Assistance Act 1973

514 Paragraph 5C(e)

Omit "Administrative Appeals Tribunal and the Social Security Appeals Tribunal", substitute "Administrative Review Tribunal".

515 Paragraph 12ZQ(2)(b)

Omit "subsection 28(4) of that Act applies, also include a statement to the effect that the person may request a statement under section 28", substitute "subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57".

516 Subsection 303(3)


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Omit "Social Security Appeals Tribunal or the Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

Note: The heading to subsection 303(3) is altered by omitting "Tribunals" and substituting "the Administrative Review Tribunal".

517 Subsection 303(5)

Repeal the subsection.

518 Subsection 303(6)

Omit "Registrar of the Administrative Appeals Tribunal", substitute "Chief Executive Officer of the Administrative Review Tribunal".

Note: The heading to subsection 303(6) is altered by omitting "AAT Registrar" and substituting "ART Chief Executive Officer".

519 Subsection 304(5)

Omit "Social Security Appeals Tribunal" (wherever occurring), substitute "Administrative Review Tribunal".

520 Paragraph 308(1)(a)

Omit "Social Security Appeals Tribunal", substitute "Administrative Review Tribunal".

521 Paragraph 308(1)(c)

Repeal the paragraph.

522 Division 2 of Part 9

Repeal the Division.

523 Division 3 of Part 9 (heading)

Repeal the heading, substitute:

Division 3--Right to review by Administrative Review Tribunal 524 Section 324

Repeal the section, substitute:

324 Application for review by ART People who may apply for review

(1) If:

(a) a decision has been reviewed by the Secretary or an authorised review officer under section 306; and

(b) the decision has been affirmed, varied or set aside;

a person whose interests are affected by the decision of the Secretary or the authorised review officer may apply to the Administrative Review Tribunal for review of that decision.

Decision made by Secretary or review officer

(2) For the purposes of subsection (1), the decision made by the Secretary or the authorised review officer is taken to be:

(a) if the Secretary or the authorised review officer affirms a decision--the decision as affirmed; and

(b) if the Secretary or the authorised review officer varies a decision--the decision as varied; and

(c) if the Secretary or the authorised review officer sets a decision aside and substitutes a new decision--the new decision.

ART Act requirements

(3) Subsection (1) has effect subject to section 141 of the Administrative Review Tribunal Act 2000.

Note: Under section 141 of the Administrative Review Tribunal Act 2000, an application to the ART for review of a decision must be in the form and manner applicable under the practice and procedure directions.

Secretary may treat event as having occurred

(4) If:

(a) the Administrative Review Tribunal sets a decision aside; and

(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Division.

324A Non-reviewable decisions However, the Administrative Review Tribunal cannot review a decision:

(a) under section 343 or 345 (notice requiring information from any person); or

(b) under section 305 (continuation of payment pending review of adverse decision).

525 Division 4 of Part 9

Repeal the Division.

526 Paragraph 335(1)(c)

Repeal the paragraph, substitute:

(b) the executive member of the Income Support Division of the Administrative Review Tribunal.

527 Subsection 335(4)

Repeal the subsection, substitute:


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Executive member to have regard to statement

(4) In exercising powers under this Act, the executive member for the Income Support Division of the Administrative Review Tribunal must have regard to any statement a copy of which has been given to the member under subsection (1).

528 Section 336

Omit "National Convener of the Social Security Appeals Tribunal", substitute "executive member of the Income Support Division of the Administrative Review Tribunal".

Note: The heading to section 336 is altered by omitting "National Convener" and substituting "executive member".

Superannuation Act 1976

529 Subsection 154(7)

Repeal the subsection, substitute:

(7) For the purposes of such a review, the President must, despite subsection 69(2) of the Administrative Review Tribunal Act 2000, direct that the Tribunal be constituted for the purposes of the review by:

(a) at least one executive member or senior member; and

(b) at least one member who is an eligible employee or a pensioner.

Superannuation Industry (Supervision) Act 1993

530 Subsection 344(9)

Repeal the subsection.

531 Subsection 344(10)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

Note: The heading to subsection 344(10) is replaced by the heading "Section 121 of ART Act".

532 Paragraph 344(11)(b)

Omit "paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000".

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987

533 Subsection 16(7)

Repeal the subsection, substitute:

(7) The decisions must be reviewed in the Taxation Division of the Tribunal.

534 Subsection 16(8)

Omit "section 41 of the Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal", substitute "section 121 of the Administrative Review Tribunal Act 2000 applies as if the making of the request were the making of an application to the Administrative Review Tribunal".

535 Subsection 16(9)

Omit "hearing of a proceeding", substitute "conduct of a review".

536 Paragraph 16(9)(b)

Omit "paragraph 35(2)(b) or (c) of the Administrative Appeals Tribunal Act 1975", substitute "paragraph 100(4)(b) of the Administrative Review Tribunal Act 2000".

Swimming Pools Tax Refund Act 1992

537 After subsection 4(7)

Insert:

(7A) The decision must be reviewed in the Taxation Division of the Tribunal.

Telecommunications Act 1997

538 Subparagraph 557(1)(b)(ii)

Omit "section 28", substitute "section 57".

539 Paragraph 561(1)(b)

Omit "section 28", substitute "section 57".

Telecommunications (Interception) Act 1979

540 Subsection 5(1) (definition of nominated AAT member)

Repeal the definition.

541 Subsection 5(1)

Insert:

nominated ART member means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 6DA to issue warrants under Part VI.

542 Subsection 6DA(1)

Repeal the subsection, substitute:

(1) The Minister may, by writing, nominate a person who is a member of the Administrative Review Tribunal to issue warrants under Part VI.


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Note: The heading to section 6DA is altered by omitting "AAT" and substituting "ART".

543 Subsection 6DA(2)

Repeal the subsection, substitute:

(2) However, the Minister must not nominate a person under subsection (1) unless the person:

(a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

(b) has been so enrolled for not less than 5 years.

544 Paragraph 6DA(3)(a)

Repeal the paragraph, substitute:

(a) the person ceases to be a member of the Administrative Review Tribunal; or

545 Subsection 6DA(4)

Omit "nominated AAT member", substitute "nominated ART member".

546 Section 6H

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

547 Subsection 7(7)

Omit "nominated AAT member", substitute "nominated ART member".

548 Subsection 39(1)

Omit "nominated AAT member", substitute "nominated ART member".

549 Section 43

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

550 Subsection 44(1)

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

551 Paragraph 44(2)(b)

Omit "nominated AAT member", substitute "nominated ART member".

552 Section 45

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

553 Section 45A

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

554 Subsection 46(1)

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

555 Subsection 46(2)

Omit "nominated AAT member", substitute "nominated ART member".

556 Section 46A

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

557 Paragraphs 48(3)(a), (b) and (c)

Omit "nominated AAT member", substitute "nominated ART member".

558 Paragraph 48(3)(d)

Omit "nominated AAT member" (wherever occurring), substitute "nominated ART member".

559 Subsection 48(4)

Omit "nominated AAT member", substitute "nominated ART member".

560 Subsection 48(5)

Omit "nominated AAT member issues", substitute "nominated ART member issues".

561 Paragraph 48(5)(b)

Omit "nominated AAT member", substitute "nominated ART member".

562 Subsections 49(1), (4) and (7)

Omit "nominated AAT member", substitute "nominated ART member".

563 Subsections 50(1) and (2)

Omit "nominated AAT member", substitute "nominated ART member".

564 Subsections 51(2) and (3)

Omit "nominated AAT member", substitute "nominated ART member".

565 Subsection 52(1)

Omit "nominated AAT member", substitute "nominated ART member".

Note: The heading to section 52 is altered by omitting "AAT" and substituting "ART".

566 Paragraphs 53(2)(a), (b) and (c)

Omit "nominated AAT member", substitute "nominated ART member".

567 Paragraphs 81A(2)(b) and (g)

Omit "nominated AAT member", substitute "nominated ART member".

568 Paragraphs 81C(2)(b) and (g)

Omit "nominated AAT member", substitute "nominated ART member".

569 Paragraph 94A(3)(e)

Omit "nominated AAT member", substitute "nominated ART member".

570 Paragraph 103(ab)

Omit "AAT" (wherever occurring), substitute "ART".

Textile, Clothing and Footwear Strategic Investment Program Act 1999

571 Subsection 22(4)


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Omit "section 41 of the Administrative Appeals Tribunal Act 1975", substitute "section 121 of the Administrative Review Tribunal Act 2000".

572 Subsection 22(7)

Repeal the subsection.

Therapeutic Goods Act 1989

573 Subsection 60(5)

Omit "subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, apply for a statement setting out the reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Appeals Tribunal", substitute "subsection 57(3) of the Administrative Review Tribunal Act 2000 applies, apply for a statement setting out the reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Review Tribunal".

574 After subsection 60A(7)

Insert:

(7A) This section applies despite section 124 of the Administrative Review Tribunal Act 2000.

Trade Practices Act 1974

575 Paragraph 10.85(1)(b)

Omit "Administrative Appeals Tribunal for review of a decision may, under section 28 of that Act", substitute "Administrative Review Tribunal for review of a decision may, under section 57 of that Act".

576 Subsection 10.85(2)

Omit "subsection 28(4) of the Administrative Appeals Tribunal Act 1975", substitute "subsection 57(3) of the Administrative Review Tribunal Act 2000".

Tradesmen's Rights Regulation Act 1946

577 Paragraph 51A(9)(b)

Omit "unless subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "unless subsection 57(3) of that Act applies, application may be made in accordance with section 57.

Tradex Scheme Act 1999

578 Section 40 (note)

Repeal the note, substitute:

Note: Under section 56 of the Administrative Review Tribunal Act 2000, the Secretary must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision, in writing or otherwise, notice of:

(a) the making of the decision; and

(b) the person's right to have the decision reviewed.

In notifying any such person, the Secretary must have regard to any guidelines issued under subsection (3) of that section.

Trans-Tasman Mutual Recognition Act 1997

579 Subsection 30(3)

Omit "Registrar or other proper officer", substitute "Chief Executive Officer".

580 Paragraph 33(3)(b)

Omit "subsection 28(4) of that Act applies, application may be made in accordance with section 28", substitute "subsection 57(3) of that Act applies, application may be made in accordance with section 57".

581 Subsection 35(3)

Omit "paragraph 20(1A)(b) of the Administrative Appeals Tribunal Act 1975", substitute "section 69 of the Administrative Review Tribunal Act 2000".

582 Subsection 35(5)

Omit "Part III, IIIA, IV or VI of the Administrative Appeals Tribunal Act 1975", substitute "any of Parts 3 to 10 of the Administrative Review Tribunal Act 2000".

Schedule 4--Amendment of Australian Security Intelligence Organisation Act 1979

1 Section 35

Insert:

ART Act means the Administrative Review Tribunal Act 2000.

2 Section 35

Insert:

member has the same meaning as in the ART Act.

3 Section 35

Insert:

President has the same meaning as in the ART Act.

4 Section 35 (definition of Tribunal)

Omit "Appeals", substitute "Review".


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5 Paragraph 38(2)(b)

Repeal the paragraph, substitute:

(b) the disclosure to a person of information consisting of:

(i) the statement of grounds contained in a security assessment in respect of the person; or

(ii) a particular part of that statement;

would be contrary to the public interest because it would prejudice security.

6 After section 38

Insert:

38A ART Act notice etc. provisions not to apply Subdivision B of Division 1 of Part 4 of the ART Act does not apply to the making of an adverse or qualified security assessment.

7 Subsection 54(2)

Repeal the subsection, substitute:

(2) The assessment must be reviewed in the Commercial and General Division of the Tribunal, which for that purpose is to be called the Security Appeals Division.

8 After section 54

Insert:

54A Modified application of ART Act in relation to the review (1) The application of the ART Act in relation to the review is subject to the modifications set out in Schedule 1.

(2) Any expression used in those modifications that is defined in this Act has the same meaning in those modifications as it does in this Act.

9 Subsection 65(3)

Omit "Sections 43 and 43AAA of the Administrative Appeals Tribunal Act 1975", substitute "Division 2 of Part 8 of the ART Act".

Schedule 5--New Schedule to Australian Security Intelligence Organisation Act 1979

1 At the end of the Act

Add:

Schedule 1--Modified application of Administrative Review Tribunal Act in relation to review of decisions

Note: This Schedule sets out modifications of the Administrative Review Tribunal Act 2000 that, in accordance with section 54A of this Act, are to be made for the purposes of the review mentioned in that section.

1 Subdivision B of Division 1 of Part 4

Repeal the Subdivision.

2 Section 61

Repeal the section, substitute:

61 Who may apply If a person in respect of whom the security assessment was made is given notice of the assessment under section 38 of the Australian Security Intelligence Organisation Act 1979, the person may apply to the Tribunal for a review of the decision concerned.

3 Section 63

Repeal the section, substitute:

63 Who may apply If the Tribunal makes a first-tier decision, the applicant in relation to the first-tier review that resulted in that decision may apply to the Tribunal for leave to have the Tribunal review that decision.

4 Section 69

Repeal the section, substitute:

69 Initial constitution of the Tribunal (1) Subject to this section, the President must direct that 3 members are to constitute the Tribunal for the purpose of conducting the review.

(2) Only the President, executive members and senior members can constitute the Tribunal.

(3) The members must be persons assigned or appointed to the Security Appeals Division, except in the case of a member who is the President.

(4) None of the members must be, or have been, the Director-General of Security or an officer, employee or agent of the Australian Security Intelligence Organisation.

(5) At least one of the members must:

(a) if the matter to which the assessment related concerns employment or proposed employment in the Australian Public Service--be a former employee of

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that Service; or

(b) if the matter to which the assessment related concerns service or proposed service in the Defence Force--be a former member of that Force; or

(c) if the matter to which the assessment related concerns the Australian Citizenship Act 1948, the Migration Act 1958 or the Passports Act 1938--be a person with knowledge of, or experience in relation to, the needs and concerns of people who are or have been immigrants; or

(d) if the matter to which the assessment related concerns employment under Commonwealth contractors--be a person with experience in relation to such employment; or

(e) in any other case--be a person with knowledge of, or experience in relation to, matters of the kind to which the assessment related.

(6) If, before the review has been completed, one of the members has ceased to be available:

(a) the members are to stop conducting the review, and the President is to give a direction under subsection (1) to members to constitute the Tribunal for the purpose of conducting another review of the adverse or qualified security assessment; and

(b) the members so directed may have regard to:

(i) any record of the earlier review (including of any evidence given); and

(ii) any document relating to the review held by the members conducting that earlier review.

5 Sections 76 to 82

Repeal the sections, substitute:

76 Notice of application The Tribunal must give a copy of the application, and of the statement lodged with the application, to the Director-General of Security and to the Commonwealth agency to which the assessment was given.

77 Director-General of Security to give Attorney-General's certificate etc. to Tribunal (1) If the Attorney-General has given a certificate in accordance with paragraph 38(2)(b) of the Australian Security Intelligence Organisation Act 1979, the Director-General of Security must, within 30 days after receiving notice of the application, give the Tribunal a copy of the certificate, together with a copy of the whole of the assessment.

(2) The Tribunal must not, at any time, tell the applicant of the existence of, or permit the applicant to have access to, any copy or particulars of the certificate or any matter to which the certificate relates.

Note: Section 101 deals with the effect of the certificate on the disclosure of information for the purposes of the review.

78 Director-General of Security to give relevant information to Tribunal The Director-General of Security must give the Tribunal all relevant information available to the Director-General, whether favourable or unfavourable to the applicant.

6 Section 84

Repeal the section, substitute:

84 Participants in the review The participants in the review are the Director-General of Security and the applicant.

7 Sections 85 to 87

Repeal the sections.

8 After section 93

Insert:

93A Facilitating the conduct of the review The member who presides may, at any time, require either or both of the participants to appear or be represented before the member for the purpose of conferring with the member with a view to identifying the matters in issue in the review or otherwise facilitating the conduct of the review.

9 After section 94

Insert:

94A Order of taking evidence etc. (1) The Tribunal must first hear evidence given, and submissions made, by or on behalf of the Director-General of Security and any evidence or submissions that the Commonwealth agency to which the assessment was given may wish to give or make.

(2) The Tribunal must next permit the applicant, if he or she wishes to do so, to give evidence and make submissions to the Tribunal.

(3) The Tribunal may, on its own initiative, at any stage in the review invite a person to give evidence, or cause a person to be summoned to give evidence.


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(4) A member of the Tribunal may ask questions of a person giving evidence before the Tribunal, and the member presiding may require a person giving evidence to answer any such question.

(5) If:

(a) a participant presents his or her case to the Tribunal; and

(b) after the participant does so, the other participant gives evidence; and

(c) the Tribunal thinks that, because of evidence given by the other participant, the first participant should be given an opportunity of giving further evidence;

the Tribunal must give the first participant that opportunity, but must not give the applicant any particulars of any evidence to which a certificate given under subsection 100(4) relates.

10 Section 100

Repeal the section, substitute:

100 Review to be in private etc. (1) The review is to be in private and, subject to this section, the Tribunal is to determine the people who may be present at any time.

(2) Subject to subsection (5), the applicant and a person representing the applicant may be present when the Tribunal is hearing submissions made or evidence given by the Director-General of Security or the Commonwealth agency to which the assessment was given.

(3) The Director-General of Security or a person representing the Director-General, and a person representing the Commonwealth agency to which the assessment was given, may be present when the Tribunal is hearing submissions made or evidence given by the applicant.

(4) The Minister administering the Australian Security Intelligence Organisation Act 1979 may, in writing signed by the Minister, certify that evidence proposed to be given or submissions proposed to be made:

(a) by an officer or employee of the Australian Security Intelligence Organisation, or by or on behalf of the Director-General of Security; or

(b) by an officer or employee of, or otherwise by or on behalf of, the Commonwealth agency to which the assessment was given;

are of such a nature that the disclosure of the evidence or submissions would be contrary to the public interest because it would prejudice security or the defence of Australia.

(5) If such a certificate is given:

(a) the applicant must not be present when the evidence is given or the submissions are made; and

(b) a person representing the applicant must not be present when the evidence is given or the submissions are made unless the Minister consents.

(6) If a person representing the applicant is present when evidence to which a certificate given under subsection (4) relates is given or submissions to which such a certificate relates are made, the representative must not disclose any such evidence or submission to the applicant or to any other person.

Penalty: Imprisonment for 2 years.

Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.

(7) If the Director-General of Security so requests, the Tribunal must do all things necessary to ensure that the identity of a person giving evidence on behalf of the Director-General of Security is not revealed.

100A Restriction on publication of evidence etc. The Tribunal may give directions prohibiting or restricting the publication of:

(a) the names and addresses of participants before the Tribunal, or persons giving evidence before the Tribunal; or

(b) statements made to the Tribunal; or

(c) evidence given to the Tribunal; or

(d) matters contained in documents given to the Tribunal; or

(e) the nature of other things given to the Tribunal; or

(f) the whole or any part of the Tribunal's decision under section 133 on the review; or

(g) the whole or any part of the Tribunal's findings in relation to the review.

11 Section 101

Repeal the section, substitute:

101 Certain documents and information not to be disclosed (1) This section applies if the Attorney-General:

(a) certifies in accordance with paragraph 38(2)(b) of the Australian Security Intelligence Organisation Act 1979 that the disclosure of information would be contrary to the public interest because it would prejudice security; or

(b) certifies, in writing signed by the Attorney-General, that the disclosure of specified information, or the disclosure of any matter contained in a specified document, for the purposes of the review would be contrary to the

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public interest for any of the reasons set out in subsection (2).

(2) The reasons are:

(a) the disclosure would prejudice security or the defence or international relations of Australia; or

(b) the disclosure would involve the disclosure of deliberations or decisions of the Cabinet or a Committee of the Cabinet or of the Executive Council; or

(c) any other reason that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the information or the matter should not be disclosed.

(3) If this section applies, a person is not excused from disclosing the information, or giving the document, to the Tribunal for the purposes of the review if the person is required by or under this Act to do so.

(4) However, the Tribunal must, subject to subsections (5), (6) and (8) and section 173, do all things necessary to ensure:

(a) that the information, or the matter contained in the document, is not disclosed to any person other than a member of the Tribunal as constituted for the purposes of the review; and

(b) in the case of a document given to the Tribunal--that the document is returned to the person who gave it to the Tribunal.

(5) Subsection (4) does not apply in relation to disclosure to the Director-General of Security or his or her representative if:

(a) paragraph (1)(a) applies; or

(b) paragraph (1)(b) applies and the reason stated in the certificate is that mentioned in paragraph (2)(a).

(6) If:

(a) paragraph (1)(b) applies and the certificate does not state a reason mentioned in paragraph (2)(a) or (b); and

(b) the member presiding is satisfied that the interests of justice outweigh the reason stated by the Attorney-General;

the member may authorise the disclosure of the information, or of the contents of the document to, the applicant.

(7) The member presiding must, in considering whether information or matter contained in a document should be disclosed as mentioned in subsection (6):

(a) take as the basis of his or her consideration the principle that it is desirable, in the interest of ensuring the effective performance of the Tribunal's functions, for the participants in the review to be made aware of all relevant matters; and

(b) have due regard to any reason specified in the certificate.

(8) This section does not prevent the disclosure of information or of matter contained in a document to a member of the Tribunal's staff in the course of the performance of his or her duties as a member of the Tribunal's staff.

(9) This section excludes the operation, apart from this section, of any rules of law relating to the public interest that would otherwise apply in relation to the disclosure of information or of matter contained in documents in the review.

(10) If the Attorney-General has given a certificate under subsection (1) in respect of a document, this section applies in relation to a document that is a copy of the first-mentioned document as if the copy were the original document.

(11) It is the duty of the Tribunal, even though there may be no relevant certificate under this section, to ensure, so far as it is able to do so, that, in or in connection with a proceeding, information is not communicated or made available to a person contrary to the requirements of security.

12 Sections 102, 103 and 104

Repeal the sections.

13 Section 129

Repeal the section, substitute:

129 Applicant fails to proceed or to comply with practice and procedure directions etc. If the applicant fails, without reasonable excuse, to comply with any practice and procedure direction or with any direction given or obligation imposed by the Tribunal in conducting the review, the Tribunal may end the review.

14 Before section 133

Insert:

132A Findings of Tribunal (1) At the end of the review, the Tribunal must make and record its findings, and those findings may state the opinion of the Tribunal as to the correctness of, or justification for, any opinion, advice or information contained in the security assessment.

(2) The Tribunal must not make findings in relation to an assessment that would, under section 61 of the Australian Security Intelligence Organisation Act 1979, have the effect of superseding any information that is, under subsection 37(2) of that Act, taken to be part of the assessment unless those findings state that, in the Tribunal's opinion:

(a) the information is incorrect; or

(b) the information is incorrectly represented; or


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(c) the information could not reasonably be relevant to the requirements of security.

(3) Subject to subsection (4), the Tribunal must cause copies of its findings to be given to:

(a) the applicant; and

(b) the Director-General of Security; and

(c) the Commonwealth agency to which the assessment was given; and

(d) the Attorney-General.

(4) The Tribunal may direct that the whole or a particular part of its findings, so far as they relate to a matter that has not already been disclosed to the applicant, is not to be given to the applicant or is not to be given to the Commonwealth agency to which the assessment was given.

(5) Subject to any direction by the Tribunal, the applicant is entitled to publish, in any manner that he or she thinks fit, the findings of the Tribunal so far as they have been given to him or her.

(6) The Tribunal may attach, to a copy of findings to be given to the Director-General under this section, any comments the Tribunal wishes to make on matters relating to practices or procedures of the Australian Security Intelligence Organisation that have come to the Tribunal's attention as a result of a review.

(7) The Tribunal must give the Minister administering the Australian Security Intelligence Organisation Act 1979 a copy of any such comments.

(8) The remaining provisions of this Division have effect subject to this section.

15 After section 141

Insert:

141A Additional requirement for applications (1) In addition to complying with the requirements of section 141, an application for first-tier review must be accompanied by:

(a) a copy of the assessment as given to the applicant; and

(b) a statement indicating any part or parts of the assessment with which the applicant does not agree and setting out the grounds on which the application is made.

(2) In addition to complying with the requirements of section 141, an application for second-tier review must be accompanied by a statement setting out the grounds on which the application is made.

16 Section 148

Repeal the section.

17 Subsection 151(2)

Omit "(3) to (7)", substitute "(3) and (7)".

18 Subsections 151(3) to (6)

Repeal the subsections, substitute:

(3) This subsection applies if a certificate under paragraph 38(2)(b) of the Australian Security Intelligence Organisation Act 1979 is in force certifying that the disclosure of information concerning the matter to which the evidence would relate, or concerning matters contained in the document, would be contrary to the public interest.

19 Paragraph 151(7)(a)

Omit "or (3), as the case may be".

20 Paragraphs 151(7)(b) and (c)

Omit "or (3)(a)".

21 After section 156

Insert:

156A Costs (1) If:

(a) the applicant was, in the opinion of the Tribunal, successful, or substantially successful, in the review; and

(b) the Tribunal is satisfied that it is appropriate to do so in all the circumstances of the case;

the Tribunal may order that the costs reasonably incurred by the applicant in connection with the review, or any part of those costs that is determined by the Tribunal, be paid by the Commonwealth.

(2) For the purposes of section 156, the Commonwealth is taken to be a participant in the review.

22 Subsection 173(2)

Omit "101(5)", substitute "101(4)".

23 Subsection 173(5)

After "101(1)", insert ", or under paragraph 38(2)(b) of the Australian Security Intelligence Organisation Act 1979,".

Schedule 6--Amendment of Taxation Administration Act 1953

1 Section 2 (definition of Small Taxation Claims Tribunal)

Repeal the definition.


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2 Section 2 (definition of Tribunal)

Repeal the definition, substitute:

Tribunal means the Administrative Review Tribunal.

3 Subsection 14Y(2)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

4 Section 14ZQ (definition of AAT)

Repeal the definition.

5 Section 14ZQ (definition of AAT Act)

Repeal the definition.

6 Section 14ZQ (definition of AAT extension application)

Repeal the definition.

7 Section 14ZQ

Insert:

ART Act means the Administrative Review Tribunal Act 2000.

8 Section 14ZQ

Insert:

ART extension application means an application under subsection 142(2) of the ART Act that relates to a review of a reviewable objection decision or an extension of time refusal decision.

9 At the end of section 14ZX

Add:

(5) The decision must be reviewed in the Taxation Division of the Tribunal.

10 At the end of section 14ZZ

Add:

(2) If, in a case to which paragraph (1)(a) applies:

(a) a person applies to the Tribunal for review of the decision; and

(b) in accordance with section 127 of the ART Act, the person ends the review; and

(c) all of the other participants in the review at the time agreed in writing that the person should end the review for the purpose of the person appealing to the Federal Court against the decision;

the person may appeal to the Federal Court against the decision.

(3) In the case of any application to the Tribunal for review of the decision, the decision must be reviewed in the Taxation Division of the Tribunal.

11 Division 4 of Part IVC (heading)

Repeal the heading, substitute:

Division 4--Tribunal review of objection decisions and extension of time refusal decisions 12 Sections 14ZZA to 14ZZJ

Repeal the sections, substitute:

14ZZA Modification of ART Act in relation to notice of certain preliminary decisions Paragraph 56(1)(b) of the ART Act does not apply if the original decision mentioned in that paragraph is a reviewable objection decision.

14ZZB Modification of ART Act in relation to applications for review of decisions and in relation to ART extension applications (1) The application of the ART Act is subject to the modifications set out in Schedule 2 to this Act in relation to:

(a) applications for review of reviewable objection decisions; and

(b) applications for review of extension of time refusal decisions; and

(c) ART extension applications.

(2) The following table sets out which modifications in the Schedule apply:

Modifications of ART Act in Schedule 2


the modifications in...

apply in the case of...

1

Part 1 of the Schedule

applications for review of reviewable objection decisions and applications for review of extension of time refusal decisions

2

Part 2 of the Schedule

applications for review of reviewable objection decisions

3

Part 3 of the Schedule

applications for review of extension of time refusal decisions

4

Part 4 of the Schedule

ART extension applications

13
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Section 14ZZM

Omit "(other than a registration-type sales tax decision)".

14 Section 14ZZN

Repeal the section, substitute:

14ZZN Time limit for appeals (1) Subject to subsection (2), an appeal to the Federal Court against an appealable objection decision must be lodged with the Court:

(a) if paragraph (b) does not apply--within 60 days after the person appealing is served with notice of the decision; or

(b) if the appeal is made in a case to which subsection 14ZZ(2) applies--within 7 days after the day on which, as mentioned in paragraph 14ZZ(2)(b), the person ends the review by the Tribunal of the decision.

(2) If the person does not lodge the appeal within the period applicable under subsection (1), the person can still lodge the appeal if the Federal Court decides, on application by the person, that it is reasonable in all the circumstances for the person to do so.

(3) An application under subsection (2) may be made even after the end of the period applicable under subsection (1).

15 Subparagraph 68(3)(c)(iv)

Omit "Administrative Appeals Tribunal", substitute "Tribunal".

Schedule 7--New Schedule to Taxation Administration Act 1953

1 At the end of the Act

Add:

Schedule 2--Modified application of Administrative Review Tribunal Act in relation to applications for review of certain decisions etc.

Note: This Schedule sets out modifications of the Administrative Review Tribunal Act 2000 that, in accordance with section 14ZZB of this Act, are to be made for the purposes of the applications mentioned in that section.

Part 1--Modified application of Administrative Review Tribunal Act in relation to applications for review of reviewable objection decisions and extension of time refusal decisions

1 After section 68

Insert:

68A Small Taxation Claims Tribunal (1) In the case of a first-tier review, as soon as practicable after a direction under section 68 takes effect, the President must decide whether the small claims criteria (see subsection (3)) are satisfied. The decision cannot later be changed or replaced in any way by the President.

(2) If:

(a) the criteria are satisfied; and

(b) in the case of the review of a reviewable objection decision--before the review begins, the applicant gives the Tribunal written notice that the applicant wants the review to be conducted in the Small Taxation Claims Tribunal;

the Tribunal, when conducting the review, is to be called the Small Taxation Claims Tribunal.

(3) The small claims criteria are satisfied if:

(a) the decision is a reviewable objection decision and the following apply:

(i) the objection concerned involves a dispute about an amount of not more than $15,000 or does not involve a dispute about any amount; and

(ii) the review of the decision is likely to be able to be conducted relatively quickly or easily, and does not raise an issue, or principle, of general significance; or

(b) the decision is an extension of time refusal decision.

(4) If:

(a) the dispute is over an amount (the basic amount) that is relevant to working out a liability (whether or not the liability is in the Commissioner's favour); and

(b) the difference that resolving the dispute in the applicant's favour would make to that liability is reasonably ascertainable;

then the test in subparagraph (3)(a)(i) applies to that difference, rather than to the basic amount.

(5) Otherwise, the test applies to the basic amount.

Example 1: A dispute is about whether the applicant was entitled to a deduction of $20,000 under the income tax law. Assume that, if the deduction were allowed, the applicant's liability to pay income tax for the year would be $8,000 lower. Because that $8,000 amount is ascertainable, that is the amount that is tested against the $15,000 threshold in subparagraph (3)(a)(i), rather than the basic amount of $20,000.

Example 2: But now assume instead that, because of other deductions, the applicant will have a tax loss for the year regardless of the outcome of the dispute. The amount of that loss might one day affect the applicant's liability

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to pay income tax, but the amount of that effect is not yet ascertainable. Therefore, the test in subparagraph (3)(a)(i) applies to the basic amount of $20,000.

68B Removal of review from Small Taxation Claims Tribunal If:

(a) the Tribunal is to review or is reviewing, as the Small Taxation Claims Tribunal, one or more decisions in respect of applications made by the same applicant; and

(b) the Tribunal is to review or is reviewing, not as the Small Taxation Claims Tribunal, another decision in respect of an application made by the same applicant; and

(c) the President is of the opinion that it may be convenient for the Tribunal to review all the decisions together;

then:

(d) the Tribunal is to review, not as the Small Taxation Claims Tribunal, all the decisions together; and

(e) the President must refund to the applicant any fees the applicant paid in respect of the applications mentioned in paragraph (a).

2 Subsection 69(1)

Repeal the subsection, substitute:

(1) Subject to this section:

(a) if the Tribunal is to review the decision as the Small Taxation Claims Tribunal--the President must direct that a single member, who is not the President, is to constitute the Tribunal for the purpose of conducting the review; or

(b) in any other case--the President must direct that a single member, 2 members or 3 members are to constitute the Tribunal for the purpose of conducting the review.

3 At the end of paragraph 84(1)(d)

Add:

; and (iv) the applicant agrees to the person becoming a participant in the review.

4 At the end of section 100

Add:

Review in private

(6) Except where the Tribunal is, in accordance with subsection 68A(2), to be called the Small Taxation Claims Tribunal when reviewing the decision, the review is, despite this section, to be in private if the applicant so requests.

5 Subsection 124(4)

Omit "28 days", substitute "60 days".

6 Subsection 125(3)

Omit "28 days", substitute "60 days".

7 At the end of section 136

Add:

(7) Also, if:

(a) any part of the review was conducted in private; and

(b) by the time the Tribunal is to publish its reasons for the decision, no appeal has been made to the Federal Court under section 167 from the Tribunal's decision;

the Tribunal must ensure, as far as practicable, that the version of the decision and reasons that is published is not such as to enable the applicant to be identified.

8 After subsection 161(3)

Insert:

(3A) To avoid doubt, the directions may make different provision in relation to the review of decisions by the Tribunal when, in accordance with subsection 68A(2), it is called the Taxation Small Claims Tribunal, than in relation to the review of other decisions by the Tribunal within the Taxation Division.

9 After subsection 172(1)

Insert:

(1A) If the Tribunal in reviewing the decision is, in accordance with subsection 68A(2), to be called the Small Taxation Claims Tribunal, it must, in deciding whether to refer a question of law under subsection (1) of this section, take into account the interests of the applicant.

10 After paragraph 194(2)(b)

Insert:

(ba) to ensure that the correct fee for an application for review of a decision is paid if, after a fee for the application is paid, it is determined whether the Tribunal is to review the decision as the Small Taxation Claims Tribunal (see section 68A) and that determination results in a different fee applying to the application; and

Part 2--Modification of Administrative Review Tribunal Act in relation to applications for review of reviewable objection decisions

11 Sections 57, 58, 59, 60 and 61

Repeal the sections.

12 Before paragraph 77(1)(b)

Insert:


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(aa) the notice of the decision given under subsection 14ZY(3) of the Taxation Administration Act 1953; and

(ab) the taxation objection (within the meaning of section 14ZL of the Taxation Administration Act 1953) concerned; and

(ac) the notice of the objection decision (within the meaning of section 14ZQ of that Act) concerned; and

13 Paragraph 77(1)(b)

Omit "relevant", substitute "considered by the decision-maker to be necessary".

14 After section 79

Insert:

79A Decision-maker to provide list of other documents that decision-maker considers relevant (1) The Tribunal may give the decision-maker a notice in writing requiring the decision-maker to give the Tribunal, within a specified period, a list of documents, in the decision-maker's possession or under the decision-maker's control, that the decision-maker considers relevant to the review of the decision by the Tribunal.

(2) The decision-maker must comply with the requirement.

(3) The giving of a notice under this section does not prevent the Tribunal from later giving a notice under section 79 in relation to any document.

15 Subsection 82(2)

Omit "paragraph 77(1)(b), subsection 79(2)", substitute "paragraph 77(1)(aa), (ab), (ac) or (b), subsection 79(2) or 79A(2)".

16 Section 121

Repeal the section.

17 After subsection 141(2)

Insert:

(2A) The application must also set out a statement of the reasons for the application.

18 Section 171

Repeal the section.

Part 3--Modification of Administrative Review Tribunal Act in relation to applications for review of extension of time refusal decisions

19 Sections 61 and 121

Repeal the sections.

Part 4--Modification of Administrative Review Tribunal Act in relation to ART extension applications

20 After subsection 142(2)

Insert:

(2A) The Tribunal's consideration of the application is to be in private if the applicant so requests.

21 At the end of section 142

Add:

(4) If:

(a) the Tribunal's consideration of the application was conducted in private; and

(b) the Tribunal decides to publish its decision on the application, the reasons for the decision, or both;

the Tribunal must ensure, as far as practicable, that the version of what is published is not such as to enable the applicant to be identified.

Schedule 8--Amendment of Veterans' Entitlements Act 1986

1 Paragraphs 13(8)(a) and (b)

Omit "or the Administrative Appeals Tribunal", substitute ", the Administrative Appeals Tribunal or the Administrative Review Tribunal".

2 Subsection 18(2)

Omit "Administrative Appeals Tribunal" (wherever occurring), substitute "Administrative Review Tribunal".

3 Subsection 29(4)

Omit "Administrative Appeals Tribunal" (wherever occurring), substitute "Administrative Review Tribunal".

4 Subsection 31(2)

Omit "Administrative Appeals Tribunal" (wherever occurring), substitute "Administrative Review Tribunal".

5 Paragraph 31(6)(a)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

6 Subsections 31(6B), (10), (11) and (12)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

7 Section 35J (note)

Omit "subsection 43(6) of the Administrative Appeals Tribunal Act 1975", substitute "section 134 of the Administrative Review Tribunal Act 2000".

8 Paragraph 54(1)(b)


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Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

9 Paragraph 54A(1)(b)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

10 Subsection 54AA(3)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

11 Paragraph 57E(1)(c)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

12 Paragraphs 70(11)(a) and (b)

Omit "or the Administrative Appeals Tribunal", substitute ", the Administrative Appeals Tribunal or the Administrative Review Tribunal".

13 Paragraph 79W(1)(c)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

14 Paragraph 118ZX(1)(c)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

15 Paragraph 127(1)(b)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

16 Subsections 132(7) and (8)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

17 Paragraph 140(1)(d)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

18 Subsection 154(1)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

19 Section 155A

Repeal the section, substitute:

155A Statement of ART review rights (1) If:

(a) application may be made to the Administrative Review Tribunal under subsection 175(1A) for the review of a decision of the Principal Member; and

(b) written notice of the decision is given to a person whose interests are affected by the decision;

the notice must:

(c) include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Review Tribunal Act 2000, be made to the Administrative Review Tribunal for review of the decision; and

(d) except where subsection 57(3) of that Act applies, also include a statement to the effect that the person may request a statement under section 57 of that Act.

(2) A failure to comply with subsection (1) does not affect the validity of the decision.

20 Part X (heading)

Repeal the heading, substitute:

Part X--Review of decisions by Administrative Review Tribunal 21 Subsection 174(1)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

22 Subsection 175(1)

Omit "then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal", substitute "application may be made to the Administrative Review Tribunal, in accordance with the Administrative Review Tribunal Act 2000,".

23 After subsection 175(1)

Insert:

(1A) Application may be made to the Administrative Review Tribunal, in accordance with the Administrative Review Tribunal Act 2000, for review of the following decisions of the Principal Member of the Board:

(a) the decision to dismiss an application under subsection 155AA(5) or 155AB(5);

(b) the decision under paragraph 155AA(6)(b) or 155AB(6)(b) that an applicant has provided a reasonable explanation for the applicant's failure to be ready to proceed at a hearing;

(c) the decision under paragraph 155AA(7)(b) or 155AB(7)(b) that an applicant has provided no reasonable explanation for the applicant's failure to be ready to proceed at a hearing.


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24 Subsections 175(2), (2AAA), (2AA) and (2A)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

25 Subsection 175(2A)

Omit "section 29 of the Administrative Appeals Tribunal Act 1975", substitute "the Administrative Review Tribunal Act 2000".

26 Subsection 175(3)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

27 Subsection 175(4)

Omit "then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal", substitute "application may be made to the Administrative Review Tribunal, in accordance with the Administrative Review Tribunal Act 2000,".

28 Sections 176, 177 and 178

Repeal the sections, substitute:

176 Review to take place in Veterans' Appeals Division to Tribunal If an application may be made to the Tribunal under section 175 for the review of a decision, the decision is required to be reviewed in the Veterans' Appeals Division of the Tribunal.

177 Modified application of Administrative Review Tribunal Act Review of decisions where Board review

(1) The application of the Administrative Review Tribunal Act 2000 is subject to the modifications set out in Part 1 of Schedule 7 to this Act in relation to applications for the review of decisions that may be made under subsection 175(1).

Review of certain other decisions

(2) The application of the Administrative Review Tribunal Act 2000 is subject to the modifications set out in Part 2 of Schedule 7 to this Act in relation to applications for the review of decisions that may be made under subsection 175(2), (2AAA), (2AA) or (4).

Schedule 9--New Schedule to Veterans' Entitlements Act 1986

1 At the end of the Act

Add:

Schedule 7--Modified application of Administrative Review Tribunal Act in relation to applications for review of decisions

Note: This Schedule sets out modifications of the Administrative Review Tribunal Act 2000 that, in accordance with section 177 of this Act, are to be made for the purposes of applications mentioned in that section.

Part 1--Modified application of Administrative Review Tribunal Act in relation to applications for review of decisions where Board review

1 Section 6 (definition of decision-maker)

Repeal the definition, substitute:

decision-maker, in relation to a first-tier decision, means the person who made the decision.

2 Section 6 (definition of first-tier decision)

Repeal the definition, substitute:

first-tier decision means a decision in respect of which an application for review may be made under subsection 175(1) of the Veterans' Entitlements Act 1986.

3 Section 6 (definition of first-tier review)

Repeal the definition, substitute:

first-tier review means the review by the Board, under the Veterans' Entitlements Act 1986, that resulted in a first-tier decision.

4 Section 6 (definition of original decision)

Repeal the definition.

5 Subsection 4(5) (second sentence)

Repeal the sentence, substitute "Parts 4 to 9 provide for the Tribunal to conduct a second-tier review of decisions where there has been review by the Veterans' Review Board.".

6 Section 5

Repeal the section.

7 At the end of section 6

Add:

(2) An expression that is used in this Act that is also used in the Veterans' Entitlements Act 1986 has the same meaning as in that Act.

8 Division 1 of Part 4 (heading)

Repeal the heading, substitute:


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Division 1--Notice etc. if notifiable decision made
9 Subdivision A of Division 1 of Part 4

Repeal the Subdivision.

10 Subdivision B of Division 1 of Part 4 (heading)

Repeal the heading.

11 Paragraph 56(1)(a)

Omit "an original decision", substitute "a first-tier decision".

12 Subparagraph 56(1)(b)(i)

Omit "an original decision", substitute "a first-tier decision".

13 Paragraphs 56(2)(b) and (c)

Omit "an original decision", substitute "a first-tier decision".

14 Subsection 57(1)

Omit "an original decision", substitute "a first-tier decision".

Note: The heading to section 57 is altered by omitting "original decision" and substituting "first-tier decision".

15 At the end of section 57

Add:

(6) This section does not apply to or in relation to a person whose interests are affected by a first-tier decision:

(a) in the case of a decision of a kind referred to in paragraph 175(1)(a) or (c)--if the person has been served with a copy of that decision and with the statement related to that decision in accordance with section 34 or 140 of the Veterans' Entitlements Act 1986; or

(b) in the case of a decision of a kind referred to in paragraph 175(1)(b) of the Veterans' Entitlements Act 1986--if the person has been served with:

(i) copies of the decision made by the Commission; and

(ii) the decision made by the Board varying that decision made by the Commission; and

(iii) the respective statements related to those decisions, in accordance with section 34 or 140 of the Veterans' Entitlements Act 1986.

16 Paragraph 59(1)(a)

Omit "an original decision", substitute "a first-tier decision".

17 Subsection 60(1)

Omit "an original decision" (wherever occurring), substitute "a first-tier decision".

18 Subsection 60(3)

Omit "first-tier review of the original decision, or a second-tier review of a first-tier decision resulting from such a first-tier review", substitute "second-tier review of the decision".

19 Subsection 60(3)

Omit "later" (second occurring).

20 Subdivisions C and D of Division 1 of Part 4

Repeal the Subdivisions.

21 Subdivision A of Division 2 of Part 4

Repeal the Subdivision.

22 Section 66

Repeal the section, substitute:

66 Who may apply (1) The Commission or any person whose interests are affected by a first-tier decision may apply to the Tribunal for a review of the decision.

Note: For the form etc. of applications, see Division 2 of Part 9.

Applications by or on behalf of Commonwealth etc.

(2) To avoid doubt:

(a) the Commonwealth; or

(b) an authority, tribunal or other body, whether incorporated or not, that is established by an enactment; or

(c) any other person or persons in any way connected with the Commonwealth;

are not prevented from applying merely because of their status as such.

23 Paragraph 67(1)(c)

Repeal the paragraph.

24 Subsection 67(1)

Omit "and subsection (2) of this section and".

25 Subsection 67(2)

Repeal the subsection.

26 Subsection 69(4)

Repeal the subsection.

27 Section 76

Repeal the section, substitute:

76 Notice to decision-maker The Chief Executive Officer must arrange for the decision-maker to be given notice in writing of an application for review of a first-tier decision.

28 Subsection 77(1)

Omit "an original", substitute "a first-tier".

Note: The heading to section 77 is amended by omitting "original"

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and substituting "first-tier".

29 Subsection 79(1)

Omit "In the case of review of either an original decision or a first-tier decision, if", substitute "If".

30 Paragraphs 84(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) if the applicant is not the Commission:

(i) the applicant; and

(ii) the Commission; and

(b) if the applicant is the Commission:

(i) the Commission; and

(ii) the veteran, or dependant of a deceased veteran, whose interests are affected by the decision; and

31 Subsections 84(2) and (3)

Repeal the subsections.

32 Section 99

Repeal the section.

33 Subsection 110(4)

Omit all the words after "for the purposes of", substitute "the review.".

34 Paragraph 119(d)

Repeal the paragraph.

35 Section 120

Repeal the section, substitute:

120 When all review and appeal action has been finalised in relation to a first-tier decision For the purposes of this Act, all review and appeal action has been finalised in relation to a first-tier decision when:

(a) the period during which participants are entitled to appeal to the Federal Court under section 167 from the second-tier decision has ended without any such appeals being made; or

(b) one or more such appeals have been made, and the Federal Court or Federal Magistrates Court has determined all of them.

36 Subsection 121(1)

Omit all the words from an including "Tribunal for" to and including "does not", substitute "Tribunal for review of a first-tier decision does not".

37 Subsection 121(2)

Omit "an original decision or".

38 Subsection 121(2)

Omit "(3) or".

39 Subsection 121(3)

Repeal the subsection.

40 Paragraph 121(4)(b)

Omit "original" (wherever occurring).

41 Subsection 121(4)

Omit "in relation to the original decision", substitute "in relation to the first-tier decision".

42 Subsections 121(6) and (7)

Omit "(3) or".

43 Subsection 122(1)

Repeal the subsection.

44 Subparagraph 122(2)(a)(ii)

Omit "original" (wherever occurring).

45 Subsection 122(2)

Omit "in relation to the original decision", substitute "in relation to the decision".

46 Subsection 122(3)

Omit "(1) or".

47 Paragraphs 122(3)(a) and (b)

Omit "first-tier decision or the second-tier decision mentioned in subsection (1) or (2) of this section", substitute "decision".

48 Subsection 123(1)

Repeal the subsection, substitute:

(1) Subject to subsection (2) and to sections 124 and 125, during the review of a first-tier decision, the decision-maker must not alter the decision otherwise than in accordance with this Part until all review and appeal action has been finalised in relation to the first-tier decision.

Note: The heading to section 123 is altered by omitting "original decision during first-tier or" and substituting "decision during".

49 Paragraph 123(2)(a)

Omit "original".

50 Paragraph 124(1)(b)

Repeal the paragraph, substitute:

(b) ask the decision-maker to reconsider the decision having regard to the new information.

51 Paragraph 124(2)(a)

Omit "original".

52 Subsections 124(3) and (6)

Omit "original".

53 Subsection 124(7)


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Repeal the subsection, substitute:

Meaning of new information

(7) In this section:

new information means information in respect of which the following requirements are satisfied:

(a) the decision-maker was unaware of the information, or the information did not exist, at the time of making the decision;

(b) if the decision-maker had been aware of the information at that time, he or she may have made it in a materially different way.

54 Subsection 125(1)

Repeal the subsection, substitute:

(1) Subject to subsection (3), the Tribunal may, at any time while it is conducting the review of a first-tier decision, ask the decision-maker to reconsider the decision.

55 Subsection 125(2)

Omit "original".

56 Section 126

Repeal the section, substitute:

126 Effect of variation etc. on review Variation of decision

(1) If, as mentioned in section 123, 124 or 125, the decision-maker varies the decision:

(a) the review becomes a review of the decision as varied; and

(b) the applicant may either:

(i) proceed with that review; or

(ii) advise the Tribunal that the applicant does not wish to proceed with the review.

Setting aside of decision and substituting a new decision

(2) If, as mentioned in section 123, 124 or 125, the decision-maker sets a decision aside and makes a new decision in substitution for the decision set aside:

(a) the review becomes a review of the new decision; and

(b) the applicant may either:

(i) proceed with that review; or

(ii) advise the Tribunal that the applicant does not wish to proceed with that review.

Review to end in certain cases

(3) If:

(a) the applicant advises the Tribunal as mentioned in subparagraph (1)(b)(ii) or (2)(b)(ii); or

(b) as mentioned in section 123, the decision-maker sets a decision aside without making a new decision in substitution for the decision set aside;

the review ends.

57 Division 1 of Part 8 (note after the heading)

Omit "original".

58 Subsection 130(1)

Omit "an original", substitute "a first-tier".

59 Subsections 133(1) to (4)

Repeal the subsections, substitute:

Powers of Tribunal in reviewing a first-tier decision

(1) For the purposes of reviewing a first-tier decision, the Tribunal may exercise all the powers and discretions that are conferred by any relevant enactment on the decision-maker.

Decision on review of first-tier decision

(2) The Tribunal must make a decision in writing:

(a) affirming the first-tier decision; or

(b) varying the first-tier decision; or

(c) setting aside the first-tier decision and:

(i) making a decision in substitution for the decision so set aside; or

(ii) remitting the matter to the decision-maker for reconsideration in accordance with any directions or recommendations of the Tribunal.

60 After section 133

Insert:

133A Cases where Tribunal need not make a decision in substitution for another decision In spite of section 133, if:

(a) the Tribunal sets aside a decision under subsection 31(6) of the Veterans' Entitlements Act 1986 to cancel or suspend, or reduce the rate of, a pension or attendant allowance, or a decision under subsection 31(8) of that Act to increase the rate of a pension or attendant allowance; and

(b) the decision is:

(i) a decision of the Commission that has been affirmed by the Board; or

(ii) a decision of the Board that was made in substitution for a decision of the Commission;

the Tribunal need not make another decision in substitution for the decision so set aside.


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61 Subsections 134(1) and (2)

Repeal the subsections, substitute:

(1) If a second-tier decision:

(a) varies a first-tier decision; or

(b) sets aside a first-tier decision and makes a new decision in substitution for the first-tier decision;

the first-tier decision as varied, or the new decision made in substitution, is, subject to subsection (3), taken to be a decision of the decision-maker for all purposes.

62 Subsection 134(3)

Omit "Subsections (1) and (2) do", substitute "Subsection (1) does".

63 Paragraphs 135(3)(a) and (b)

Omit "original", substitute "first-tier".

Note: The heading to subsection 135(3) is altered by omitting "original".

64 Subsection 135(3)

Omit "original decision has", substitute "first-tier decision has".

65 After section 135

Insert:

135A Effective dates of certain determinations relating to payment of pension Section in addition to section 135

(1) This section is in addition to, and not in substitution for, section 135.

Date from which certain pension and attendant allowance payments to be made

(2) If the Tribunal, on an application under subsection 175(1) of the Veterans' Entitlements Act 1986 for a review of:

(a) a decision of the Commission that has been affirmed or varied by a decision of the Board; or

(b) a decision of the Board made in substitution for a decision of the Commission;

does either of the following:

(c) grants a pension (not being a service pension or income support supplement) or attendant allowance;

(d) increases the rate at which a pension (not being a service pension or income support supplement) is to be paid;

the Tribunal may approve payment of the pension or of attendant allowance, or payment of the pension at the increased rate, as the case may be from the date set out in subsection (3).

Date for purposes of subsection (2)

(3) For the purposes of subsection (2), the date is:

(a) if the application is made within 3 months after the applicant was given a document setting out the terms of that decision of the Board--a date not earlier than the earliest date as from which the Board could, if it had granted a pension or attendant allowance or increased the rate of the pension, have approved payment of the pension or attendant allowance, or payment of the pension at an increased rate, as the case may be; or

(b) in any other case:

(i) if the review relates to a claim in accordance with section 14 of the Veterans' Entitlements Act 1986--a date not more than 6 months before the date on which the application under subsection 175(1) of that Act was made; or

(ii) if the review relates to an application in accordance with section 15 of the Veterans' Entitlements Act 1986, or to an application for attendant allowance--the date on which the application under subsection 175(1) of that Act was made.

Date from which certain Tribunal decisions about pensions and attendant allowance to operate

(4) If, under section 133, the Tribunal varies or sets aside a decision of a kind mentioned in section 133A, the Tribunal may fix, as the date as from which its decision (including any decision made by it in substitution for the decision set aside) is to operate, a date, being:

(a) if application for the review was made within 3 months after service on the applicant of a copy of the decision of the Board--a date not earlier than the date as from which the decision under review was to operate; or

(b) in any other case--a date not earlier than the date on which the application was made to the Tribunal.

Certain cancellation decisions to have effect as suspensions

(5) If the Tribunal fixes, as the date from which its decision to set aside a decision to cancel a pension is to have operated, a date (the later date) after the date (the earlier date) on which that pension was to be cancelled, the decision to cancel that pension has effect, and is taken to have had effect, as if the decision were not a decision to cancel the pension but were one to suspend the pension from that earlier date until that later date.


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135B Period of operation of certain decisions of Tribunal (1) If, on a review of a decision, the decision of the Tribunal expressly, or in effect:

(a) assesses a rate of pension or increased rate of pension; or

(b) refuses to grant a pension, on the ground that the extent of the incapacity of the veteran was insufficient to justify the grant of such a pension; or

(c) refuses to increase the rate of a pension; or

(d) reduces the rate of a pension;

the decision of the Tribunal is, subject to subsection (2), binding on the participants in the review for a period of 6 months commencing on the day on which the Tribunal makes the decision.

(2) If, during the 6 months period, the person to whom the pension is payable, or who was refused a pension, is of the opinion that his or her incapacity has increased, subsection (1) does not prevent:

(a) the person from making application for an increased pension or for a pension; or

(b) the grant of increased pension or of a pension, from a date within that period, by the Commission upon its consideration of such an application or by the Board on a review of the decision of the Commission on such an application.

(3) In this section, pension does not include service pension or income support supplement.

66 Paragraph 136(1)(a)

Omit "or (4)".

67 Subsection 139(1)

Omit "an original decision", substitute "a first-tier decision".

68 After subsection 142(2)

Insert:

Maximum period for extension

(2A) However, if the application mentioned in subsection (1) is an application for review of a first-tier decision, the time fixed under subsection (2) must not be later than 12 months after the day on which the document setting out the terms of the decision was given to the applicant.

69 Paragraph 153(2)(a)

Omit "an original decision or".

70 Subsection 159(1)

Omit "an original decision", substitute "a first-tier decision".

71 Subsection 159(2)

Repeal the subsection, substitute:

Giving documents etc. to Commission

(2) If this section applies, the Tribunal or other person may instead give the document or thing to the Commission.

72 Paragraph 159(3)(b)

Omit "original decision", substitute "first-tier decision".

73 Division 1 of Part 10

Repeal the Division.

74 Subsections 167(1) and (3)

Repeal the subsections.

75 Subsections 168(1) to (3)

Repeal the subsections.

76 Subsections 168(6) and (7)

Omit "(1), (3),".

77 Subsection 169(4) (note)

Repeal the note, substitute:

Note: The review would be a second-tier review.

78 Paragraph 171(2)(a)

Omit "a first-tier decision or".

79 Paragraph 171(3)(a)

Repeal the paragraph.

80 Subparagraph 171(3)(b)(iii)

Omit "original" (wherever occurring).

Part 2--Modified application of Administrative Review Tribunal Act in relation to applications for review of certain other decisions

81 At the end of section 6

Add:

(2) An expression used in this Act that is also used in the Veterans' Entitlements Act 1986 has the same meaning as in that Act.

82 Subsections 55(2) and (3)

Repeal the subsections.

83 At the end of section 57

Add:

(3) This section does not apply to or in relation to a person whose interests are affected by an original decision if the person has been given a copy of:

(a) that decision; and

(b) the statement related to that decision;

in accordance with section 57E or 118ZX of the Veterans' Entitlements Act 1986.

84 After section 133


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Insert:

133A Cases where Tribunal need not make a decision in substitution for another decision (1) In spite of section 133, if the Tribunal's first-tier decision, or the result of the Tribunal's second-tier decision, is to set aside a decision (the pension decision):

(a) to reduce the rate of a pension under section 56D of the Veterans' Entitlements Act 1986; or

(b) to cancel or suspend a pension under section 56E of that Act; or

(c) to increase the rate of a pension under section 56C of that Act;

and the pension decision was one that was:

(d) affirmed by the Commission under section 57B of that Act; or

(e) made by the Commission in substitution for a decision set aside under section 57B of that Act;

the Tribunal's first-tier decision need not make, and the Tribunal's second-tier decision need not result in, another decision in substitution for the pension decision.

(2) In spite of section 133, if:

(a) the Tribunal's first-tier decision, or the result of the Tribunal's second-tier decision, is to set aside a decision (the health card decision) that a person ceases to be entitled to a seniors health card; and

(b) the health card decision was one that was:

(i) affirmed by the Commission under section 118ZU of the Veterans' Entitlements Act 1986; or

(ii) made by the Commission in substitution for a decision set aside under that section;

the Tribunal need not make another decision in substitution for the health card decision.

85 After section 135

Insert:

135A Effective dates of certain determinations relating to payment of pension or allowance or to seniors health card Section in addition to section 135

(1) This section is in addition to, and not in substitution for, section 135.

Date from which certain pension payments to be made

(2) If, under section 133, the Tribunal's first-tier decision, or the result of the Tribunal's second-tier decision, is to set aside a decision (the pension decision) of a kind mentioned in section 133A, the Tribunal may fix, as the date as from which its decision (including any decision made by it in substitution for, or resulting in a decision in substitution for, the pension decision) is to operate, a date, being:

(a) if, in the case of either the Tribunal's first-tier decision or second-tier decision, the application for first-tier review was made within 3 months after the applicant was given a copy of the pension decision--a date not earlier than the date as from which the pension decision was to operate; or

(b) in any other case--a date not earlier than the date on which the application for first-tier review was made to the Tribunal.

Certain cancellation decisions to have effect as suspensions

(3) If the Tribunal fixes, as the date from which its first-tier decision to set aside, or its second-tier decision that results in the setting aside of, a decision of the Commission to cancel a pension is to have operated, a date (the later date) after the date (the earlier date) on which that pension was to be cancelled, the Commission's decision to cancel that pension has effect, and is taken to have had effect, as if the Commission had not cancelled that pension but had suspended it from that earlier date until that later date.

Date from which Tribunal may approve certain pension payments

(4) If the Tribunal:

(a) makes a first-tier decision on an application made under subsection 175(2) of the Veterans' Entitlements Act 1986 for a review of a decision of the Commission under section 57B of that Act; or

(b) makes a second-tier decision on review of a such a first-tier decision;

and the effect of the Tribunal's decision is to grant a pension or increase the rate at which a pension is to be paid, the Tribunal may approve payment of the pension, or payment of the pension at the increased rate, as the case may be:

(c) if the application under subsection 175(2) of the Veterans' Entitlements Act 1986 is made within 3 months after the applicant was given a document setting out the terms of the decision of the Commission--from a date not earlier than the earliest date as from which the Commission could, if it had, on its review under section 57B of that Act, granted a pension or increased the rate of the pension, have approved payment of the pension, or payment of the pension at the increased rate, as the case may be; or

(d) in any other case--from the date on which the application under subsection 175(2) of the Veterans' Entitlements Act 1986 was made.

Date from which seniors health card determination takes effect


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(5) Subject to subsections (6) and (7), if the Tribunal:

(a) makes a first-tier decision on an application made under subsection 175(2AAA) of the Veterans' Entitlements Act 1986 or a review of a decision of the Commission under section 118ZU of that Act; or

(b) makes a second-tier decision on review of a such a first-tier decision;

and the effect of the Tribunal's decision is to determine that a person is entitled to a seniors health card, the determination takes effect from a date specified by the Tribunal.

(6) If the application to the Tribunal is made within 3 months after the applicant is given a document setting out the terms of the decision of the Commission made under section 118ZU of the Veterans' Entitlements Act 1986, the date specified by the Tribunal must not be earlier than the date from which, had the Commission determined that the person is entitled to a seniors health card, such a determination could have taken effect.

(7) If subsection (6) does not apply to a person, the date specified by the Tribunal must not be earlier than the date on which the application under subsection 175(2AA) of the Veterans' Entitlements Act 1986 was made.

Date from which certain allowance payments to be made

(8) If the Tribunal:

(a) makes a first-tier decision on an application made under subsection 175(4) of the Veterans' Entitlements Act 1986 for a review of a decision made by the Commission with respect to an application for an allowance under section 97, 102, 103 or 104 of that Act; or

(b) makes a second-tier decision on review of a such a first-tier decision;

and the effect of the Tribunal's decision is to:

(c) grant the allowance mentioned in that section; or

(d) increase the rate at which the allowance so referred to is to be paid;

the Tribunal may approve payment of the allowance, or of the allowance at the increased rate, as the case may be, from the date set out in subsection (9).

Date for purposes of subsection (8)

(9) For the purposes of subsection (8), the date is:

(a) if the application under subsection 175(4) of the Veterans' Entitlements Act 1986 was made within 3 months after the applicant was given a document setting out the terms of the decision of the Commission--a date not earlier than the earliest date as from which the Commission could, if it had not made that decision, have approved payment of the allowance, or payment of the allowance at the increased rate, as the case may be; or

(b) in any other case--the date on which the application under subsection 175(4) of the Veterans' Entitlements Act 1986 was made.

86 After subsection 142(2)

Insert:

Maximum period for extension

(2A) However, if the application mentioned in subsection (1) is an application for review of an original decision, the time fixed under subsection (2) must not be later than 12 months after the day on which the document setting out the terms of the decision was given to the applicant.

Schedule 10--Amendment of the social security law Part 1--Amendment of Social Security Act 1991

1 Section 22

Repeal the section, substitute:

22 Review of decisions definitions In this Act, unless the contrary intention appears:

Administrative Review Tribunal means the tribunal established under the Administrative Review Tribunal Act 2000.

ART means the Administrative Review Tribunal.

ART Act means the Administrative Review Tribunal Act 2000.

ISD executive member means the executive member of the Income Support Division of the Administrative Review Tribunal appointed under section 14 of the Administrative Review Tribunal Act 2000.

2 Subsection 23(1) (definition of decision)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

3 Subsection 23(1) (definition of decision) (note)

Repeal the note.

4 Subsection 1184(2) (note)

Repeal the note.

5 Paragraph 1184A(2)(a)

Omit "Social Security Appeals Tribunal under section 1247", substitute "Administrative Review Tribunal".

6 Subsection 1222(1) (note)

Omit "AAT", substitute "ART".

7 Subsection 1222(2) (table item 4)

Omit "AAT", substitute "ART".


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8 Paragraph 1223AB(a)

Omit "Appeals", substitute "Review".

Note: The heading to section 1223AB is altered by omitting "AAT" and substituting "ART".

9 Paragraph 1223AB(b)

Omit "Appeals Tribunal makes an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975", substitute "Review Tribunal makes an order under subsection 121(3) or (4) of the Administrative Review Tribunal Act 2000".

10 Section 1223AB (note 1)

Repeal the note.

11 Subsection 1237AAB(2)

Repeal the subsection, substitute:

(2) If the Secretary:

(a) has made an agreement with a debtor for the purposes of section 109 of the Administrative Review Tribunal Act 2000; and

(b) the terms of the agreement include the recovery of a debt on the basis that the debtor will pay an amount (the agreed amount) that is less than the full amount of the debt; and

(c) the ART makes a decision or takes action in accordance with, or consistent with those terms;

the Secretary must waive the right to recover the difference between the debt and the agreed amount.

Note: The heading to subsection 1237AAB(2) is replaced by the heading "Agreement under section 109 of the ART Act".

Part 2--Amendment of Social Security (Administration) Act 1999

12 Paragraph 8(f)

Omit "Appeals Tribunal and the Social Security Appeals Tribunal", substitute "Review Tribunal and the former Administrative Appeals Tribunal and the former Social Security Appeals Tribunal".

13 Paragraph 9(1)(b)

Repeal the paragraph, substitute:

(b) the Administrative Review Tribunal.

14 Subsection 9(2)

Omit "Executive Director", substitute "Administrative Review Tribunal".

15 Subsection 9(4)

Repeal the subsection.

16 Subsection 10(1)

Omit "Executive Director of the Social Security Appeals", substitute "President of the Administrative Review".

17 Subsection 10(1)

Omit "Part 4 of this Act", substitute "the Administrative Review Tribunal Act 2000 (as modified by Schedule 3 to this Act)".

18 Paragraph 126(2)(b)

Omit "Social Security Appeals Tribunal or the Administrative Appeals", substitute "Administrative Review".

19 Paragraph 128(1)(b)

Omit "Social Security Appeals", substitute "Administrative Review".

Note: The heading to section 128 is altered by omitting "Executive Director or AAT Registrar" and substituting "the President of the Administrative Review Tribunal".

20 Subsection 128(1)

Omit "Executive Director", substitute "President of the Administrative Review Tribunal".

21 Subsection 128(2)

Repeal the subsection.

22 Paragraph 137(1)(f)

Omit ", the Social Security Appeals Tribunal or the Administrative Appeals Tribunal", substitute "or the Administrative Review Tribunal, or was made by the former Social Security Appeals Tribunal or the former Administrative Appeals Tribunal ".

23 Paragraph 137(3)(f)

Omit ", the Social Security Appeals Tribunal or the Administrative Appeals Tribunal", substitute "or the Administrative Review Tribunal, or was made by the former Social Security Appeals Tribunal or the former Administrative Appeals Tribunal".

24 Paragraph 138(1)(a)

Omit "subject to the social security law, apply to the Social Security Appeals Tribunal", substitute "subject to the Administrative Review Tribunal Act 2000 (as modified by Schedule 3 to this Act), apply to the Administrative Review Tribunal".

25 Subparagraph 138(1)(b)(iii)

Omit "and".

26 Paragraph 138(1)(c)

Repeal the paragraph.

27 Division 3 of Part 4 (heading)

Repeal the heading, substitute:


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Division 3--Review by the Administrative Review Tribunal
28 Subdivision A of Division 3 of Part 4 (heading)

Repeal the heading.

29 Section 139

Repeal the section.

30 Subdivision B of Division 3 of Part 4 (heading)

Repeal the heading.

31 Section 141

Repeal the section.

32 Subsection 142(1)

Omit "a person whose interests are affected by the decision of the Secretary, the CEO or the authorised review officer may apply to the SSAT for review of the decision", substitute "application may be made to the ART for review of the decision".

Note: The heading to section 142 is altered by omitting "SSAT" and substituting "ART".

33 Subsection 142(2)

Omit "a person whose interests are affected by the decision may apply to the SSAT for review of the decision", substitute "application may be made to the ART for review of the decision".

34 Subsections 143(1) and (2)

Omit "SSAT", substitute "ART".

35 Section 144

Omit "SSAT", substitute "ART".

36 Paragraph 144(s)

Omit "relating to the Secretary's power under section 182 of this Act to settle proceedings before the AAT", substitute "by the Secretary to make an agreement mentioned in paragraph 109(a) of the Administrative Review Tribunal Act 2000 (as modified by Schedule 3 to this Act)".

37 After section 144

Insert:

144A Conduct of reviews If this Division provides for application to be made to the Administrative Review Tribunal for review of a decision:

(a) the decision must be reviewed in the Income Support Division of the Tribunal; and

(b) the Administrative Review Tribunal Act 2000 as modified by Schedule 3 to this Act applies to the review.

38 Paragraph 145(1)(c)

Omit "SSAT", substitute "ART".

39 Subparagraphs 145(4)(b)(i) and (ii)

Omit "SSAT", substitute "ART".

40 Paragraph 147(1)(b)

Omit "Social Security Appeals Tribunal", substitute "ART".

41 Paragraph 148(1)(b)

Omit "SSAT", substitute "ART".

42 Sections 149 to 156

Repeal the sections, substitute:

149 Secretary may direct that an event is to be taken to have occurred If:

(a) the ART sets a decision aside under subsection 133(2) or (4) of the Administrative Review Tribunal Act 2000 (as modified by Schedule 3 to this Act); and

(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, direct that the event is to be taken, for the purposes of the social security law, to have occurred.

43 Divisions 4 and 5 of Part 4

Repeal the Divisions.

44 Subclause 1(1) of Schedule 1 (definition of AAT)

Repeal the definition.

45 Subclause 1(1) of Schedule 1 (definition of SSAT)

Repeal the definition.

46 Schedule 4

Repeal the Schedule.

Schedule 11--New Schedule to Social Security (Administration) Act 1999

1 Schedule 3

Repeal the Schedule, substitute:

Schedule 3--Modified application of Administrative Review Tribunal Act for the purposes of the review of decisions under the social security law

Note: This Schedule sets out modifications of the Administrative Review

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Tribunal Act 2000
that, in accordance with paragraph 144A(b) of this Act, are to be made for the purposes of the review mentioned in that paragraph.

1 Section 6

Insert:

1991 Act has the same meaning as in the Social Security (Administration) Act 1999.

2 Section 6 (definition of decision-maker)

Repeal the definition.

3 Section 6

Insert:

Secretary means the Secretary of the Department that:

(a) deals with matters to which the Social Security (Administration) Act 1999 relates; and

(b) is administered by the Minister administering that Act.

4 Section 6

Insert:

social security law has the same meaning as in the Social Security Act 1991.

5 Section 6

Insert:

social security payment has the same meaning as in the Social Security Act 1991.

6 At the end of section 50

Add:

Delegation by Secretary

(5) Section 234 of the Social Security (Administration) Act 1999 has effect for the purposes of this Act as if:

(a) references in that section to powers included a reference to functions; and

(b) references in that section to the social security law included a reference to this Act.

7 Section 55

Repeal the section.

8 Before paragraph 56(5)(a)

Insert:

(aa) a decision under section 126 of the Social Security (Administration) Act 1999 affirming a decision covered by subsection (1) of that section;

9 Subsection 57(1)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

10 Subsection 57(2)

Omit "decision-maker", substitute "Secretary".

Note: The heading to subsection 57(2) is altered by omitting "Decision-maker" and substituting "Secretary".

11 Subsection 57(3)

Omit "decision-maker", substitute "Secretary".

12 Paragraphs 57(4)(a) and (b)

Omit "decision-maker", substitute "Secretary".

13 Subsections 57(4) and (5)

Omit "decision-maker must", substitute "Secretary must".

14 Paragraphs 58(1)(a) and (b)

Omit "decision-maker", substitute "Secretary".

15 Subsection 58(1)

Omit "decision-maker should", substitute "Secretary should".

16 Subsection 58(2)

Omit "decision-maker", substitute "Secretary".

17 Subsection 58(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

18 Paragraph 59(1)(a)

Omit "a decision-maker", substitute "the Secretary".

19 Subsection 59(2)

Omit "decision-maker", substitute "Secretary".

20 Subsection 59(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

21 Subsection 60(2)

Omit "decision-maker", substitute "Secretary".

22 Paragraph 63(a)

Omit "decision-maker in relation to the decision", substitute "Secretary".

23 Subparagraph 65(3)(a)(ii)

Omit "decision-maker in relation to the original decision", substitute "Secretary".

24 Subsection 65(7)

Omit "decision-maker", substitute "Secretary".

25 Subsection 67(2)

Repeal the subsection.

26 Division 1 of Part 6 (heading)

Repeal the heading, substitute:


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Division 1--Notice to Secretary, and provision of statement of reasons and documents
27 Section 76

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 76 is altered by omitting "decision-maker" and substituting "Secretary".

28 Subsection 77(1)

Omit "decision-maker is", substitute "Secretary is".

Note: The heading to section 77 is altered by omitting "decision-maker" and substituting "Secretary".

29 Subsection 77(1)

Omit "decision-maker must", substitute "Secretary must".

30 Paragraph 77(1)(b)

Omit "decision-maker's" (wherever occurring), substitute "Secretary's".

31 Paragraph 77(2)(b)

Omit "decision-makers are", substitute "the Secretary is".

32 Subsection 77(3)

Omit "decision-maker", substitute "Secretary".

33 Paragraph 78(1)(a)

Omit "decision-maker", substitute "Secretary".

34 Subsection 78(1)

Omit "give the decision-maker", substitute "give the Secretary".

35 Paragraph 78(1)(d)

Omit "decision-maker", substitute "Secretary".

36 Subsection 78(2)

Omit "decision-maker", substitute "Secretary".

37 Subsection 79(1)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

Note: The heading to section 79 is altered by omitting "Decision-maker" and substituting "Secretary".

38 Subsection 79(2)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

39 After section 79

Insert:

79A Use of Secretary's powers under section 192 of the Social Security Administration Act to obtain information etc. (1) In the case of review of either an original decision or a first-tier decision, if:

(a) the Tribunal considers that a person has or may have information, or custody or control of a document, that may be relevant to the review of the decision by the Tribunal; and

(b) the Secretary has power, under section 192 of the Social Security (Administration) Act 1999 to require the person to give the information, or produce the document, to the Department;

the Tribunal may request the Secretary to exercise that power.

(2) The Secretary must:

(a) comply with any such request as soon as practicable and, in any event, before the end of 7 days after the day on which the Tribunal makes the request; and

(b) give any information or document received to the Tribunal.

40 Subsection 82(2)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

41 Subsection 82(3)

Omit "decision-maker", substitute "Secretary".

42 Subsection 82(4)

Omit "decision-maker", substitute "Secretary".

43 Paragraph 84(1)(b)

Omit "decision-maker", substitute "Secretary".

44 Section 85

Repeal the section.

45 Subsection 87(1)

Omit "decision-maker", substitute "Secretary".

46 Section 94

Omit "If the decision-maker is a participant in the review of a decision, the decision-maker", substitute "The Secretary".

Note: The heading to section 94 is altered by omitting "Decision-maker" and substituting "Secretary".

47 Paragraph 96(3)(a)

Omit "decision-maker", substitute "Secretary".

48 At the end of section 105

Add:

(2) To avoid doubt, subsection (1) does not prevent the exercise of the Secretary's powers or the performance of the Secretary's functions by a delegate under section 234 of the Social Security (Administration) Act 1999 as given effect by subsection 50(5) of this Act.

49 Subsection 108(2)

After "participants", insert "(other than the Secretary)".

50 After subsection 110(1)

Insert:


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Secretary not to be required to attend conferences etc.

(1A) However, subsection (1) does not apply to the extent that would require the Secretary to attend, or otherwise take part, in a conference or other process.

51 Subsection 117(2)

After "review", insert "(other than the Secretary)".

52 After subsection 121(1)

Insert:

Avoidance of doubt

(1A) To avoid doubt, subsection (1) does not affect the operation of section 145, 147 or 148 of the Social Security (Administration) Act 1999.

Note: The heading to section 121 is altered by omitting "decision-maker" and substituting "Secretary".

53 Section 123

Repeal the section.

54 Paragraph 124(1)(a)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 124 is altered by omitting "decision-maker" and substituting "Secretary".

55 Paragraph 124(1)(b)

Omit "decision-maker", substitute "Secretary".

56 Paragraph 124(2)(a)

Omit "decision-maker", substitute "Secretary".

57 Subsection 124(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

Note: The heading to subsection 124(3) is altered by omitting "decision-maker" and substituting "Secretary".

58 Subsections 124(4), (5) and (6)

Omit "decision-maker", substitute "Secretary".

59 Paragraphs 124(7)(a) and (b)

Omit "decision-maker", substitute "Secretary".

60 Subsection 125(1)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 125 is altered by omitting "decision-maker" and substituting "Secretary".

61 Subsection 125(2)

Omit "decision-maker", substitute "Secretary".

Note: The heading to subsection 125(2) is altered by omitting "decision-maker" and substituting "Secretary".

62 Subsection 125(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

63 Subsections 125(4), (5) and (6)

Omit "decision-maker", substitute "Secretary".

64 Subsections 126(1) and (2)

Omit "section 123, 124 or 125, the decision-maker", substitute "section 126 of the Social Security (Administration) Act 1999 or section 124 or 125 of this Act, the Secretary".

65 Subsection 126(3)

Repeal the subsection, substitute:

(3) If the applicant advises the Tribunal as mentioned in subparagraph (1)(b)(ii) or (2)(b)(ii), the review ends.

66 Division 1 of Part 8 (note after the Division heading)

Omit "decision-maker", substitute "Secretary".

67 Subsection 128(1)

Omit "decision-maker", substitute "Secretary".

68 Section 129

Omit "decision-maker", substitute "Secretary".

69 Subsection 133(1)

Repeal the subsection, substitute:

Powers of Tribunal in reviewing an original decision

(1) Subject to subsection (1A), the Tribunal:

(a) may, for the purpose of reviewing an original decision, exercise all the powers and discretions that are conferred by the social security law on the Secretary; and

(b) must have regard to any statement a copy of which has been given to the Tribunal under subsection 9(1) of the Social Security (Administration ) Act 1999.

(1A) The reference in paragraph (1)(a) to powers and discretions conferred by the social security law does not include a reference to a power or discretion conferred by:

(a) a provision dealing with the form and place of lodgment of a claim; or

(b) a provision dealing with the manner of payment of a social security payment; or

(c) section 1233 of the 1991 Act; or

(d) a provision dealing with the giving of a notice requiring information; or

(e) section 1100 of the 1991 Act; or

(f) section 1218A of the 1991 Act; or

(g) section 131 or 145 of the Social Security (Administration) Act

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1999
; or

(h) a provision dealing with the imposition of requirements before the grant of a social security payment; or

(i) a provision dealing with the deduction of amounts from payments of a social security payment for tax purposes.

(1B) The Tribunal may, for the purpose of reviewing an original decision under the Health Insurance Act 1973, exercise all the powers and discretions conferred by that Act on the Secretary.

70 Subsection 133(2)

Omit "The Tribunal", substitute "Unless subsection (2A) applies, the Tribunal".

71 Subparagraph 133(2)(c)(ii)

Omit "decision-maker", substitute "Secretary".

72 After subsection 133(2)

Insert:

(2A) If the original decision is:

(a) a decision under section 525B of the 1991 Act as previously in force to the extent that it related to the terms of a Job Search Activity Agreement that was previously in force; or

(b) a decision under section 544B of that Act to the extent that it relates to the terms of a Youth Allowance Activity Agreement that is in force; or

(c) a decision under section 606 of that Act to the extent that it relates to the terms of a Newstart Activity Agreement that is in force;

the Tribunal must make a decision in writing:

(d) affirming the decision; or

(e) setting aside the decision and remitting the matter to the Secretary for reconsideration in accordance with any directions or recommendations of the Tribunal.

73 Subsection 133(3)

Omit "by subsections (1) and (2)", substitute "under subsections (1), (1A), (1B), (2) and (2A)".

74 Subsection 133(4) (note)

Omit "decision-maker", substitute "Secretary".

75 After section 133

Insert:

133A Assessment of payments following review Social security payments

(1) If the Tribunal sets a decision aside under subsection 133(2) and substitutes for it a decision that a person is entitled to a social security payment (other than pension bonus), the Tribunal must:

(a) assess the rate at which the social security payment is to be paid to the person; or

(b) ask the Secretary to assess the rate at which the social security payment is to be paid to the person.

Pension bonuses

(2) If the Tribunal sets a decision aside under subsection 133(2) and substitutes for it a decision that a person is entitled to a pension bonus, the Tribunal must:

(a) assess the amount of the pension bonus that is to be paid to the person; or

(b) ask the Secretary to assess the amount of the pension bonus that is to be paid to the person.

133B Tribunal may direct that an event is to be taken to have occurred If:

(a) the Tribunal sets a decision (the initial decision) aside under subsection 133(2) or (4); and

(b) the Tribunal is satisfied that an event that did not occur would have occurred if the initial decision had not been made;

the Tribunal may, if satisfied that it is reasonable to do so, direct that the event is to be taken, for the purposes of the social security law, to have occurred.

76 Subsection 134(1)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 134 is altered by omitting "decision-maker" and substituting "Secretary".

77 Subsection 134(2)

Omit "decision-maker", substitute "Secretary".

78 Subsection 135(3)

Omit "When", substitute "Subject to subsection (5) and section 135A, when".

79 At the end of section 135

Add:

(4) However, if:

(a) a person is given written notice of an original decision under the social

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security law; and

(b) the person applies to the Tribunal for first-tier review of the decision later than 13 weeks after the notice was given; and

(c) the Tribunal decides under section 133 to vary the decision or set the decision aside and substitute a new decision; and

(d) the effect of the decision of the Tribunal is:

(i) to grant the person's claim for a social security payment or a concession card; or

(ii) to direct the making of a payment of a social security payment to the person or the issue of a concession card to the person, as the case may be; or

(iii) to increase the rate of the person's social security payment;

subsection (3) applies in relation to the decision of the Tribunal as if the day on which the original decision had effect was the day on which the person applied for first-tier review of the decision.

(5) The Tribunal may declare that subsection (3) does not apply to a decision by the Tribunal on a review.

80 After section 135

Insert:

135A When an Activity Agreement decision has effect (1) This section applies to:

(a) a decision under section 544B of the 1991 Act to the extent that it relates to the terms of a Youth Allowance Activity Agreement that is in force; and

(b) a decision under section 606 of the 1991 Act to the extent that the decision relates to the terms of a Newstart Activity Agreement that is in force.

(2) Subject to subsection (3), a decision by the Tribunal under section 133 on review of a decision to which this section applies has effect from the time the decision is made.

(3) The Tribunal may state in a decision under section 133 that the decision is not to have effect until a later day specified in the decision and, if it does so, the decision of the Tribunal has effect from that later day.

81 Subsection 136(2)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

82 Subsection 139(1)

Omit "decision-maker", substitute "Secretary".

83 Section 140 (note)

Omit "a decision-maker", substitute "the Secretary".

84 Paragraph 153(2)(a)

Omit "decision-maker", substitute "Secretary".

85 Section 155

Omit "Each", substitute "Subject to this section, each".

Note: The heading to section 155 is replaced by the heading "Costs of review".

86 At the end of section 155

Add:

(2) The Tribunal may determine that the Commonwealth is to pay the reasonable costs that are:

(a) incurred by a participant for travel and accommodation in connection with the review; and

(b) specified in the determination.

(3) If the Tribunal arranges for the provision of a medical service in relation to a participant in a review, the Tribunal may determine that the Commonwealth is to pay the costs of the provision of the service.

(4) If the Tribunal makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.

87 Subsection 159(1)

Omit "decision-maker in relation to an original decision", substitute "Secretary".

Note: The heading to section 159 is altered by omitting "decision-maker" and substituting "Secretary".

88 Subsection 159(2)

Repeal the subsection.

89 Subsection 167(5)

Omit "decision-maker", substitute "Secretary".

Schedule 12--Amendment of A New Tax System (Family Assistance) (Administration) Act 1999

1 Subsection 3(1) (definition of AAT)

Repeal the definition.

2 Subsection 3(1) (definition of AAT Act)

Repeal the definition.

3 Subsection 3(1)

Insert:

ART means the Administrative Review Tribunal.

4 Subsection 3(1) (definition of decision)


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Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000 (as modified by Schedule 1 to this Act)".

5 Subsection 3(1) (definition of Executive Director)

Repeal the definition.

6 Subsection 3(1) (definition of SSAT)

Repeal the definition.

7 Paragraph 73(a)

Omit "AAT under section 142", substitute "ART".

8 Paragraph 73(b)

Omit "AAT makes an order under subsection 41(2) of the Administrative Appeals Tribunal Act 1975", substitute "ART makes an order under subsection 121(3) or (4) of the Administrative Review Tribunal Act 2000 (as modified by Schedule 1 to this Act)".

9 Subsection 100(2)

Repeal the subsection, substitute:

(2) If the Secretary:

(a) has made an agreement with a debtor for the purposes of section 109 of the Administrative Review Tribunal Act 2000 (as modified by Schedule 1 to this Act); and

(b) the terms of the agreement include the recovery of a debt on the basis that the debtor will pay an amount (the agreed amount) that is less than the full amount of the debt; and

(c) the ART makes a decision or takes action in accordance with, or consistent with, those terms;

the Secretary must waive the right to recover the difference between the debt and the agreed amount.

Note: The heading to subsection 100(2) is replaced by the heading "Agreement under section 109 of the ART Act".

10 Subsection 105(2)

Omit "SSAT or the AAT", substitute "ART".

Note: The heading to subsection 105(2) is altered by omitting "SSAT or the AAT" and substituting "ART".

11 Paragraph 106(6)(b)

Omit "SSAT or the AAT", substitute "ART".

Note: The heading to subsection 106(6) is altered by omitting "SSAT or the AAT" and substituting "ART".

12 Subsection 106(6)

Omit "Executive Director of the SSAT or to the Registrar of the AAT, as the case requires", substitute "President of the ART".

13 Paragraph 109A(4)(b)

Omit "SSAT", substitute "ART".

14 Subsection 109A(4)

Omit "SSAT", substitute "ART".

15 Paragraph 109H(1)(a)

Omit "subject to this Part, apply to the SSAT", substitute "subject to the Administrative Review Tribunal Act 2000 (as modified by Schedule 1 to this Act), apply to the ART".

16 Subparagraph 109H(1)(b)(iii)

Omit "and".

17 Paragraph 109H(1)(c)

Repeal the paragraph.

18 Division 2 of Part 5 (heading)

Repeal the heading, substitute:

Division 2--Review by the Administrative Review Tribunal 19 Section 110

Repeal the section.

20 Subsection 111(1)

Omit "a person affected by the decision may apply to the Social Security Appeals Tribunal", substitute "application may be made to the Administrative Review Tribunal".

Note: The heading to section 111 is altered by omitting "SSAT" and substituting "ART".

21 Subsection 111(1A)

Omit "a person whose interests are affected by the decision may apply to the SSAT", substitute "application may be made to the ART".

22 Subsection 111(1B)

Repeal the subsection.

23 Subsection 111(2)

After "subsection (1)", insert "or (1A)".

24 Paragraph 111(2)(e)

Omit "relating to the Secretary's power under section 146 to settle proceedings before the AAT", substitute "by the Secretary to make an agreement mentioned in paragraph 109(a) of the Administrative Review Tribunal Act 2000 (as modified by Schedule 1 to this Act)".

25 At the end of paragraph 111(2)(f)

Add:


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unless the decision is one of the following:

(i) a decision under section 195 not to approve a child care service for the purposes of the family assistance law or to approve the service from a particular day;

(ii) a decision under subsection 199(2) to impose another condition for the continued approval of an approved child care service;

(iii) a decision under subsection 200(1) to do one or more of the things mentioned in paragraphs (a) to (e) of that subsection in relation to an approved child care service;

(iv) a decision under subsection 200(3) to revoke the suspension of the approval of an approved child care service from a particular day;

(v) a decision under subsection 202(2) not to cancel an approved child care service's approval;

(vi) a decision under subsection 202(3) to cancel an approved child care service's approval;

(vii) a decision under subsection 202(4) to cancel an approved child care service's approval, but only if the service made submissions under paragraph 203(1)(e) in relation to the cancellation;

(viii) a decision under paragraph 205(3)(a) not to exempt a specified child care service from a specified eligibility rule;

(ix) a decision under section 207 to refuse to allocate any child care places to an approved child care service that is not based on guidelines of the Minister of the kind mentioned in paragraph 206(c);

(x) a decision under section 207 to refuse to allocate the number of child care places an approved child care service has applied for under that section that is not based on guidelines of the Minister of the kind mentioned in paragraph 206(c);

(xi) a decision under subsection 210(1) not to approve an individual as a registered carer for the purposes of the family assistance law;

(xii) a decision under subsection 212(1) as to when the approval of an applicant as a registered carer is taken to have come into force;

(xiii) a decision under subsection 212(3) as to when the approval of an applicant as a registered carer is taken not to have been in force;

(xiv) a decision under subsection 213(2) to impose another condition for the continued approval of an individual as a registered carer;

(xv) a decision under subsection 214(1) to do one or more of the things mentioned in paragraphs (a) to (d) of that subsection in relation to a registered carer;

(xvi) a decision under subsection 216(3) to cancel a registered carer's approval;

(xvii) a decision under subsection 53(3) of the Family Assistance Act.

26 Sections 111A and 111B

Repeal the sections, substitute:

111A Conduct of reviews If this Division provides for application to be made to the Administrative Review Tribunal for review of a decision:

(a) the decision must be reviewed in the Income Support Division of the Tribunal; and

(b) the Administrative Review Tribunal Act 2000 as modified by Schedule 1 to this Act applies to the review.

27 Paragraphs 112(1)(c) and (1A)(c)

Omit "SSAT under section 111", substitute "ART".

28 Subparagraphs 112(3)(b)(i) and (ii)

Omit "SSAT", substitute "ART".

29 Section 113

Repeal the section, substitute:

113 Secretary may direct that an event is to be taken to have occurred If:

(a) the ART sets a decision (the initial decision) aside under subsection 133(2) or (4) of the Administrative Review Tribunal Act 2000 (as modified by Schedule 1 to this Act); and

(b) the Secretary is satisfied that an event that did not occur would have occurred if the initial decision had not been made;

the Secretary may, if satisfied that it is reasonable to do so, direct that the event is to be taken, for the purposes of the family assistance law, to have occurred.

30 Section 114

Repeal the section, substitute:

114 Notice by Secretary of ART decision relating to a determination of conditional eligibility for child care benefit by fee reduction etc. If:

(a) the ART makes a decision on a review in respect of an individual claiming child care benefit by fee reduction for care provided by an approved child care service to a child; and

(b) the decision on review is to vary, or set aside and substitute a new

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decision for, one of the following decisions:

(i) a determination of conditional eligibility;

(ii) a weekly limit of hours, CCB % or schooling % applicable to the individual;

(iii) a determination of rate under subsection 81(2) or (3) of the Family Assistance Act; and

(c) on the day that the ART decision is made:

(i) the service is still providing care to the child; and

(ii) a determination of conditional eligibility is still in force in respect of the individual with the effect that the individual is conditionally eligible;

the Secretary must give notice of the ART decision to the service. The notice must state the effect of the decision.

31 Sections 116, 117 and 118

Repeal the sections.

32 Divisions 3 and 4 of Part 5

Repeal the Divisions.

33 Subsection 219A(2) (table item 10)

Omit "141A", substitute "114".

34 Paragraph 235(4)(b)

Omit ", the Social Security Appeals Tribunal, or the Administrative Appeals Tribunal, under Part 5", substitute "under Part 5".

Schedule 13--New Schedule to A New Tax System (Family Assistance) (Administration) Act 1999

1 At the end of the Act

Add:

Schedule 1--Modified application of Administrative Review Tribunal Act for the purposes of the review of decisions under the family assistance law

Note: This Schedule sets out modifications of the Administrative Review Tribunal Act 2000 that, in accordance with paragraph 111A(b) of this Act, are to be made for the purposes of the review mentioned in that paragraph.

1 Section 6 (definition of decision-maker)

Repeal the definition.

2 Section 6

Insert:

family assistance law has the same meaning as in the A New Tax System (Family Assistance) (Administration) Act 1999.

3 Section 6

Insert:

Secretary means the Secretary of the Department that:

(a) deals with matters to which the A New Tax System (Family Assistance) (Administration) Act 1999 relates; and

(b) is administered by the Minister administering that Act.

4 At the end of section 50

Add:

Delegation by Secretary

(5) Section 221 of the A New Tax System (Family Assistance) (Administration) Act 1999 has effect for the purposes of this Act as if:

(a) references in that section to powers included a reference to functions; and

(b) the reference to the family assistance law in subsection (1) of that section included a reference to this Act.

5 Section 55

Repeal the section.

6 Before paragraph 56(5)(a)

Insert:

(aa) a decision under section 105 of the A New Tax System (Family Assistance) (Administration) Act 1999 affirming an original decision (within the meaning of that Act);

7 Subsection 57(1)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

8 Subsection 57(2)

Omit "decision-maker", substitute "Secretary".

Note: The heading to subsection 57(2) is altered by omitting "Decision-maker" and substituting "Secretary".

9 Subsection 57(3)

Omit "decision-maker", substitute "Secretary".

10 Paragraphs 57(4)(a) and (b)

Omit "decision-maker", substitute "Secretary".

11 Subsections 57(4) and (5)

Omit "decision-maker must", substitute "Secretary must".

12 Paragraphs 58(1)(a) and (b)

Omit "decision-maker", substitute "Secretary".

13 Subsection 58(1)

Omit "decision-maker should", substitute "Secretary should".

14 Subsection 58(2)


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Omit "decision-maker", substitute "Secretary".

15 Subsection 58(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

16 Paragraph 59(1)(a)

Omit "a decision-maker", substitute "the Secretary".

17 Subsection 59(2)

Omit "decision-maker", substitute "Secretary".

18 Subsection 59(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

19 Subsection 60(2)

Omit "decision-maker", substitute "Secretary".

20 Subsection 61(1)

Omit "A person", substitute "Subject to section 61A, a person".

21 After subsection 61(1)

Insert:

(1A) If a decision is made under subsection 91A(3) of the Child Support (Assessment) Act 1989 about a particular agreement, then, for the purposes of the application of subsection (1) of this section to the decision, both of the parties to the agreement are taken to be persons whose interests are affected by the decision.

22 After section 61

Insert:

61A Time limits for applying for review of certain decisions (1) Subject to subsection (2), a person must apply to the Tribunal for review of a decision (other than an excepted decision) no later than 13 weeks after the person is notified of the decision.

(2) The Tribunal may, if it determines that there are special circumstances that prevented the person from making an application for review of the decision within the 13 weeks mentioned in subsection (1), permit the person to make the application after the end of that period and within such further period as the Tribunal determines to be appropriate.

(3) In this section:

excepted decision means a decision:

(a) relating to the payment to a person of family tax benefit by instalment; or

(b) relating to the raising of a debt under Division 2 of Part 4.

23 Paragraph 63(a)

Omit "decision-maker in relation to the decision", substitute "Secretary".

24 Subparagraph 65(3)(a)(ii)

Omit "decision-maker in relation to the original decision", substitute "Secretary".

25 Subsection 65(7)

Omit "decision-maker", substitute "Secretary".

26 Subsection 67(2)

Repeal the subsection.

27 Division 1 of Part 6 (heading)

Repeal the heading, substitute:

Division 1--Notice to Secretary, and provision of statement of reasons and documents 28 Section 76

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 76 is altered by omitting "decision-maker" and substituting "Secretary".

29 Subsection 77(1)

Omit "decision-maker is", substitute "Secretary is".

Note: The heading to section 77 is altered by omitting "decision-maker" and substituting "Secretary".

30 Subsection 77(1)

Omit "decision-maker must", substitute "Secretary must".

31 Paragraph 77(1)(b)

Omit "decision-maker's" (wherever occurring), substitute "Secretary's".

32 Paragraph 77(2)(b)

Omit "decision-makers are", substitute "the Secretary is".

33 Subsection 77(3)

Omit "decision-maker", substitute "Secretary".

34 Paragraph 78(1)(a)

Omit "decision-maker", substitute "Secretary".

35 Subsection 78(1)

Omit "give the decision-maker", substitute "give the Secretary".

36 Paragraph 78(1)(d)

Omit "decision-maker", substitute "Secretary".

37 Subsection 78(2)

Omit "decision-maker", substitute "Secretary".

38 Subsection 79(1)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

Note: The heading to section 79 is altered by omitting

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"Decision-maker" and substituting "Secretary".

39 Subsection 79(2)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

40 After section 79

Insert:

79A Use of Secretary's powers under section 154 of the Family Assistance Administration Act to obtain information etc. (1) In the case of review of either an original decision or a first-tier decision, if:

(a) the Tribunal considers that a person has or may have information, or custody or control of a document, that may be relevant to the review of the decision by the Tribunal; and

(b) the Secretary has power, under section 154 of the A New Tax System (Family Assistance) (Administration) Act 1999 to require the person to give the information, or produce the document, to an officer;

the Tribunal may ask the Secretary to exercise that power.

(2) The Secretary must:

(a) comply with a request under subsection (1) as soon as practicable and, in any event, before the end of 7 days after the day on which the Tribunal makes the request; and

(b) give any information or document received to the Tribunal.

41 Subsection 82(2)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

42 Subsection 82(3)

Omit "decision-maker", substitute "Secretary".

43 Subsection 82(4)

Omit "decision-maker", substitute "Secretary".

44 Paragraph 84(1)(b)

Omit "decision-maker", substitute "Secretary".

45 Section 85

Repeal the section.

46 Subsection 87(1)

Omit "decision-maker", substitute "Secretary".

47 Section 94

Omit "If the decision-maker is a participant in the review of a decision, the decision-maker", substitute "The Secretary".

Note: The heading to section 94 is altered by omitting "Decision-maker" and substituting "Secretary".

48 Paragraph 96(3)(a)

Omit "decision-maker", substitute "Secretary".

49 At the end of section 105

Add:

(2) To avoid doubt, subsection (1) does not prevent the exercise of the Secretary's powers or the performance of the Secretary's functions by a delegate under section 221 of the A New Tax System (Family Assistance) (Administration) Act 1999 as given effect by subsection 50(5) of this Act.

50 Subsection 108(2)

After "participants", insert "(other than the Secretary)".

51 After subsection 110(1)

Insert:

(1A) However, subsection (1) does not apply to the extent that would require the Secretary to attend, or otherwise take part in, a conference or other process.

52 Subsection 117(2)

After "review", insert "(other than the Secretary)".

53 After subsection 121(1)

Insert:

(1A) To avoid doubt, subsection (1) does not affect the operation of section 112 of the A New Tax System (Family Assistance) (Administration) Act 1999.

Note: The heading to section 121 is altered by omitting "decision-maker" and substituting "Secretary".

54 Section 123

Repeal the section.

55 Paragraph 124(1)(a)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 124 is altered by omitting "decision-maker" and substituting "Secretary".

56 Paragraph 124(1)(b)

Omit "decision-maker", substitute "Secretary".

57 Paragraph 124(2)(a)

Omit "decision-maker", substitute "Secretary".

58 Subsection 124(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

Note: The heading to subsection 124(3) is altered by omitting "decision-maker" and substituting "Secretary".

59 Subsections 124(4), (5) and (6)

Omit "decision-maker", substitute "Secretary".


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60 Paragraphs 124(7)(a) and (b)

Omit "decision-maker", substitute "Secretary".

61 Subsection 125(1)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 125 is altered by omitting "decision-maker" and substituting "Secretary".

62 Subsection 125(2)

Omit "decision-maker", substitute "Secretary".

Note: The heading to subsection 125(2) is altered by omitting "decision-maker" and substituting "Secretary".

63 Subsection 125(3)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

64 Subsections 125(4), (5) and (6)

Omit "decision-maker", substitute "Secretary".

65 Subsections 126(1) and (2)

Omit "section 123, 124 or 125, the decision-maker", substitute "section 105 of the A New Tax System (Family Assistance) (Administration) Act 1999 or section 124 or 125 of this Act, the Secretary".

66 Subsection 126(3)

Repeal the subsection, substitute:

(3) If the applicant advises the Tribunal as mentioned in subparagraph (1)(b)(ii) or (2)(b)(ii), the review ends.

67 Division 1 of Part 8 (note after the Division heading)

Omit "decision-maker", substitute "Secretary".

68 Subsection 128(1)

Omit "decision-maker", substitute "Secretary".

69 Section 129

Omit "decision-maker", substitute "Secretary".

70 Subsection 133(1)

Omit "any relevant enactment on the decision-maker", substitute "the family assistance law on the Secretary".

71 Subparagraph 133(2)(c)(ii)

Omit "decision-maker", substitute "Secretary".

72 Subsection 133(4) (note)

Omit "decision-maker", substitute "Secretary".

73 After section 133

Insert:

133A Assessment of payments following review If the Tribunal sets a decision aside and substitutes for it a decision that:

(a) a person is entitled to have a payment made under the A New Tax System (Family Assistance) (Administration) Act 1999; or

(b) a person is conditionally eligible for child care benefit by fee reduction; or

(c) the weekly limit of hours, the CCB % or the schooling % applicable to a person is to be increased;

the Tribunal must:

(d) in the case of paragraph (a):

(i) assess the amount of the payment; or

(ii) ask the Secretary to assess the amount; and

(e) in the case of paragraph (b):

(i) ask the Secretary to determine the weekly limit of hours, CCB % and schooling % applicable to the person; and

(ii) if the limit or percentage affects the amount of the entitlement of the person--assess that amount; and

(f) in the case of paragraph (c):

(i) determine what the limit or percentage is to be; or

(ii) ask the Secretary to assess the limit or percentage.

133B Tribunal may direct that an event is to be taken to have occurred If:

(a) the Tribunal sets a decision (the initial decision) aside under subsection 133(2) or (4); and

(b) the Tribunal is satisfied that an event that did not occur would have occurred if the initial decision had not been made;

the Tribunal may, if satisfied that it is reasonable to do so, direct that the event is to be taken, for the purposes of the social security law, to have occurred.

74 Subsection 134(1)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 134 is altered by omitting "decision-maker" and substituting "Secretary".

75 Subsection 134(2)

Omit "decision-maker", substitute "Secretary".

76 Subsection 135(3)

Omit "When", substitute "Subject to subsection (4) and to

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section 135A, when".

77 At the end of section 135

Add:

When variations etc. of original decisions have effect

(4) Subject to section 135A, regulations made under the A New Tax System (Family Assistance) (Administration) Act 1999 may provide that if:

(a) specified decisions to which section 134 applies come into operation; and

(b) the decisions have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment;

the decisions only have effect from a specified day before the making of the decision.

78 After section 135

Insert:

135A Date of effect of certain decisions relating to payment of family tax benefit by instalment (1) If:

(a) a person applies to the Tribunal for review of an original decision relating to the payment to a person of family tax benefit by instalment; and

(b) the application is made more than 13 weeks after the person was given notice of the original decision; and

(c) the Tribunal decides, under subsection 133(2), to vary the original decision or set aside the original decision and substitute a new decision; and

(d) the decision of the Tribunal will have the effect of creating or increasing an entitlement to be paid family tax benefit by instalment;

the date of effect of the decision of the Tribunal is:

(e) unless paragraph (f) applies--the date that would give full effect to the decision of the Tribunal; or

(f) if the date referred to in paragraph (e) is earlier than the first day of the income year before the income year in which the application to the Tribunal for review was made--that first day.

(2) The Tribunal may, if it is satisfied that there are special circumstances that prevented the applicant from making an application within 13 weeks, determine that subsection (1) applies as if the reference to 13 weeks were a reference to such longer period as the Tribunal determines to be appropriate.

79 Subsection 136(2)

Omit "decision-maker" (wherever occurring), substitute "Secretary".

80 Subsection 139(1)

Omit "decision-maker", substitute "Secretary".

81 Section 140 (note)

Omit "a decision-maker", substitute "the Secretary".

82 At the end of section 142

Add:

This section does not apply to certain applications

(4) This section does not apply to an application for review of a decision under section 61 other than an application for review of an excepted decision (within the meaning of subsection 61A(3)).

83 Paragraph 153(2)(a)

Omit "decision-maker", substitute "Secretary".

84 Section 155

Omit "Each", substitute "Subject to this section, each".

Note: The heading to section 155 is replaced by the heading "Costs of review".

85 At the end of section 155

Add:

(2) The Tribunal may determine that the Commonwealth is to pay the reasonable costs that are:

(a) incurred by a participant for travel and accommodation in connection with the review; and

(b) specified in the determination.

(3) If the Tribunal arranges for the provision of a medical service in relation to a participant to a review, the Tribunal may determine that the Commonwealth is to pay the costs of the provision of the service.

(4) If the Tribunal makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.

86 Subsection 159(1)

Omit "decision-maker", substitute "Secretary".

Note: The heading to section 159 is altered by omitting "decision-maker" and substituting "Secretary".

87 Subsection 159(2)

Repeal the subsection.

88 Subsection 167(5)

Omit "decision-maker", substitute "Secretary".

Schedule 14--Amendment of migration legislation

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Part 1--Amendment of Migration Act 1958

1 Subsection 5(1)

Insert:

Administrative Review Tribunal means the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2000.

2 Subsection 5(1) (definition of Migration Review Tribunal)

Repeal the definition.

3 Subsection 5(1) (definition of Refugee Review Tribunal)

Repeal the definition.

4 Subsection 5(1) (definition of RRT-reviewable decision)

Repeal the definition.

5 Paragraphs 5(9)(a) and (b)

Omit "or 7".

6 After subsection 52(3)

Insert:

(3A) A visa applicant must tell the Minister the address at which the applicant intends to live while the application is being dealt with.

(3B) If the applicant proposes to change the address at which he or she intends to live for a period of 14 days or more, the applicant must tell the Minister the address and the period of proposed residence.

(3C) If, in accordance with the regulations, 2 or more non-citizens apply for visas together, notifications given to any of them about the application are taken to be given to each of them.

Note 1: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.

Note 2: If a person gives the Minister notice under section 494D, documents that would have been given to the person will be given to the person's authorised recipient.

Note: The heading to section 52 is replaced by the heading "Communication with Minister".

7 Section 53

Repeal the section.

8 Paragraph 57(3)(b)

Omit "or 7".

9 Paragraph 66(2)(c)

Omit "and".

10 Paragraph 66(2)(d)

Repeal the paragraph.

11 At the end of subsection 66(2)

Add:

Note: If a decision is reviewable under Part 5, notification of the decision must include information about review rights: see section 340.

12 Paragraph 66(3)(b)

Omit "or 7".

13 Subsection 69(1)

After "Subdivision AA or AB", insert "or section 494D".

14 Paragraph 91G(2)(a)

Omit "the Migration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal", substitute "the Administrative Review Tribunal".

15 Section 99

Omit "Tribunal", substitute "tribunal".

16 Subsection 114(1)

Omit ", the Administrative Appeals Tribunal, the Migration Review Tribunal or the Refugee Review Tribunal,", substitute "or the Administrative Review Tribunal".

17 Subsection 127(2)

Repeal the subsection, substitute:

(2) Notification of a decision to cancel a visa must specify the ground for the cancellation.

Note: If a decision is reviewable under Part 5, notification of the decision must include information about review rights: see section 340.

18 At the end of subsection 134(1)

Add:

Note: A decision to cancel a business visa under this subsection is a reviewable general visa decision for the purposes of Part 5 (which deals with review of decisions by the Administrative Review Tribunal).

19 At the end of subsection 134(3A)

Add:

Note: A decision to cancel an investment-linked visa under this subsection is a reviewable general visa decision for the purposes of Part 5 (which deals with review of decisions by the Administrative Review Tribunal).

20 At the end of subsection 134(4)

Add:

Note: A decision to cancel a business visa under this subsection is a reviewable general visa decision for the purposes of Part 5 (which deals with review of decisions by the Administrative Review Tribunal).

21 Subsection 134(6)


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Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

22 Subsection 134(7)

Repeal the subsection.

23 Paragraph 134(8)(a)

Omit "Appeals" (wherever occurring), substitute "Review".

24 Subparagraph 134(8)(b)(ii)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

25 Paragraph 134(8)(b)

Omit "Administrative Appeals Tribunal gives", substitute "Administrative Review Tribunal gives".

26 Section 136

Repeal the section.

27 Paragraph 178(2)(b)

Omit ", 351, 391, 417 or 454", substitute "or 351".

28 Paragraph 202(2)(c)

Omit "before the end of 30 days after the receipt by the non-citizen of notice of the assessment".

29 Subsection 202(5)

Repeal the subsection, substitute;

(5) Subsection 142(2) of the Administrative Review Tribunal Act 2000 does not apply to an application for review of an adverse security assessment that was made for the purposes of subsection (1) of this section.

30 Paragraph 271(4)(a)

Omit "or the Migration Review Tribunal".

31 Subsection 271(4) (paragraphs (b) and (c) of the definition of migration proceedings)

Repeal the paragraphs, substitute:

(b) reviews by the Administrative Review Tribunal of decisions under this Act.

32 Section 275 (definition of review authority)

Repeal the definition.

33 Section 275

Insert:

reviewable general visa decision has the same meaning as in Part 5.

34 Section 275

Insert:

reviewable protection visa decision has the same meaning as in Part 5.

35 Section 275

Insert:

Tribunal means the Administrative Review Tribunal.

36 Paragraphs 276(1)(c) and (d)

Repeal the paragraphs, substitute:

(c) preparing for proceedings before a court in relation to the visa application or cancellation review application; or

(d) preparing for review by the Tribunal of a reviewable general visa decision or a reviewable protection visa decision; or

(e) representing the visa applicant or cancellation review applicant in proceedings before a court in relation to the visa application or cancellation review application; or

(f) representing the visa applicant or cancellation review applicant in a review by the Tribunal of a reviewable general visa decision or a reviewable protection visa decision.

37 Paragraph 276(2)(c)

Repeal the paragraph, substitute:

(c) representing the other person in proceedings before a court that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations; or

(d) representing the other person in a review by the Tribunal of a reviewable general visa decision where the decision relates to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.

38 Paragraph 277(1)(c)

Omit "any of the following".

39 Subparagraphs 277(1)(c)(ii) and (iii)

Repeal the subparagraphs, substitute:

; or (ii) review by the Tribunal of a reviewable general visa decision or a reviewable protection visa decision relating to the visa application or cancellation review application.

40 Paragraphs 277(3)(c) and (d)

Repeal the paragraphs, substitute:

(c) the review by the Tribunal of a reviewable general visa decision where the decision relates to the visa for which the person was nominating or sponsoring the visa applicant (or seeking to nominate or sponsor the visa applicant).

41 Section 295 (note)

Repeal the note, substitute:


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Note: The applicant may apply to the Tribunal for review of the decision. See section 306 of this Act. (Section 56 of the Administrative Review Tribunal Act 2000 requires that a person whose interests are affected by the Authority's decision be given notice of his or her right to seek review of the decision.)

42 Subsection 305(1) (note)

Repeal the note, substitute:

Note: Section 56 of the Administrative Review Tribunal Act 2000 requires that a person whose interests are affected by the Authority's decision be given notice of his or her right to seek review of the decision.

43 Paragraph 305(3)(a)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

44 Paragraph 305(3)(b)

Omit "the proceedings (including any appeals)", substitute "review and appeal action".

45 Subsection 305(3)

Omit "those proceedings", substitute "that review and appeal action".

46 Section 306

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

Note: The heading to section 306 is altered by omitting "Administrative Appeals".

47 Section 306

Omit "Administrative Appeals Tribunal for review", substitute "Tribunal for review".

48 At the end of section 306

Add:

(2) The review of a decision made by the Migration Agents Registration Authority under this Division is to take place in the Commercial and General Division of the Tribunal.

49 After subsection 321(2)

Insert:

Disclosure by the Tribunal to the Authority

(2A) The Tribunal may make a disclosure to the Migration Agents Registration Authority.

50 Section 337

Insert:

applicant, in relation to the review of a decision to which this Part applies, means the person who has applied for review of the decision.

51 Section 337

Insert:

Chief Executive Officer has the same meaning as in the Administrative Review Tribunal Act 2000.

52 Section 337

Insert:

consultant has the same meaning as in the Administrative Review Tribunal Act 2000.

53 Section 337

Insert:

Immigration and Refugee Division means the Immigration and Refugee Division mentioned in paragraph 11(b) of the Administrative Review Tribunal Act 2000.

54 Section 337

Insert:

IRD executive member means the executive member appointed to the Immigration and Refugee Division under subsection 14(1) of the Administrative Review Tribunal Act 2000.

55 Section 337

Insert:

IRD member means:

(a) the IRD executive member; or

(b) a member appointed to the Immigration and Refugee Division under subsection 14(2) of the Administrative Review Tribunal Act 2000; or

(c) a member assigned to the Immigration and Refugee Division under section 16 of the Administrative Review Tribunal Act 2000.

56 Section 337 (definition of member)

Repeal the definition, substitute:

member has the same meaning as in the Administrative Review Tribunal Act 2000.

57 Section 337 (definition of MRT-reviewable decision)

Repeal the definition.

58 Section 337

Insert:

non-reviewable Minister's decision means:

(a) a decision under subsection 500A(1) or (3); or

(b) a decision made by the Minister personally under subsection 501(1) or (2); or

(c) a decision under subsection 501(3); or

(d) a decision under section 501A; or


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(e) a decision under section 501B; or

(f) a decision that the Minister is taken to have made under subsection 501F(2) or (3).

59 Section 337

Insert:

President has the same meaning as in the Administrative Review Tribunal Act 2000.

60 Section 337 (definition of Principal Member)

Repeal the definition.

61 Section 337 (definition of Registrar)

Repeal the definition.

62 Section 337

Insert:

reviewable deportation decision has the meaning given by section 338D.

63 Section 337

Insert:

reviewable general character decision has the meaning given by section 338B.

64 Section 337

Insert:

reviewable general visa decision has the meaning given by section 338.

65 Section 337

Insert:

reviewable protection visa character decision has the meaning given by section 338C.

66 Section 337

Insert:

reviewable protection visa decision has the meaning given by section 338A.

67 Section 337 (definition of Senior Member)

Repeal the definition, substitute:

senior member has the same meaning as in the Administrative Review Tribunal Act 2000.

68 Section 337

Insert:

staff has the same meaning as in the Administrative Review Tribunal Act 2000.

69 Section 337 (definition of Tribunal)

Omit "Migration", substitute "Administrative".

70 Division 2 of Part 5 (heading)

Repeal the heading, substitute:

Division 2--Decisions to which this Part applies 71 Before section 338

Insert:

337A Decisions to which this Part applies This Part applies to the following decisions:

(a) reviewable general visa decisions (see section 338);

(b) reviewable protection visa decisions (see section 338A);

(c) reviewable general character decisions (see section 338B);

(d) reviewable protection visa character decisions (see section 338C);

(e) reviewable deportation decisions (see section 338D).

Note: Non-reviewable Minister's decisions are not covered by any of the above kinds of decisions and are therefore not reviewable under this Part.

72 Subsection 338(1)

Omit "an MRT-reviewable decision", substitute "a reviewable general visa decision".

Note: The heading to section 338 is replaced by the heading "Reviewable general visa decisions".

73 Paragraph 338(1)(b)

Omit "an RRT-reviewable decision", substitute "a reviewable protection visa decision".

74 Paragraph 338(1)(c)

Repeal the paragraph, substitute:

(c) the decision is a reviewable general character decision; or

(d) the decision is a reviewable protection visa character decision; or

(e) the decision is a non-reviewable Minister's decision.

75 Subsection 338(2)

Omit "or made under section 501", substitute ", (5), (6), (7) or (8)".

76 Subsection 338(2)

Omit "an MRT-reviewable decision", substitute "a reviewable general visa decision".

77 Subsection 338(3)

Omit "an MRT-reviewable decision", substitute "a reviewable

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general visa decision
".

78 Paragraph 338(3)(a)

After "subsection (4)", insert "or (4A)".

79 Paragraph 338(3)(b)

Omit "or".

80 Paragraph 338(3)(c)

Repeal the paragraph.

81 Subsection 338(4)

Omit "MRT-reviewable decisions", substitute "reviewable general visa decisions".

82 After subsection 338(4)

Insert:

(4A) A decision to cancel a visa under subsection 134(1), (3A) or (4) is a reviewable general visa decision.

83 Subsections 338(5) to (9)

Omit "an MRT-reviewable decision", substitute "a reviewable general visa decision".

84 Paragraphs 338(5)(a), (6)(a) and (7)(a)

Omit "not be granted while the non-citizen is in", substitute "be granted while the non-citizen is outside".

85 Paragraph 338(8)(a)

Omit "not be granted while the applicant is in", substitute "be granted while the applicant is outside".

86 After section 338

Insert:

338A Reviewable protection visa decisions A decision:

(a) to refuse to grant a protection visa; or

(b) to cancel a protection visa;

is a reviewable protection visa decision unless:

(c) the Minister has issued a conclusive certificate under section 339 in relation to the decision; or

(d) the decision is made in relation to a non-citizen who is not in the migration zone when the decision is made; or

(e) the decision is a reviewable protection visa character decision; or

(f) the decision is a non-reviewable Minister's decision.

338B Reviewable general character decisions A decision of a delegate of the Minister:

(a) to refuse to grant a visa, other than a protection visa, under subsection 501(1); or

(b) to cancel a visa, other than a protection visa, under subsection 501(2);

is a reviewable general character decision unless the Minister has issued a conclusive certificate under section 339 in relation to the decision.

338C Reviewable protection visa character decisions (1) A decision of a delegate of the Minister:

(a) to refuse to grant a protection visa under subsection 501(1); or

(b) to cancel a protection visa under subsection 501(2);

is a reviewable protection visa character decision unless the Minister has issued a conclusive certificate under section 339 in relation to the decision.

(2) A decision:

(a) to refuse to grant a protection visa; or

(b) to cancel a protection visa;

relying on one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2), is a reviewable protection visa character decision unless:

(c) the Minister has issued a conclusive certificate under section 339 in relation to the decision; or

(d) a certificate under section 502 relates to the decision.

338D Reviewable deportation decisions A decision of the Minister under section 200 because of circumstances specified in section 201 is a reviewable deportation decision unless:

(a) the Minister has issued a conclusive certificate under section 339 in relation to the decision; or

(b) a certificate under section 502 relates to the decision.

87 At the end of section 339

Add:

(2) To avoid doubt, the issue of a certificate under subsection (1) is not reviewable under this Part.

88 After Division 2 of Part 5


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Insert:

Division 2A--Notification of decisions and review rights 339A Reviewable decisions must be notified (1) If:

(a) the Minister makes a decision to which this Part applies; and

(b) neither another provision of this Act nor the regulations provide for the person to whom the decision relates to be given written notice of:

(i) the decision; and

(ii) the reasons for the decision;

the Minister must give the person such written notice.

(2) The notice must be given:

(a) except where paragraph (b) applies--by one of the methods specified in section 494B; or

(b) if the person to whom the decision relates is in immigration detention--by a method prescribed for the purposes of giving documents to such a person.

340 Notification must set out review rights If notice of a decision to which this Part applies is given to the person to whom the decision relates (whether under section 339A or any other provision of this Act or the regulations), the notice must:

(a) state that an application may be made to the Tribunal for review of the decision; and

(b) state the period within which the application for review can be made; and

(c) state who can apply; and

(d) contain, or be accompanied by, such additional information as is prescribed for the purposes of this paragraph.

341 Documents to be provided with notification of reviewable general character decisions and reviewable protection visa character decisions If:

(a) a reviewable general character decision; or

(b) a reviewable protection visa character decision;

relates to a person in the migration zone, the notice of the decision given to the person must be accompanied by 2 copies of every document, or part of a document, that:

(c) is in the possession or under the control of the person who made the decision; and

(d) was relevant to the making of the decision; and

(e) does not contain non-disclosable information.

342 Failure to comply does not affect validity of decision A failure to comply with a requirement of this Division does not affect the validity of a decision.

89 Division 3 of Part 5 (heading)

Repeal the heading, substitute:

Division 3--Review by Administrative Review Tribunal of decisions to which this Part applies 90 Section 347

Repeal the section, substitute:

343 Application for review Application may be made, in accordance with this Part, for review by the Tribunal of a decision to which this Part applies.

343A Review to take place in the Immigration and Refugee Division The review by the Tribunal of a decision to which this Part applies is to take place in the Immigration and Refugee Division of the Tribunal.

343B Application of the Administrative Review Tribunal Act (1) The following provisions of the Administrative Review Tribunal Act 2000 do not apply to the review by the Tribunal of a decision to which this Part applies:

(a) the definition of core provision in section 6;

(b) section 7;

(c) the notes below the headings to Parts 2 and 3;

(d) Parts 4 to 10.

(2) Paragraph 28(3)(f) of the Administrative Review Tribunal Act 2000 applies, in relation to any IRD member, as if, in addition to referring to

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obligations under section 75 or subsection 161(7) of the Administrative Review Tribunal Act 2000, that paragraph referred to obligations under paragraph 353(c) and section 355B of the Migration Act 1958.

344 Who can apply for review of decisions Reviewable general visa decisions

(1) An application for review of a reviewable general visa decision may only be made by:

(a) if the decision is covered by subsection 338(2), (3) or (4)--the non-citizen who is the subject of that decision, and only if he or she is in the migration zone when the application for review is made; or

(b) if the decision is covered by subsection 338(4A)--the non-citizen who is the subject of that decision; or

(c) if the decision is covered by subsection 338(5) or (8)--the sponsor or nominator mentioned in that subsection; or

(d) if the decision is covered by subsection 338(6) or (7)--the relative mentioned in that subsection; or

(e) if the decision is covered by subsection 338(7A)--the non-citizen who is the subject of that decision, and only if he or she:

(i) was in the migration zone at the time when the decision was made; and

(ii) is in the migration zone when the application for review is made; or

(f) if the decision is covered by subsection 338(9)--the person prescribed for the purposes of this paragraph in respect of the decision.

Reviewable protection visa decisions

(2) An application for review of a reviewable protection visa decision may only be made by the non-citizen who is the subject of that decision, and only if the non-citizen is in the migration zone when the application is made.

Reviewable general character decisions

(3) An application for review of a reviewable general character decision may only be made by a person who would be able to make an application for review of the decision under this Part if the decision had been a reviewable general visa decision.

Reviewable protection visa character decisions

(4) An application for review of a reviewable protection visa character decision may only be made by the non-citizen who is the subject of that decision, and only if the non-citizen is in the migration zone when the application is made.

Reviewable deportation decisions

(5) An application for review of a reviewable deportation decision may only be made by a person whose interests are affected by the decision and who is:

(a) an Australian citizen; or

(b) a lawful non-citizen whose continued presence in Australia is not subject to any limitation as to time imposed by law.

346 Form of application etc. Form of application

(1) An application for review of a decision to which this Part applies must be made in the manner and form specified in directions under section 353A.

Reviewable general character decisions and reviewable protection visa character decisions--documents to be provided if applicant is in the migration zone

(2) If:

(a) a reviewable general character decision; or

(b) a reviewable protection visa character decision;

relates to a person in the migration zone, an application to the Tribunal for review of the decision must be accompanied by:

(c) the document, or a copy of the document, notifying the person of the decision in accordance with subsection 501G(1); and

(d) one of the sets of documents given to the person under section 341.

346A Application fee Application to be accompanied by fee or waiver application

(1) If the regulations provide that a fee is payable for making an application for review of a decision to which this Part applies (the review application), the application must be accompanied by:

(a) the fee; or

(b) an application for waiver of the fee.

Waiver of fee

(2) If an application for waiver of the fee is made, the Tribunal must decide, in accordance with the regulations, whether to waive the fee.

Consequence if fee not waived

(3) If the Tribunal does not waive the fee:

(a) the Tribunal must give written notice of its decision to the applicant:

(i) except where subparagraph (ii) applies--by one of the methods

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specified in section 379A; or

(ii) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person; and

(b) the applicant must pay the fee within 14 days after receiving the notice; and

(c) if the applicant does not do so, the review application does not comply, and is taken never to have complied, with the requirements of this section.

347 Time limit for making application Reviewable general visa decisions

(1) An application for review of a reviewable general visa decision must be given to the Tribunal within the period prescribed for the purposes of this subsection in respect of the decision.

(2) If the decision is covered by subsection 338(2), (3), (4) or (7A), the period prescribed must end not later than 28 days after the day on which the applicant receives notice of the decision that complies with section 340.

(3) If the decision is covered by subsection 338(5), (6), (7) or (8), the period prescribed must end not later than 70 days after the day on which the applicant receives notice of the decision that complies with section 340.

Note: This section does not set limits for the periods prescribed for decisions covered by subsections 338(4A) and (9).

Reviewable protection visa decisions

(4) An application for review of a reviewable protection visa decision must be given to the Tribunal within the period prescribed for the purposes of this subsection. The period prescribed must end not later than 28 days after the day on which the applicant receives notice of the decision that complies with section 340.

Reviewable general character decisions and reviewable protection visa character decisions

(5) An application for review of a reviewable general character decision or a reviewable protection visa character decision must be given to the Tribunal not later than:

(a) if the decision relates to a person in the migration zone--9 days after the day on which the applicant receives:

(i) notice of the decision that complies with section 340; and

(ii) copies of documents relevant to the making of the decision in accordance with section 341;

or, if the applicant receives the notice and the copies on different days--the later of those days; or

(b) in any other case--28 days after the day on which the applicant receives notice of the decision that complies with section 340.

Reviewable deportation decisions

(6) An application for review of a reviewable deportation decision must be given to the Tribunal not later than 28 days after the day on which the applicant receives notice of the decision that complies with section 340.

Note: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.

347A Applicant may provide written arguments etc. (1) An applicant for review of a decision to which this Part applies may, at any time before the review ends, give the Tribunal one or more of the following:

(a) written statements about any matters of fact that the applicant wishes the Tribunal to consider in relation to the review;

(b) written arguments about issues arising in relation to the review;

(c) any document or thing that the applicant wishes the Tribunal to consider in relation to the review.

(2) The written statements, written arguments, documents or things must be given in accordance with directions under section 353A.

347B Secretary to be notified of application for review (1) If an application for review of a decision to which this Part applies is made to the Tribunal, the Chief Executive Officer must give the Secretary notice of the application in accordance with directions under section 353A.

(2) If the application is for the review of:

(a) a reviewable general character decision; or

(b) a reviewable protection visa character decision;

that relates to a person in the migration zone, directions under section 353A must specify the period within which, and the manner in which, notice of the application must be given under subsection (1).


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347C Secretary to provide statement and documents (1) If the Secretary is given notice of an application for review of a decision to which this Part applies (other than a decision mentioned in paragraph (3)(a)), the Secretary must give the Chief Executive Officer:

(a) a statement about the decision that:

(i) sets out the findings of fact made by the person who made the decision; and

(ii) refers to the evidence on which those findings were based; and

(iii) gives the reasons for the decision; and

(b) each other document, or part of a document, that:

(i) is in the Secretary's possession or control; and

(ii) is considered by the Secretary to be relevant to the review of the decision.

(2) The Secretary must give the statement and the documents, or parts of documents:

(a) in the manner and form specified in directions under section 353A; and

(b) within the time specified in directions under section 353A.

(3) If:

(a) the Secretary is given notice of an application for review of:

(i) a reviewable general character decision; or

(ii) a reviewable protection visa character decision;

that relates to a person in the migration zone; and

(b) the Secretary has documents, or parts of documents, that:

(i) he or she considers to be relevant to the review of the decision; and

(ii) contain non-disclosable information;

the Secretary must give the documents, or parts of documents, to the Chief Executive Officer:

(c) within 14 working days after he or she receives notice of the application; and

(d) in the manner and form specified in directions under section 353A.

Note: An application for review of a reviewable general character decision or a reviewable protection visa character decision, that relates to a person in the migration zone, must be accompanied by the notice (or a copy) of the decision given to the applicant under section 501G and one set of the documents given to the person under section 341: see subsection 346(2).

347D Secretary may provide written arguments etc. (1) The Secretary may, at any time before the review of a decision to which this Part applies ends, give the Tribunal one or more of the following:

(a) written statements about any matters of fact that the Secretary wishes the Tribunal to consider in relation to the review;

(b) written arguments about issues arising in relation to the review;

(c) any document or thing that the Secretary wishes the Tribunal to consider in relation to the review.

(2) The Secretary must give the written statements, written arguments, documents or things in accordance with directions under section 353A.

91 Subsection 348(1)

Omit "an application is properly made under section 347 for review of an MRT-reviewable decision", substitute "an application for review of a decision to which this Part applies complies with the requirements of sections 344, 346, 346A and 347".

Note: The heading to section 348 is altered by omitting "Migration Review".

92 After subsection 348(1)

Insert:

(1A) If an application for review of a decision to which this Part applies does not comply with the requirements of sections 344, 346, 346A and 347, the Tribunal must not review the decision.

93 After section 348

Insert:

348A When certain reviews can begin If:

(a) an application for review of a reviewable general character decision or a reviewable protection visa character decision is made to the Tribunal; and

(b) the decision relates to a person in the migration zone;

the Tribunal must not begin to review the decision until at least 14 days after the Secretary receives notice that the application has been made.

94 Subsection 349(1)

Omit "an MRT-reviewable decision", substitute "a decision to which this Part applies".

Note: The heading to section 349 is altered by omitting "Migration Review".

95 Subsection 349(2)

Repeal the subsection, substitute:

(2) If the decision is not a decision that is prescribed for the purposes of

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subsection (2A), the Tribunal may:

(a) affirm the decision; or

(b) set the decision aside and:

(i) make a decision in substitution for the decision so set aside; or

(ii) remit the matter for reconsideration in accordance with any directions or recommendations of the Tribunal.

(2A) If the decision is a decision that is prescribed for the purposes of this subsection, the Tribunal may:

(a) affirm the decision; or

(b) set the decision aside and remit the matter for reconsideration in accordance with any directions or recommendations of the Tribunal that are permitted by regulations made for the purposes of this paragraph.

(2B) To avoid doubt, the Tribunal may affirm a decision under paragraph (2)(a) or (2A)(a) for reasons other than the reasons given for the decision under section 339A or another provision of this Act or the regulations.

96 Subsection 351(1)

After "under section 349", insert:

made on review of:

(a) a reviewable general visa decision; or

(b) a reviewable protection visa decision;

97 Paragraph 351(5)(b)

Repeal the paragraph, substitute:

(b) any information that may identify the applicant; or

(c) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned--the name of that other person or any information that may identify that other person.

98 Section 352

Repeal the section, substitute:

352 Applicant may withdraw application and end review (1) If an application for review of a decision to which this Part applies has been made to the Tribunal, the applicant may, by giving the Tribunal written notice in accordance with any directions under section 353A, withdraw the application at any time.

(2) If the application is withdrawn:

(a) the review of the decision ends; and

(b) the Tribunal must notify the Secretary, by one of the methods specified in section 379B, of the withdrawal of the application and of the ending of the review.

99 Section 353

Repeal the section, substitute:

353 Tribunal's way of operating In carrying out its functions under this Part, the Tribunal:

(a) is to act with as little formality and technicality as a proper consideration of the matters before it permits; and

(b) is not bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks appropriate; and

(c) must comply with directions under section 353A.

100 Subsection 353A(1)

Omit "The Principal Member", substitute "Subject to subsection (1A), the Minister, the President or the IRD executive member".

Note: The heading to section 353A is altered by omitting "Principal Member" and substituting "Minister, President and IRD executive member".

101 Paragraphs 353A(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) the conduct of reviews of decisions to which this Part applies; and

(b) the allocation of the work of the Tribunal in relation to such reviews; and

(c) the number of members who are to constitute the Tribunal for particular reviews of decisions to which this Part applies and the expertise of those members; and

(d) priorities for reviewing decisions to which this Part applies; and

(e) any other aspect of the operation of the Tribunal that relates to reviews of decisions to which this Part applies; and

(f) any matter that is permitted or required by any provision of this Act or the regulations to be dealt with in the directions.

102 After subsection 353A(1)

Insert:

(1A) The Minister must not give a direction under subsection (1) in relation to a particular review.

103 Subsection 353A(2)

Omit "In particular, the directions", substitute "The directions".

104 After subsection 353A(2)

Insert:


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(2A) Directions given by the Minister prevail over directions given by the President or by the IRD executive member, to the extent of any inconsistency. Directions given by the President prevail over directions given by the IRD executive member, to the extent of any inconsistency.

105 Subsections 353A(3) and (4)

Repeal the subsections, substitute:

(3) If, in the review of a decision to which this Part applies, the Tribunal fails to comply with a direction under this section, the decision:

(a) is not invalid by reason of that failure; and

(b) in spite of subsection 476(1), but subject to subsection (4) of this section, is not reviewable under Part 8 by reason of that failure.

(4) Paragraph (3)(b) does not apply to a direction under this section that is:

(a) covered by one of the following provisions:

(i) subsection 360(2);

(ii) subsection 360B(4);

(iii) subsection 361(3);

(iv) subsection 361A(4);

(v) paragraph 366A(2)(b);

(vi) subsection 366A(3);

(vii) subsection 366B(1);

(viii) section 366D; or

(b) prescribed for the purposes of this paragraph.

(5) In spite of paragraph 3(d) of the Administrative Review Tribunal Act 2000, directions under this section may provide for the review of a decision to which this Part applies to be conducted in an adversarial way.

106 After section 353A

Insert:

353B Tribunal may determine its own practice and procedure (1) Subject to this section, the Tribunal may determine its own practice and procedure for the conduct of a review.

(2) The Tribunal must not make a determination under this section that is inconsistent with this Act, the regulations or directions under section 353A.

107 Subsection 354(1)

Omit "a particular review, the Tribunal shall be constituted, in accordance with a direction under subsection (2)", substitute "the review of a decision to which this Part applies, the Tribunal is to be constituted, in accordance with directions under section 353A".

108 At the end of paragraph 354(1)(a)

Add "or".

109 Paragraph 354(1)(c)

Repeal the paragraph, substitute:

(c) 3 members;

who, except in the case of a member who is the President, are IRD members.

110 Subsection 354(2)

Omit "The Principal Member, or a Senior Member acting in accordance with guidelines under subsection (3),", substitute "The President or the IRD executive member, acting in accordance with directions under section 353A,".

111 Subsection 354(2)

Omit "a particular", substitute "the".

112 Subsection 354(3)

Repeal the subsection, substitute:

(3) Subject to directions under section 353A, the President or the IRD executive member is to direct that 2 or 3 members are to review the decision only if the President or the IRD executive member, as the case may be, considers that it is appropriate to do so:

(a) because the review raises a principle, or issue, of general significance; or

(b) because one or more of the members have particular expertise of relevance; or

(c) to provide developmental experience for one or more IRD members.

113 Subsection 355(1)

Omit "a particular review", substitute "the review of a decision to which this Part applies".

114 Subsection 355(2)

Omit "Principal Member shall direct another member or members", substitute "President or IRD executive member must, in writing, direct one or more other IRD members".

115 Subsection 355(3)

Omit "Principal Member shall either", substitute "President or IRD executive member must, in writing,".

116 Paragraph 355(3)(b)

Omit "another member or members", insert "one or more other IRD members".

117 Subsection 355(4)

Omit "shall", substitute "must".

118 Subsection 355(4)


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Omit "of the proceedings".

119 Subsection 355(5)

Repeal the subsection.

120 Subsections 355A(1) and (2)

Repeal the subsections, substitute:

(1) If the President or IRD executive member thinks that the Tribunal, as constituted for the purposes of the review of a decision to which this Part applies, should be reconstituted:

(a) for the purposes of ensuring that the review is fair, just, economical, informal and quick; or

(b) because he or she is satisfied that a member, or members, of the Tribunal have not complied with a direction under section 353A in relation to the review;

he or she may direct in writing that the Tribunal be reconstituted by either or both of the following:

(c) removing one or more members; or

(d) adding one or more IRD members.

(2) To avoid doubt, the President or IRD executive member may direct that the Tribunal be reconstituted under subsection (1) whether or not the Tribunal has previously been reconstituted under that subsection or under section 355.

Note: The heading to section 355A is altered by omitting "efficient conduct of review", substituting "other reasons".

121 Subsection 355A(3)

Omit "under this section is given", substitute "is given under subsection (1)".

122 Subsection 355A(3)

Omit "of the proceedings".

123 After section 355A

Insert:

355B Compliance with directions about constitution of Tribunal Members must comply with any directions under section 354, 355 or 355A.

124 Subsection 356(1)

Omit "a review", substitute "the review of a decision to which this Part applies".

125 Subsection 356(1)

Omit "shall", substitute "must".

126 Subsection 356(2)

Omit "a review", substitute "the review of a decision to which this Part applies".

127 Subsection 356(2)

Omit "shall", substitute "must".

128 Subsection 357(1)

Omit "a review by the Tribunal", substitute "the review of a decision to which this Part applies".

129 Subsection 357(2)

Omit "Principal Member is", substitute "President is".

130 Subsection 357(2)

Omit "Principal Member shall", substitute "President is to".

131 Subsection 357(3)

Repeal the subsection, substitute:

(3) If:

(a) the IRD executive member is one of the members of the Tribunal as constituted for the purpose of the review; and

(b) the President is not one of the members of the Tribunal as constituted for the purpose of the review;

the IRD executive member is to preside at the review.

(3A) If:

(a) a senior member is the only senior member of the Tribunal as constituted for the purpose of the review; and

(b) neither the President nor the IRD executive member is a member of the Tribunal as constituted for the purpose of the review;

the senior member is to preside at the review.

132 Subsection 357(4)

Omit "neither subsection (2) nor (3) applies, the Principal Member shall", substitute "none of subsections (2), (3) and (3A) applies, the President or IRD executive member must".

133 Section 358

Repeal the section.

134 Subsection 359(1)

After "conducting the review", insert "of a decision to which this Part applies".

Note: The heading to section 359 is altered by omitting "seek additional" and substituting "get any relevant".

135 Subsection 359(2)

Omit "invite a person to give additional", substitute ", in writing, invite any person to give".

136 Subsections 359(3) and (4)


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Repeal the subsections, substitute:

(3) If an invitation is given to a person other than the Secretary, the invitation must:

(a) be given:

(i) except where subparagraph (ii) applies--by one of the methods specified in section 379A; or

(ii) if the invitation is given to an applicant in immigration detention--by a method prescribed for the purposes of giving documents to such a person; and

(b) contain a summary of the effect of section 362C.

(4) If an invitation is given to the Secretary, the invitation must be given by one of the methods specified in section 379B.

137 Subsection 359A(1)

Omit "subsection (2)", substitute "sections 375A and 376".

138 Subsections 359A(2) and (3)

Repeal the subsections, substitute:

(2) The information and invitation must be given to the applicant:

(a) except where paragraph (b) applies--by one of the methods specified in section 379A; or

(b) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person.

139 Paragraphs 359A(4)(b) and (c)

Repeal the paragraphs, substitute:

(b) that has already been given to:

(i) the applicant; or

(ii) if the decision relates to a person other than the applicant--that other person; or

(c) that has been provided:

(i) by the applicant (the review applicant) in connection with his or her application; or

(ii) if the decision relates to an application for a visa made by a person other than the review applicant--by that other person in connection with that visa application.

140 Subsection 359B(1)

Omit "additional" (wherever occurring).

Note: The heading to section 359B is altered by omitting "additional".

141 Subsection 359B(2)

Omit "additional".

142 Subsection 359B(2)

Omit "being a prescribed period or, if no period is prescribed, a reasonable period", substitute "being a period specified in accordance with directions under section 353A".

143 Paragraph 359B(3)(b)

Omit "prescribed period or, if no period is prescribed, a reasonable period", substitute "period specified in accordance with directions under section 353A".

144 Subsection 359B(4)

Omit "within a prescribed period", substitute "within a specified period".

145 Subsection 359B(4)

Omit "prescribed further period", substitute "further period or periods in accordance with directions under section 353A".

146 Subsection 359B(5)

Omit "within a prescribed period", substitute "within a specified period".

147 Paragraph 359B(5)(b)

Omit "for a prescribed further period", substitute "in accordance with directions under section 353A".

148 Sections 359C, 360, 360A, 361 and 362

Repeal the sections, substitute:

359C Tribunal may require documents about certain character decisions If:

(a) an application for review of a reviewable general character decision or a reviewable protection visa character decision is made to the Tribunal; and

(b) the decision relates to a person in the migration zone; and

(c) the Tribunal is of the opinion that particular documents, or documents included in a particular class of documents, may be relevant to the Tribunal's review of the decision;

then:

(d) the Tribunal may give the Secretary a notice in writing:

(i) stating that the Tribunal is of that opinion; and

(ii) requiring the Secretary to give the Tribunal, within the period specified in the notice, 2 copies of each of those documents that is in the Secretary's possession or under the Secretary's control; and

(e) the Secretary must comply with the notice.

360 Tribunal must consider review on the papers (1) If:

(a) an application is made for review of a decision to which this Part

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applies; and

(b) the Secretary has given the Tribunal any documents required under section 347C or 359C in relation to the review; and

(c) if an invitation has been given to a person under section 359 in relation to the review--the period within which the person was to respond to the invitation has expired; and

(d) if an invitation has been given to the applicant under section 359A--the period within which the applicant was to respond to the invitation has expired;

the Tribunal must consider whether the review should be conducted:

(e) without the applicant or any other person being permitted to appear before the Tribunal; and

(f) without any person being summoned before the Tribunal to give evidence.

(2) Directions under section 353A may specify decisions that must not be reviewed in the manner mentioned in paragraphs (1)(e) and (f).

360A Review on the papers--deciding in the applicant's favour without further submissions from the applicant (1) This section applies if, in considering whether the review should be conducted in the manner mentioned in paragraphs 360(1)(e) and (f), the Tribunal considers that, on the basis of the material before it at the time, it should decide the review in the applicant's favour.

Directions under section 353A may provide for the Secretary to be given notice that this section applies

(2) Directions under section 353A may provide that, in relation to a particular review, the Tribunal must do either or both of the following:

(a) give the Secretary written notice that the Tribunal considers that the review should be decided as mentioned in subsection (1);

(b) invite the Secretary to give the Tribunal written submissions about whether the review should be conducted in that manner.

(3) Such notice or invitation must be given to the Secretary by one of the methods specified in section 379B.

(4) Any written submissions given to the Tribunal by the Secretary in response to an invitation must be given within the time, and in the manner and form, specified in the invitation in accordance with directions under section 353A.

Tribunal may decide review under this section

(5) If the Tribunal has:

(a) complied with any relevant directions under section 353A; and

(b) taken into account any written submissions given to the Tribunal by the Secretary on invitation as mentioned in paragraph (2)(b);

the Tribunal may decide the review as mentioned in subsection (1).

360B Notice of review on the papers Notice to applicant

(1) If the Tribunal:

(a) does not decide the review under section 360A; and

(b) considers that the review should be conducted in the manner mentioned in paragraphs 360(1)(e) and (f);

the Tribunal must give notice in writing to the applicant:

(c) stating that it intends to so conduct the review; and

(d) inviting the applicant to give the Tribunal:

(i) written submissions about whether the review should be conducted in that manner; and

(ii) written statements about any matters of fact that the applicant wishes the Tribunal to consider in relation to the review; and

(iii) written arguments about issues arising in relation to the review; and

(iv) any document or thing that the applicant wishes the Tribunal to consider in relation to the review; and

(e) stating the period, specified in directions under section 353A, within which any such written submissions, written statements, written arguments, documents or things must be given to the Tribunal; and

(f) stating any requirements specified in directions under section 353A as to the manner or form in which those written submissions, written statements, written arguments, documents or things must be given to the Tribunal.

(2) The notice must be given:

(a) except where paragraph (b) applies--by one of the methods specified in section 379A; or

(b) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person.

(3) The notice under subsection (1) may be given in a single document or in 2 or more documents that are given to the applicant together.

Directions under section 353A may provide for notice to Secretary

(4) Directions under section 353A may provide that, in the case of a particular review, the Tribunal must do either or both of the following:

(a) give the Secretary written notice that the Tribunal considers that the review should be conducted as mentioned in paragraphs 360(1)(e) and (f);


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(b) invite the Secretary to give the Tribunal written submissions about whether the review should be conducted in that manner.

(5) The notice or invitation must be given to the Secretary by one of the methods specified in section 379B.

(6) Written submissions given to the Tribunal by the Secretary in response to an invitation must be given within the time, and in the manner and form, specified in directions under section 353A.

360C Review on the papers If the Tribunal:

(a) has taken into account any written submissions, written statements, written arguments, documents or things given to the Tribunal by the applicant on invitation as mentioned in subsection 360B(1); and

(b) has taken into account any written submissions given to the Tribunal by the Secretary on invitation as mentioned in paragraph 360B(4)(b); and

(c) has complied with any relevant directions under section 353A;

the Tribunal may, if it still considers that the review should be conducted as mentioned in paragraphs 360(1)(e) and (f), so conduct the review.

361 Appearing before the Tribunal Tribunal may permit person to appear

(1) At any stage in the review of a decision to which this Part applies, the Tribunal may permit a person to appear before the Tribunal and, subject to subsection (2), do any one or more of the following in relation to the review:

(a) give evidence;

(b) make statements;

(c) present arguments;

(d) answer questions put by the Tribunal or another person appearing before the Tribunal;

(e) ask questions of the Tribunal or another person giving evidence to the Tribunal.

Tribunal's control over persons appearing

(2) The Tribunal may:

(a) impose conditions on the person appearing or doing any of the one or more things; and

(b) at any time withdraw its permission to appear or do any of the one or more things; and

(c) direct the person as to the manner in which the person is to do any of the one or more things.

Directions under section 353A may limit Tribunal's discretion

(3) Directions under section 353A may provide that, in particular circumstances:

(a) a specified person or persons must be permitted to appear before the Tribunal to do one or more of the things mentioned in subsection (1); or

(b) the Tribunal cannot do particular things otherwise permitted by subsection (2);

or both.

361A Notice of permission to appear Notice to applicant

(1) If, in accordance with section 361, the Tribunal permits an applicant to appear before the Tribunal, it must give notice in writing to the applicant:

(a) stating that the applicant is permitted to appear before the Tribunal to do one or more of the things mentioned in subsection 361(1); and

(b) stating the day on which, and the time and place at which, the applicant is permitted to appear; and

(c) inviting the applicant to give the Tribunal:

(i) written statements about any matters of fact that the applicant wishes the Tribunal to consider in relation to the review; and

(ii) written arguments about issues arising in relation to the review; and

(iii) any document or thing that the applicant wishes the Tribunal to consider in relation to the review; and

(d) stating the period specified in directions under section 353A within which any such written statements, written arguments, documents or things must be given to the Tribunal; and

(e) stating any requirements specified in directions under section 353A as to the manner or form in which those written statements, written arguments, documents or things must be given to the Tribunal; and

(f) summarising the effect of sections 361B, 362B and 374.

(2) The notice must be given:

(a) except where paragraph (b) applies--by one of the methods specified in section 379A; or

(b) if the applicant is in immigration detention--by a method prescribed for

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the purposes of giving documents to such a person.

(3) The time specified under paragraph (1)(b) must be after the end of the period in paragraph (1)(d).

Directions under section 353A may provide for notice to Secretary

(4) Directions under section 353A may provide that, in particular circumstances, before the applicant appears before the Tribunal, the Tribunal must do either or both of the following:

(a) give the Secretary written notice that the Tribunal has permitted the applicant to appear before the Tribunal in the review;

(b) invite the Secretary:

(i) to appear before the Tribunal in the review; or

(ii) to give the Tribunal written submissions about whether the Secretary should be permitted to appear before the Tribunal in the review.

(5) Any such notice or invitation must be given to the Secretary by one of the methods specified in section 379B.

(6) Written submissions given to the Tribunal by the Secretary in response to an invitation must be given within the time, and in the manner and form, specified in directions under section 353A.

361B Applicant may request Tribunal to call witnesses etc. (1) The applicant may, within 7 days after receiving a notice under section 361A, give the Tribunal written notice that he or she wants the Tribunal to obtain:

(a) oral evidence from a person or persons named in the notice; or

(b) written evidence from a person or persons named in the notice; or

(c) other written material relevant to the review.

(2) If the Tribunal is given notice under subsection (1), the Tribunal must have regard to the notice but is not required to comply with it.

(3) To avoid doubt, nothing in this Division requires the Tribunal to adjourn the review or to delay making a decision so that the Tribunal may obtain evidence (oral or otherwise) from any person.

362 Only new information to be considered in reviews of reviewable protection visa decisions If a non-citizen who has made:

(a) an application for review of a reviewable protection visa decision that has been decided by the Tribunal; or

(b) applications for reviews of reviewable protection visa decisions that have been decided by the Tribunal;

makes a further application for review of a reviewable protection visa decision, the Tribunal, in considering the further application:

(c) is not required to consider any information considered in the earlier application or an earlier application; and

(d) may have regard to, and take to be correct, any decision that the Tribunal made about or because of that information.

149 Subsection 362A(1)

Omit "subsections (2) and (3) of".

Note: The heading to section 362A is replaced by the heading "Access to documents and information--reviewable general visa decisions".

150 Subsection 362A(1)

Omit "assistant under section 366A", substitute "authorised review assistant".

151 Subsection 362A(1)

Omit "written material, or a copy of any written material,", substitute "document or information".

152 Subsection 362A(1)

After "the review", insert "of a reviewable general visa decision".

153 Subsection 362A(2)

Omit "This", substitute "Subject to subsection (2A), this".

154 After subsection 362A(2)

Insert:

(2A) If the applicant is a person other than the person to whom the decision relates, the applicant is entitled to have access to any documents or information that the person to whom the decision relates would have been entitled to have access to under subsection (1) if that person were the applicant.

155 Subsection 362A(3)

Repeal the subsection, substitute:

(3) This section does not apply if:

(a) the Tribunal has given its decision on the review under section 367; or

(b) the Tribunal has ended the review without making a decision on the review; or

(c) the review has ended because the applicant has withdrawn his or her application.

156 At the end of section 362A

Add:

(4) In this section:

authorised review assistant means a person authorised to act on

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behalf of the applicant concerned in connection with the review of a decision to which this Part applies.

157 Subsection 362B(1)

Omit "If the applicant", substitute "If an applicant".

158 Paragraph 362B(1)(a)

Omit "is invited under section 360 to appear before the Tribunal", substitute "is given notice of permission to appear before the Tribunal under section 361A".

159 Subsection 362B(1)

Omit all the words after paragraph (b), substitute:

the Tribunal may:

(c) end the review without making a decision on the review; or

(d) make a decision on the review without taking any further action to allow or enable the applicant to appear before it.

160 After section 362B

Insert:

362C Failure to respond to invitation to give information or comments (1) If, in the review of a decision to which this Part applies, a person, other than the applicant:

(a) is invited under section 359 to give information; and

(b) does not give the information before the time for giving it has passed;

the Tribunal may make a decision on the review without taking any further action to obtain the information.

(2) If, in the review of a decision to which this Part applies, the applicant:

(a) is invited under section 359 to give information; and

(b) does not give the information before the time for giving it has passed;

the Tribunal may:

(c) end the review without making a decision on the review; or

(d) make a decision on the review without taking any further action to obtain the information.

(3) If, in the review of a decision to which this Part applies, the applicant:

(a) is invited under section 359A to comment on information; and

(b) does not comment before the time for commenting has passed;

the Tribunal may:

(c) end the review without making a decision on the review; or

(d) make a decision on the review without taking any further action to obtain the applicant's comments on the information.

362D Failure by applicant to comply with directions If, in the review of a decision to which this Part applies, the applicant fails to comply with:

(a) any direction given, or condition or obligation imposed, by the Tribunal under subsection 361(2); or

(b) any direction under section 353A;

in relation to the review, the Tribunal may end the review without making a decision on the review.

362E Notice to be given if Tribunal ends review without making a decision on the review (1) If the Tribunal ends the review of a decision to which this Part applies without making a decision on the review, the Tribunal must give written notice to the applicant and the Secretary that the review has so ended.

(2) The Tribunal must do so within 14 days after the Tribunal ends the review.

(3) The notice to the applicant must:

(a) be given:

(i) except where subparagraph (ii) applies--by one of the methods specified in section 379A; or

(ii) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person; and

(b) contain a summary of the effect of section 362F.

(4) The notice to the Secretary must be given by one of the methods specified in section 379B.

362F Reinstatement of review (1) If the Tribunal ends the review of a decision to which this Part applies without making a decision on the review, the applicant may, within 14 days of receiving notice under section 362E that the review has ended, apply to the Tribunal for reinstatement of the review.

(2) If such an application is made, the Tribunal may, subject to directions under section 353A, reinstate the review and give such directions as it thinks appropriate in relation to the conduct of the review as a consequence of the reinstatement.

(3) If the Tribunal reinstates the review under subsection (2), the

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Tribunal must give the applicant and the Secretary written notice of the reinstatement:

(a) within the period specified in directions under section 353A; and

(b) in the case of the notice to the applicant:

(i) except where subparagraph (ii) applies--by one of the methods specified in section 379A; or

(ii) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person; and

(c) in the case of the notice to the Secretary--by one of the methods specified in section 379B.

(4) To avoid doubt:

(a) the Tribunal must not reinstate the review unless the application is made within the 14 days mentioned in subsection (1); and

(b) if the Tribunal does not reinstate the review, the Tribunal's failure to do so is a decision under this Part for the purposes of paragraph 475(1)(a).

161 Sections 363 and 363A

Repeal the sections, substitute:

363 Evidence on oath or affirmation etc. (1) For the purpose of the review of a decision to which this Part applies, the Tribunal may do one or more of the following:

(a) take evidence on oath or affirmation;

(b) adjourn the review from time to time;

(c) subject to sections 375A and 376, give information to the applicant;

(d) give information to the Secretary.

(2) The oath is to be taken, or the affirmation is to be made, in accordance with directions under section 353A.

(3) For the purpose of the review of:

(a) a reviewable general visa decision; or

(b) a reviewable protection visa decision;

the Tribunal may require the Secretary to arrange for the making of any investigation, or any medical examination, that the Tribunal thinks necessary with respect to the review, and to give to the Tribunal a report of that investigation or examination.

162 Paragraph 364(1)(c)

Omit "Minister", substitute "President or IRD executive member".

163 Subsection 364(4)

Omit "shall", substitute "must".

164 Subsection 364(5)

Omit "shall, for the purposes of section 360, be taken to have given the applicant an opportunity", substitute "is taken to have permitted the applicant".

165 After section 364

Insert:

364A Tribunal may summon a person (1) For the purpose of the review of a decision to which this Part applies, the Tribunal may do one or more of the following:

(a) summon a person to appear before the Tribunal to give evidence;

(b) summon a person to produce to the Tribunal documents or things that are:

(i) in the possession or under the control of the person; and

(ii) identified in the summons;

(c) require a person appearing before the Tribunal to give evidence to take an oath or make an affirmation;

(d) administer an oath or affirmation to a person so appearing.

(2) However, the Tribunal must not summon a person under subsection (1) unless the person is in Australia.

(3) If the Tribunal summons a person under subsection (1), it must do so in accordance with any requirements prescribed for the purposes of this subsection.

364B Review of protection visa decisions to be in private The review of the following decisions must take place in private:

(a) a reviewable protection visa decision;

(b) a reviewable protection visa character decision.

166 Subsection 365(1)

Repeal the subsection, substitute:

(1) This section applies to the review of a decision to which this Part applies, other than:

(a) a reviewable protection visa decision; or

(b) a reviewable protection visa character decision.

(1A) Subject to subsections (2), (2A) and (3), if a person appears before the Tribunal in the review, that part of the review is to take place in public.

Note: The heading to section 365 is altered by inserting "of other decisions" after "Review".


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167 After subsection 365(2)

Insert:

(2A) In circumstances specified in directions under section 353A, the Tribunal must direct that oral evidence is to be taken in private.

168 Subsection 365(4)

Omit "subsection (2) or (3), it may", substitute "subsection (2), (2A) or (3), it may, in accordance with directions under section 353A,".

169 Subsection 366(1)

Omit "review of a decision, the Tribunal may allow", substitute "review of a decision to which this Part applies, the Tribunal may direct that".

170 Subsection 366(1)

After "other person,", insert "is".

171 Subsection 366(2)

After "when a", insert "part of a".

172 Subsection 366A(2)

Omit "unless the Tribunal is satisfied that, because of exceptional circumstances, the assistant should be allowed to do so.", substitute:

unless:

(a) the Tribunal is satisfied that, because of exceptional circumstances, the assistant should be allowed to do so; or

(b) directions under section 353A provide that the assistant should be allowed to do so.

Note: The heading to section 366A is replaced by the heading "Representation and other assistance--applicants".

173 Subsection 366A(3)

Omit "Except as provided in this section, the", substitute "The".

174 At the end of subsection 366A(3)

Add "unless directions under section 353A provide otherwise".

175 Subsection 366B(1)

Repeal the subsection, substitute:

(1) A person, other than the applicant, is not entitled, while appearing before the Tribunal in the review of a decision to which this Part applies, to:

(a) have another person present to assist him or her; or

(b) be represented by another person;

unless directions under section 353A provide otherwise.

Note: The heading to section 366B is replaced by the heading "Representation and other assistance--persons other than the applicant".

176 Subsections 366C(1) and (3)

After "to give evidence", insert "in the review of a decision to which this Part applies".

177 At the end of section 366D

Add "in the review of a decision to which this Part applies, unless directions under section 353A provide otherwise".

Note: The heading to section 366D is altered by omitting "not permitted".

178 Section 367

Repeal the section.

179 Sections 368 to 369

Repeal the sections, substitute:

366E Certain decisions must be given within prescribed periods Decisions covered by subsection 338(4)

(1) If the Tribunal reviews a decision covered by subsection 338(4), the Tribunal must give its decision on the review within the period prescribed for the purposes of this subsection.

Decisions prescribed by the regulations

(2) If the Tribunal reviews a decision (other than a decision covered by subsection 338(4)) that is prescribed for the purposes of this subsection, the Tribunal must give its decision on the review within the period prescribed for the purposes of this subsection.

Period extended with applicant's agreement

(3) If the applicant concerned agrees, the Tribunal may extend the period mentioned in subsection (1) or (2).

367 Tribunal may give decision orally or in writing (1) The Tribunal may give its decision on the review of a decision to which this Part applies either:

(a) orally, subject to subsections (2) and (3); or

(b) in writing.

The decision must be given in accordance with directions under section 353A.

Conditions on oral giving

(2) The Tribunal must not give its decision orally unless:

(a) the applicant, or a representative of the applicant, is present when the decision is given; or


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(b) the decision is communicated to the applicant or a representative of the applicant, at the time it is given, by:

(i) telephone; or

(ii) closed-circuit television; or

(iii) any other means of communication specified in directions under section 353A.

(3) The Tribunal must not give its decision orally on the review of a reviewable protection visa decision or a reviewable protection visa character decision unless the decision is given in private.

368 Copy of written decision must be given to the applicant (1) If the Tribunal gives a decision in writing under section 367, the Tribunal must give a copy of the decision to the applicant:

(a) except where paragraph (b) applies--by one of the methods specified in section 379A; or

(b) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person.

When copy must be given to applicant

(2) Unless subsection (3) applies, the copy of the decision must be given to the applicant within the period specified in directions under section 353A.

(3) If the Tribunal gives its decision in writing on review of a decision covered by subsection 338(4), the copy of the decision must be given to the applicant within the period prescribed for the purposes of this subsection.

(4) If the applicant concerned agrees, the Tribunal may extend the period mentioned in subsection (2) or (3).

368A Statement setting out decision, reasons etc. (1) After giving a decision on review under section 367, the Tribunal must, subject to paragraphs 375A(2)(b) and 376(3)(b), prepare a written statement that:

(a) sets out the decision; and

(b) sets out the reasons for the decision; and

(c) sets out the findings on any material questions of fact in relation to the decision; and

(d) refers to the evidence or any other material on which the findings of fact were based.

(2) The Tribunal must:

(a) give a copy of the statement to the applicant and to the Secretary within 14 days of the Tribunal giving the decision under section 367; and

(b) return to the Secretary any document, part of a document or thing that the Secretary has provided in relation to the review; and

(c) give the Secretary a copy of any other document that contains evidence or material on which the findings of fact were based.

(3) The Tribunal must give a copy of the statement:

(a) to the applicant:

(i) except where subparagraph (ii) applies--by one of the methods specified in section 379A; or

(ii) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person; and

(b) to the Secretary, by one of the methods specified in section 379B.

368B Tribunal may correct statement of decision (1) If, after the Tribunal has prepared a statement under subsection 368A(1), the Tribunal is satisfied that there is an obvious error in the statement, the Tribunal may alter the text of the statement to correct the error.

(2) If the Tribunal alters the text of a statement, the Tribunal must give a copy of the statement as altered:

(a) to the applicant concerned:

(i) except where subparagraph (ii) applies--by one of the methods specified in section 379A; or

(ii) if the applicant is in immigration detention--by a method prescribed for the purposes of giving documents to such a person; and

(b) to the Secretary, by one of the methods specified in section 379B.

(3) The powers of the Tribunal under this section may be exercised by the President, the IRD executive member or the member who presided at the review to which the statement relates.

(4) If the Tribunal alters the text of a statement:

(a) the text as altered is taken to be the statement; and

(b) for the purposes of paragraph 478(1)(b):

(i) the applicant is taken to have received a copy of the statement at the time at which he or she receives the copy of the text as altered; and

(ii) the Secretary is taken to have received a copy of the statement at the time at which he or she receives the copy of the text as altered.

Note 1: Paragraph 478(1)(b) allows 28 days after the applicant receives the statement for lodging an application to the Federal Court for review of a decision under this Part.


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Note 2: If a person is given a document by a method specified in section 379A or 379B, he or she is taken to have received the document at the time specified in section 379C or 379D in respect of that method.

368C Tribunal taken to have affirmed certain character decisions If:

(a) an application for review of a reviewable general character decision or a reviewable protection visa character decision is made; and

(b) the decision relates to a person in the migration zone; and

(c) the Tribunal has not given a decision under section 367 on the review before the end of 84 days after the day on which the person receives:

(i) notice of the decision that complies with section 340; and

(ii) copies of documents relevant to the making of the decision in accordance with section 341;

or, if the person receives the notice and the copies on different days, the later of those days;

the Tribunal is taken to have given a decision under section 367 affirming the reviewable general character decision or the reviewable protection visa character decision, as the case may be.

369 Publishing of decisions (1) The Chief Executive Officer may, subject to directions under section 353A and any direction under section 378, publish any statement prepared under subsection 368A(1).

(2) However, the Chief Executive Officer must, if the statement relates to the review of a reviewable protection visa decision or a reviewable protection visa character decision, only publish a version of the statement that:

(a) does not identify the applicant or any relative or dependant of the applicant; and

(b) could not be used to identify the applicant or any relative or dependant of the applicant.

180 Division 7 of Part 5

Repeal the Division, substitute:

Division 7--Offences Note: The penalties stated at the foot of sections in this Division are maximum penalties: see section 4D of the Crimes Act 1914.

370 Failure to comply with summons Failure to give evidence

(1) A person summoned under this Part to appear before the Tribunal to give evidence must not refuse or fail to comply with the summons.

Penalty: 30 penalty units or imprisonment for 6 months.

Refusal to produce document etc.

(2) Subject to section 375, a person summoned under this Part to give the Tribunal a document or other thing must not refuse or fail to comply with the summons.

Penalty: 30 penalty units or imprisonment for 6 months.

(3) Subject to section 375, a person required under this Part to give the Tribunal a document or other thing must not refuse or fail to comply with the requirement.

Penalty: 30 penalty units or imprisonment for 6 months.

371 Refusal to be sworn or to answer questions Refusal to be sworn

(1) A person appearing before the Tribunal to give evidence, that is required to be given under this Part on oath or affirmation, must not refuse or fail to take an oath or make an affirmation.

Penalty: 30 penalty units or imprisonment for 6 months.

Refusal to answer questions

(2) Subject to section 375, a person appearing before the Tribunal to give evidence under this Part must not refuse or fail to answer a question that he or she is required by the Tribunal to answer.

Penalty: 30 penalty units or imprisonment for 6 months.

372 False or misleading evidence A person must not, under this Part, give the Tribunal evidence that the person knows to be false or misleading in a material particular.

Penalty: 60 penalty units or imprisonment for 12 months.


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372A Contempt of Tribunal
A person must not obstruct or hinder the Tribunal or a member in the exercise of powers or performance of functions under this Act.

Penalty: 60 penalty units or imprisonment for 12 months.

372B Disclosure of confidential information (1) This section applies to a person who is or has been:

(a) a member of the Tribunal; or

(b) a person acting as a member of the Tribunal; or

(c) the Chief Executive Officer, staff, or a consultant; or

(d) a person providing interpreting services in connection with a review by the Tribunal; or

(e) a person exercising powers under subsection 364(1).

(2) This section applies to information or a document if the information or document concerns a person and is obtained by a person to whom this section applies in the course of performing functions or exercising powers under this Act.

(3) A person to whom this section applies must not:

(a) make a record of any information to which this section applies; or

(b) divulge or communicate to any person any information to which this section applies;

unless the record is made or the information is divulged or communicated:

(c) for the purposes of this Act; or

(d) for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act.

Penalty: 120 penalty units or imprisonment for 2 years.

(4) Subsection (3) applies to the divulging or communicating of information whether directly or indirectly.

(5) A person to whom this section applies must not be required to produce any document, or to divulge or communicate any information, to which this section applies to or in:

(a) a court; or

(b) a tribunal; or

(c) any other authority or person (other than the Ombudsman) having power to require the production of documents or the answering of questions;

unless it is necessary for the purposes of giving effect to this Act.

(6) Nothing in this section affects a right that a person has under the Freedom of Information Act 1982.

(7) For the purposes of this section, a person who is providing interpreting services in connection with a review by the Tribunal is taken to be performing a function under this Act.

(8) In this section:

produce includes permit access to.

372C Contravention of publication direction A person must not refuse or fail to comply with any direction given by the Tribunal under subsection 378(1) that is applicable to the person.

Penalty: 120 penalty units or imprisonment for 2 years.

372D Application of Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Division.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

181 Sections 373 and 374

Repeal the sections, substitute:

373 Legal protection and liabilities of members and other persons Protection of members

(1) A member has, in performing his or her duties under this Part, the same protection and immunity as a Justice of the High Court.

Protection of person exercising powers under subsection 364(1)

(2) A person exercising powers under subsection 364(1) has, in the exercise of those powers, the same protection and immunity as a Justice of the High Court.

Protection and liabilities of participants etc.

(3) An applicant or other person involved in the review of a decision to which this Part applies has, when:

(a) appearing before, or giving documents or things to, the Tribunal; or

(b) appearing at an interview to respond to an invitation to give information under section 359 or comments under section 359A;

the same protection as a witness in a proceeding in the High Court and is, in addition to being subject to the penalties provided by this Act, subject to the same liabilities as a witness in a proceeding in the High Court.

Protection of representatives etc.


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(4) A person:

(a) appearing before the Tribunal to represent or otherwise assist an applicant or person involved in the review of a decision to which this Part applies; or

(b) appearing at an interview to represent or otherwise assist an applicant or other person in responding to an invitation to give information under section 359 or comments under section 359A;

has the same protection and immunity as a barrister has in appearing for a party in a proceeding in the High Court.

373A Applicants to bear their own costs An applicant for review of a decision to which this Part applies must bear his or her own costs.

374 Fees for witnesses Prescribed fees and allowances

(1) A person summoned under this Part to appear before the Tribunal to give evidence is entitled to be paid, for his or her attendance, any fees, and allowances for expenses, that may be prescribed for the purposes of this subsection.

Who must pay fees and allowances

(2) The fees and allowances must be paid:

(a) if the person was summoned at the request of an applicant--by the applicant; or

(b) in any other case--by the Commonwealth.

(3) The Tribunal may direct that the fees and allowances of a person referred to in paragraph (2)(a) be paid, in whole or in part, by the Commonwealth.

Witness may recover fees and allowances

(4) If the Tribunal does not give a direction under subsection (3), the fees and allowances payable by the applicant, as mentioned in paragraph (2)(a), are recoverable by the person mentioned in that paragraph as a debt due to the person by the applicant.

182 Section 375

Omit "the Secretary shall not," substitute "the Secretary must not, for the purposes of the review of a decision to which this Part applies,".

183 At the end of paragraph 375A(1)(b)

Add "for the purposes of the review of a decision to which this Part applies".

184 Subsection 376(2)

Omit "pursuant to a requirement of or under this Act", substitute "in relation to the review of a decision to which this Part applies".

185 Paragraph 376(2)(a)

Omit "shall", substitute "must".

186 Paragraph 376(3)(b)

Omit "or to any other person who has given oral or written evidence to the Tribunal".

187 At the end of section 376

Add:

(4) If, in relation to the review of:

(a) a reviewable protection visa decision; or

(b) a reviewable protection visa character decision;

the Tribunal discloses any matter to the applicant under subsection (3), the Tribunal must give a direction under section 378 in relation to the information.

188 Section 377

Repeal the section.

189 Subsection 378(1)

Omit "a review", substitute "the review of a decision to which this Part applies".

190 Subsection 378(1)

After "published" (wherever occurring), insert "or otherwise disclosed".

191 After subsection 378(1)

Insert:

(1A) To avoid doubt, if the Tribunal gives a direction under subsection (1), the Tribunal may at any time revoke or vary the direction or substitute another direction for the direction.

192 Subsection 378(2)

After "publication", insert "or disclosure".

193 Paragraph 378(2)(a)

Omit "section 368", substitute "section 368A".

194 Subsection 378(3)

Repeal the subsection.

195 After section 378

Insert:


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378A Delegations
(1) Subject to subsection (3), the President may, in writing, delegate all or any of his or her powers and functions under this Part to an IRD member, the Chief Executive Officer, staff or a consultant.

(2) Subject to subsection (3), the IRD executive member may, in writing, delegate all or any of his or her powers and functions under this Part to an IRD member, the Chief Executive Officer, staff or a consultant.

(3) Neither the President, nor the IRD executive member, may delegate his or her power to give directions under section 353A.

196 Subsection 379(1)

Omit "Sittings of the Tribunal shall", substitute "Reviews by the Tribunal of decisions to which this Part applies, are to".

Note: The heading to section 379 is replaced by the heading "Tribunal reviews".

197 Subsection 379(2)

Omit "The", substitute "For the purpose of reviews by the Tribunal of decisions to which this Part applies, the".

198 Subsection 379(2)

Omit "sit and".

199 Subsection 379(2)

Omit "sitting and".

200 Section 379A

Repeal the section.

201 Division 9 of Part 5

Repeal the Division, substitute:

Division 9--Giving and receiving review documents 379AA Giving documents by Tribunal where no requirement to do so by section 379A or 379B method If:

(a) a provision of this Act or the regulations requires or permits the Tribunal to give a document to a person; and

(b) the provision does not state that the document must be given:

(i) by one of the methods specified in section 379A or 379B; or

(ii) by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Tribunal may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).

Note: Under section 379G an applicant may give the Tribunal the name of an authorised recipient who is to receive documents on the applicant's behalf.

379A Methods by which Tribunal gives documents to a person other than the Secretary Coverage of section

(1) For the purposes of provisions of this Part that:

(a) require or permit the Tribunal to give a document to a person (the recipient); and

(b) state that the Tribunal must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

(2) One method consists of a member, staff or a consultant handing the document to the recipient.

Handing to a person at last residential or business address

(3) Another method consists of a member, staff or a consultant handing the document to another person who:

(a) is at the last residential or business address provided by the recipient in connection with the review; and

(b) appears to live there (in the case of a residential address) or work there (in the case of a business address); and

(c) appears to be at least 16 years of age.

Dispatch by prepaid post or by other prepaid means

(4) Another method consists of a member, staff or a consultant dating the document, and then dispatching it:

(a) within 3 working days (in the place of dispatch) of the date of the document; and

(b) by prepaid post or by other prepaid means; and

(c) to:

(i) the last address for service provided by the recipient in connection with the review; or

(ii) the last residential or business address provided by the recipient in connection with the review.

Transmission by fax, e-mail or other electronic means

(5) Another method consists of a member, staff or a consultant transmitting the document by:

(a) fax; or


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(b) e-mail; or

(c) other electronic means;

to the last fax number, e-mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review.

379B Methods by which Tribunal gives documents to the Secretary Coverage of section

(1) For the purposes of provisions of this Part that:

(a) require or permit the Tribunal to give a document to the Secretary; and

(b) state that the Tribunal must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

(2) One method consists of a member, staff or a consultant handing the document to the Secretary or to an authorised officer.

Dispatch by post or by other means

(3) Another method consists of a member, staff or a consultant dating the document, and then dispatching it:

(a) within 3 working days (in the place of dispatch) of the date of the document; and

(b) by post or by other means; and

(c) to an address, notified to the Tribunal in writing by the Secretary, to which such documents can be dispatched.

Transmission by fax, e-mail or other electronic means

(4) Another method consists of a member, staff or a consultant transmitting the document by:

(a) fax; or

(b) e-mail; or

(c) other electronic means;

to the last fax number, e-mail address or other electronic address notified to the Tribunal in writing by the Secretary for the purpose.

379C When a person other than the Secretary is taken to have received a document from the Tribunal (1) This section applies if the Tribunal gives a document to a person other than the Secretary by one of the methods specified in section 379A (including in a case covered by section 379AA).

Giving by hand

(2) If the Tribunal gives a document to a person by the method in subsection 379A(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.

Handing to a person at last residential or business address

(3) If the Tribunal gives a document to a person by the method in subsection 379A(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.

Dispatch by prepaid post or by other prepaid means

(4) If the Tribunal gives a document to a person by the method in subsection 379A(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:

(a) if the document was dispatched from a place in Australia to an address in Australia--7 working days (in the place of that address) after the date of the document; or

(b) in any other case--21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

(5) If the Tribunal gives a document to a person by the method in subsection 379A(5) (which involves transmitting the document by fax, e-mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.

379D When the Secretary is taken to have received a document from the Tribunal (1) This section applies if the Tribunal gives a document to the Secretary by one of the methods specified in section 379B (including in a case covered by section 379AA).

Giving by hand

(2) If the Tribunal gives a document to the Secretary by the method in subsection 379B(2) (which involves handing the document to the Secretary or to an authorised officer), the Secretary is taken to have received the document when it is handed to the Secretary or to the authorised officer.

Dispatch by post or by other means

(3) If the Tribunal gives a document to the Secretary by the method in subsection 379B(3) (which involves dispatching the document by post or by other means), the Secretary is taken to have received the document:

(a) if the document was dispatched from a place in Australia to an address in Australia--7 working days (in the place of that address) after the date of the document; or

(b) in any other case--21 days after the date of the document.


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Transmission by fax, e-mail or other electronic means

(4) If the Tribunal gives a document to the Secretary by the method in subsection 379B(4) (which involves transmitting the document by fax, e-mail or other electronic means), the Secretary is taken to have received the document at the end of the day on which the document is transmitted.

379E Tribunal may give copies of documents If a provision of this Act requires or permits the Tribunal to give a document to a person, the Tribunal may instead give a copy of the document to the person by the same means as the Tribunal could give the document itself.

379F Giving documents etc. to the Tribunal (1) If, in relation to the review of a decision to which this Part applies, a person is required or permitted to give a document or thing to the Tribunal, the person must do so:

(a) by giving the document or thing to the Chief Executive Officer or staff at a Registry; or

(b) by a method set out in directions under section 353A.

(2) Directions under section 353A may make provision for a person to give a copy of a document, rather than the document itself, to the Tribunal.

379G Authorised recipient (1) If:

(a) a person (the applicant) applies for review of a decision to which this Part applies; and

(b) the applicant gives the Tribunal written notice of the name and address of another person (the authorised recipient) authorised by the applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with the review;

the Tribunal must give the authorised recipient, instead of the applicant, any document that it would otherwise have given to the applicant.

Note: If the Tribunal gives a person a document by a method specified in section 379A, the person is taken to have received the document at the time specified in section 379C in respect of that method.

(2) If the Tribunal gives a document to the authorised recipient, the Tribunal is taken to have given the document to the applicant. However, this does not prevent the Tribunal giving the applicant a copy of the document.

(3) The applicant may vary or withdraw the notice under paragraph (1)(b) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the applicant's authorised recipient.

(4) The Tribunal may communicate with the applicant by means other than giving a document to the applicant, provided the Tribunal gives the authorised recipient notice of the communication.

(5) This section does not apply to the Tribunal giving documents to, or communicating with, the applicant when the applicant is appearing before the Tribunal.

202 Parts 6 and 7

Repeal the Parts.

203 Paragraphs 475(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) decisions of the Administrative Review Tribunal under Part 5;

204 Paragraphs 475(2)(c) and (d)

Repeal the paragraphs, substitute:

(c) a decision to which Part 5 applies;

(d) a decision of the Administrative Review Tribunal to end the review of a decision to which Part 5 applies without making a decision on the review;

205 Paragraph 475(2)(e)

Omit ", 351, 391, 417 or 454", substitute "or 351".

206 Paragraphs 475(2)(f) and (g)

Repeal the paragraphs.

207 Paragraph 478(1)(b)

Repeal the paragraph, substitute:

(b) be lodged with a Registry of the Federal Court:

(i) if the application is for review of a decision covered by paragraph 475(1)(a) and the applicant is not the Minister--within 28 days of the applicant receiving a copy of the written statement prepared under section 368A that relates to the decision; or

(ii) if the application is for review of a decision covered by paragraph 475(1)(a) and the applicant is the Minister--within 28 days of the Secretary receiving a copy of the written statement prepared under section 368A that relates to the decision; or

(iii) in any other case--within 28 days of the applicant receiving notice of the decision.

Note: If a person is given a document by a method specified in section 379A, 379B or 494A, he or she is taken to have received the

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document at the time specified in section 379C, 379D or 494C in respect of that method.

208 Paragraph 479(a)

Omit "or (b)".

209 Paragraph 479(a)

Omit "relevant", substitute "Administrative Review".

210 Paragraph 480(a)

Omit "or (b)".

211 Paragraph 480(a)

Omit "relevant", substitute "Administrative Review".

212 Paragraph 481(1)(b)

After "person who made the decision", insert "(or, if the Tribunal made the decision, to the Tribunal)".

213 After subsection 481(1)

Insert:

(1A) If, on an application for review of a judicially-reviewable decision, the Federal Court refers a matter to the Administrative Review Tribunal for further consideration, the Administrative Review Tribunal need not, for the purposes of such further consideration, be constituted by the person or persons who made the decision.

214 Subsection 485(2)

Repeal the subsection.

215 At the end of subsection 488(2)

Add:

; or (f) authorise a member, the Chief Executive Officer or staff of, or a consultant to, the Administrative Review Tribunal to perform one or more of those actions for the purposes of the review of a decision under this Act.

216 After section 494

Insert:

494A Giving documents--when Minister may use section 494B methods If:

(a) a provision of this Act or the regulations requires or permits the Minister to give a document to a person; and

(b) the provision does not state that the document must be given:

(i) by one of the methods specified in section 494B; or

(ii) by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Minister may give the document to the person by any method that he or she considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).

Note: Under section 494D a person may give the Minister the name of an authorised recipient who is to receive documents on the person's behalf.

494B Giving documents--methods that will attract section 494C deemed receipt Coverage of section

(1) For the purposes of provisions of this Act that:

(a) require or permit the Minister to give a document to a person (the recipient); and

(b) state that the Minister must do so by one of the methods specified in this section;

the methods are as follows.

Giving by hand

(2) One method consists of the Minister handing the document to the recipient.

Handing to a person at last residential or business address

(3) Another method consists of the Minister handing the document to another person who:

(a) is at the last residential or business address provided by the recipient for the purposes of receiving documents of that kind; and

(b) appears to live there (in the case of a residential address) or work there (in the case of a business address); and

(c) appears to be at least 16 years of age.

Dispatch by prepaid post or by other prepaid means

(4) Another method consists of the Minister dating the document, and then dispatching it:

(a) within 3 working days (in the place of dispatch) of the date of the document; and

(b) by prepaid post or by other prepaid means; and

(c) to:

(i) the last address for service provided by the recipient for the purposes of receiving documents of that kind; or

(ii) the last residential or business address provided by the recipient for the purposes of receiving documents of that kind.

Transmission by fax, e-mail or other electronic means

(5) Another method consists of the Minister transmitting the document by:

(a) fax; or


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(b) e-mail; or

(c) other electronic means;

to the last fax number, e-mail address or other electronic address, as the case may be, provided to the Minister by the recipient for the purposes of receiving documents of that kind.

494C When a person is taken to have received a document from the Minister (1) This section applies if the Minister gives a document to a person by one of the methods specified in section 494B (including in a case covered by section 494A).

Giving by hand

(2) If the Minister gives a document to a person by the method in subsection 494B(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.

Handing to a person at last residential or business address

(3) If the Minister gives a document to a person by the method in subsection 494B(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.

Dispatch by prepaid post or by other prepaid means

(4) If the Minister gives a document to a person by the method in subsection 494B(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:

(a) if the document was dispatched from a place in Australia to an address in Australia--7 working days (in the place of that address) after the date of the document; or

(b) in any other case--21 days after the date of the document.

Transmission by fax, e-mail or other electronic means

(5) If the Minister gives a document to a person by the method in subsection 494B(5) (which involves transmitting the document by fax, e-mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.

494D Authorised recipient (1) If a person (the first person) gives the Minister written notice of the name and address of another person (the authorised recipient) authorised by the first person to do things on behalf of the first person that consist of, or include, receiving documents in connection with matters arising under this Act, the Minister must give the authorised recipient, instead of the first person, any documents that the Minister would otherwise have given to the first person.

Note: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.

(2) If the Minister gives a document to the authorised recipient, the Minister is taken to have given the document to the first person. However, this does not prevent the Minister giving the first person a copy of the document.

(3) The first person may vary or withdraw the notice under subsection (1) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the first person's authorised recipient.

(4) The Minister may communicate with the first person by means other than giving a document to the first person, provided the Minister gives the authorised recipient notice of the communication.

217 Section 500

Repeal the section.

218 After subsection 501(2)

Add:

Note: A decision of a delegate of the Minister under subsection (1) or (2) is reviewable under Part 5 as a reviewable general character decision or a reviewable protection visa character decision.

219 Paragraph 501A(1)(b)

Omit "Appeals", substitute "Review".

220 Subsection 501A(7)

Repeal the subsection.

221 Subsection 501B(4)

Repeal the subsection.

222 Subsection 501B(5)

Omit "Appeals", substitute "Review".

223 Subsection 501C(11)

Repeal the subsection, substitute:

(11) To avoid doubt, a decision not to exercise the power conferred by subsection (4) is not reviewable under Part 5.

224 Subsection 501F(5)

Repeal the subsection.

225 Paragraph 501G(1)(e)

Omit "and".

226 Paragraph 501G(1)(f)


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Repeal the paragraph.

227 At the end of subsection 501G(1)

Add:

Note 1: If a decision is reviewable under Part 5, notification of the decision must include information about review rights: see section 340.

Note 2: Notification of a reviewable general character decision or a reviewable protection visa character decision relating to a person in the migration zone must be accompanied by documents relevant to the making of the decision: see section 341.

228 Subsection 501G(2)

Repeal the subsection.

229 Subsection 501H(2)

Repeal the subsection.

Note: The heading to section 501H is replaced by the heading "Powers under sections 501, 501A and 501B are in addition to other powers".

230 At the end of section 502

Add:

(4) To avoid doubt, the inclusion of a certificate as mentioned in subsection (1) is not reviewable under Part 5.

231 At the end of subparagraph 504(1)(a)(ii)

Add "or".

232 At the end of subparagraph 504(1)(a)(iv)

Add "and".

233 At the end of paragraph 504(1)(b)

Add "and".

234 At the end of subparagraph 504(1)(c)(iii)

Add "and".

235 At the end of paragraph 504(1)(d)

Add "and".

236 At the end of subparagraph 504(1)(e)(i)

Add "or".

237 At the end of paragraph 504(1)(e)

Add "and".

238 At the end of paragraph 504(1)(f)

Add "and".

239 At the end of paragraph 504(1)(g)

Add "and".

240 At the end of paragraph 504(1)(h)

Add "and".

241 At the end of paragraph 504(1)(i)

Add "and".

242 At the end of subsection 504(1)

Add:

; and (l) making provision for summoning persons for the purposes of the review of decisions to which Part 5 applies.

Part 2--Amendment of Australian Citizenship Act 1948

243 Subsection 52A(1)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

244 After subsection 52A(2)

Insert:

(2A) The review of a decision mentioned in subsection (1) is to take place in the Commercial and General Division of the Tribunal.

245 Subsection 52A(3)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

246 After section 52A

Insert:

52AB Certain appeals not to be transferred to Federal Magistrates Court In spite of section 170 of the Administrative Review Tribunal Act 2000, the Federal Court must not transfer an appeal to the Federal Magistrates Court if the appeal relates to a decision given by the Administrative Review Tribunal on review of a decision under:

(a) this Act; or

(b) regulations under this Act.

247 Subsection 52B(1)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

248 Subsection 52B(1)

Omit "Administrative Appeals Tribunal for review", substitute "Administrative Review Tribunal for review".

Part 3--Amendment of Immigration (Guardianship of Children) Act 1946

249 Subsection 11A(1) (definition of decision)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".


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250 Subsection 11A(6)

Omit "Administrative Appeals Tribunal", substitute "Administrative Review Tribunal".

251 At the end of section 11A

Add:

(7) The review of a reviewable decision by the Administrative Review Tribunal is to take place in the Commercial and General Division of the Tribunal.

252 After section 11A

Insert:

11AB Certain appeals not to be transferred to Federal Magistrates Court In spite of section 170 of the Administrative Review Tribunal Act 2000, the Federal Court must not transfer an appeal to the Federal Magistrates Court if the appeal relates to a decision given by the Administrative Review Tribunal on review of a decision under:

(a) this Act; or

(b) regulations under this Act.

253 Paragraph 11B(2)(b)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

254 Paragraph 11B(2)(b)

Omit "Administrative Appeals Tribunal for review", substitute "Administrative Review Tribunal for review".

255 Subsection 11B(3)

Omit "Administrative Appeals Tribunal Act 1975", substitute "Administrative Review Tribunal Act 2000".

256 Subsection 11B(3)

Omit "Administrative Appeals Tribunal for review", substitute "Administrative Review Tribunal for review".

Schedule 15--Application and transitional provisions relating to abolition of Administrative Appeals Tribunal and establishment of Administrative Review Tribunal etc. Part 1--Definitions etc.

1 Definitions etc.

(1) In this Schedule:

AAT means the Administrative Appeals Tribunal established by the AAT Act.

AAT abolition time means the time when section 4 of this Act (which repeals the AAT Act) commences.

AAT Act means the Administrative Appeals Tribunal Act 1975.

ADJR Act means the Administrative Decisions (Judicial Review) Act 1977.

ART means the Administrative Review Tribunal established by the ART Act.

ART Act means the Administrative Review Tribunal Act 2000.

Deputy President of the AAT means the Deputy President as defined by section 3 of the AAT Act.

FA (Administration) Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

Family Court means the Family Court of Australia.

Federal Court means the Federal Court of Australia.

first-tier review has the same meaning as in the ART Act.

member of the AAT means a member as defined by section 3 of the AAT Act.

President of the AAT means the President as defined by section 3 of the AAT Act.

President of the ART means the President as defined by section 6 of the ART Act.

second-tier review has the same meaning as in the ART Act.

SS (Administration) Act means the Social Security (Administration) Act 1999.

SSAT means the Social Security Appeals Tribunal that was continued in existence by section 139 of the SS (Administration) Act.

SSAT decision means a decision in respect of which an application was made before AAT abolition time for review by the AAT under section 179 of the SS (Administration) Act or section 142 of the FA (Administration) Act.

(2) For the purposes of any item in this Schedule that deals with applications for review, or review, of a decision made before AAT abolition time:

(a) a reference in that item to the AAT Act or to a provision of the AAT Act is, if applicable, a reference to the AAT Act, or to that provision of the AAT Act, as modified by any other Act in its application to that decision; and

(b) except where paragraph (c) applies--a reference in that item to the ART Act or to a provision of the ART Act is, if applicable, a reference to the ART Act, or that provision of the ART Act, as modified:

(i) as a result of amendments made by other Schedules to this Act, or by any

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later Act, that apply to decisions of that kind that are made after AAT abolition time; and

(ii) by any other item in this Schedule; and

(c) if the decision is an SSAT decision--a reference in that item to the ART Act or to a provision of the ART Act is, if applicable, a reference to the ART Act, or to that provision of the ART Act, as modified by any other item in this Schedule, but is not a reference to the ART Act, or to that provision of the ART Act, as modified as a result of amendments made by other Schedules to this Act, or by any later Act, that apply to decisions of a similar kind that are made after AAT abolition time.

2 Parts 5 to 9 not to apply to certain decisions

(1) Parts 5 to 9 of this Schedule do not apply to a decision made before AAT abolition time in respect of which applications for review by the AAT could be made under section 136 or subsection 500(1) of the Migration Act 1958 as then in force.

(2) Parts 5 to 9 of this Schedule do not apply to a decision made before AAT abolition time in respect of which applications for review by the AAT could be made under subsection 175(1) of the Veterans' Entitlements Act 1986 as then in force.

(3) Parts 5 to 9 of this Schedule do not apply to a decision made before AAT abolition time by the SSAT in respect of which applications for review by the AAT could be made other than under section 179 of the SS (Administration) Act or section 142 of the FA (Administration) Act.

(4) To avoid doubt, regulations under section 6 of this Act may make provision in relation to decisions mentioned in subitem (1), (2) or (3) of this item.

Part 2--Members of the Administrative Appeals Tribunal

3 Entitlement of Deputy Presidents of AAT to pensions under the Judges' Pensions Act 1968

(1) Despite the repeal of the AAT Act by this Act, sections 7A and 16 of the AAT Act, and any other provisions of that Act so far as they are necessary for the operation of those sections, continue to have effect for the purposes of the application of the Judges' Pensions Act 1968 as if they had not been repealed.

(2) If:

(a) it is necessary, after AAT abolition time, to apply paragraph (a) of the definition of appropriate current judicial salary in subsection 4(1) of the Judges' Pensions Act 1968; and

(b) the Judge mentioned in that paragraph was such only by virtue of being a Deputy President of the AAT when he or she retired or died;

the salary applicable under that paragraph is 82% of the salary payable to a Judge of the Federal Court (other than the Chief Judge) at the time in question.

(3) If:

(a) immediately before AAT abolition time, a person was on leave of absence under subsection 12(2) of the AAT Act from his or her duties as a Deputy President of the AAT; and

(b) the leave was granted for the purpose of allowing the person to perform duties in another Commonwealth office;

then, for the purposes of the Judges' Pensions Act 1968, the person is taken to remain as a Deputy President of the AAT after AAT abolition time, despite the repeal of the AAT Act, at all times until the person stops performing duties in that other office.

4 Pensions for certain Deputy Presidents of AAT who are under 60

(1) This item applies to a person who:

(a) is a Deputy President of the AAT immediately before AAT abolition time; and

(b) is under 60 at AAT abolition time; and

(c) apart from this item, has no entitlement to a pension under the Judges' Pensions Act 1968.

(2) The Judges' Pensions Act 1968 applies in relation to the person as if he or she were over 60 at AAT abolition time and all later times.

(3) However, if a pension is payable to the person under that Act only because of subitem (2), the annual rate of the pension must be worked out in a manner:

(a) approved in writing by the Attorney-General; and

(b) certified by the Australian Government Actuary to be fair and reasonable;

instead of being worked out under that Act.

(4) The rate worked out must not exceed 60% of the appropriate current judicial salary (within the meaning of that Act) in relation to the person.

Note: Subitem 3(2) of this Schedule can affect the calculation of the appropriate current judicial salary.

(5) Subitem (3) continues to apply even after the person in fact turns 60.

(6) In deciding whether to certify as mentioned in paragraph (3)(b), the Australian Government Actuary must have regard to:

(a) the actual period of the person's service as a Judge compared with the period that the person would have served had he or she remained a Judge until

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the age of 60; and

(b) the value to the person of a pension that commences when the person's service as a Judge actually ends compared with the value to the person of a pension that commences when the person turns 60; and

(c) the effect, or likely effect, of the superannuation contributions surcharge legislation.

(7) To avoid doubt, this item does not entitle a person to a pension under the Judges' Pensions Act 1968 if the reason why the person was not otherwise entitled to such a pension was that he or she did not originally make an election under section 16 of the Administrative Appeals Tribunal Act 1975 within the time allowed by that section.

(8) In this item:

Judge has the same meaning as in the Judges' Pensions Act 1968.

Part 3--Transfer of evidence, records and documents etc.

5 Transfer of records and documents

Any evidence (including oral evidence in any form), records, documents or other things (including those in electronic form) relating to the review of decisions or the doing of other things by the AAT that were in the possession of the AAT immediately before AAT abolition time are to be transferred to the ART.

6 Return of documents by Courts

If, immediately before AAT abolition time, the Federal Court or the Federal Magistrates Court has any documents that, if the AAT Act had not been repealed, the Court would at any time be required to return to the AAT:

(a) the Court must instead transfer the documents to the ART at the time when it would otherwise have been required to return them to the AAT; and

(b) the President of the ART may return the documents to the person who gave them to the AAT.

Part 4--Annual report

7 Annual report

(1) The President of the ART must, as soon as practicable after AAT abolition time, give a report to the Attorney-General, for presentation to the Parliament, on the AAT's activities during the period since the end of the financial year in respect of which the President of the AAT last prepared a report in accordance with section 24R of the AAT Act.

(2) The report must include:

(a) the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and

(b) an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997.

Part 5--Rights to notice and statements in relation to pre-AAT abolition time decisions

8 Notice of pre-AAT abolition time decision and review rights

Section 56 of ART Act not to apply

(1) Section 56 of the ART Act does not apply to a decision made before AAT abolition time.

Continuation of obligation under subsection 27A(1) of AAT Act

(2) If a person was required under subsection 27A(1) of the AAT Act to take the steps mentioned in that subsection in relation to a decision and had not done so by AAT abolition time, the requirement continues after that time despite the repeal of the AAT Act by this Act.

9 Application of ART Act statement of reasons provisions to pre-AAT abolition time decisions

Sections 57 to 60 of the ART Act apply in accordance with this Part in relation to a decision made before AAT abolition time, but do not otherwise apply in relation to any such decision.

10 Where no request for statement under subsection 28(1) of AAT Act

Sections 57 to 60 of the ART Act apply to a decision made before AAT abolition time if no request for a statement in relation to the decision was made before AAT abolition time under subsection 28(1) of the AAT Act.

11 Where no response to request for statement under subsection 28(1) of AAT Act

If:

(a) before AAT abolition time, a request for a statement was made under subsection 28(1) of the AAT Act; and

(b) by AAT abolition time, the statement had not been given; and

(c) by AAT abolition time, no requirement to give a notice under subsection 28(1AA) of the AAT Act in relation to the request for the statement had arisen;

sections 57 to 60 of the ART Act apply as if the request had been a request for a statement of reasons made under subsection 57(1) of the ART Act.

12 Where subsection 28(1AA) of AAT Act applied in relation to request for statement

If:

(a) before AAT abolition time, a requirement to give a notice under subsection 28(1AA) of the AAT Act in relation to a request for a statement arose, but the

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notice was not given before AAT abolition time; or

(b) before AAT abolition time, a notice was given under that subsection in relation to a request for a statement, but no application had been made to the AAT under subsection 28(1AC) of the AAT Act by AAT abolition time in relation to the request for the statement;

sections 57 to 60 of the ART Act apply as if the requirement mentioned in paragraph (a) of this item, or the notice mentioned in paragraph (b) of this item, were a requirement or notice under subsection 57(4) of the ART Act in relation to a request for a statement of reasons under subsection 57(1) of that Act.

13 Where subsection 28(1AC) of AAT Act applied in relation to statement but no AAT decision made

If:

(a) before AAT abolition time, an application was made to the AAT under subsection 28(1AC) of the AAT Act; and

(b) by AAT abolition time, the AAT had not made its decision on the application;

sections 58 to 60 of the ART Act apply as if the application were an application to the ART under subsection 58(1) of that Act in relation to a notice about a statement of reasons that the applicant had requested under subsection 57(1) of that Act.

14 Where subsection 28(1AC) of AAT Act applied in relation to statement and AAT decision made

If:

(a) before AAT abolition time, an application was made to the AAT under subsection 28(1AC) of the AAT Act; and

(b) before AAT abolition time, the AAT had decided on the application that the applicant was entitled to be furnished with a statement; and

(c) by AAT abolition time, the applicant had not been furnished with the statement;

then:

(d) subsection 58(3) of the ART Act applies as if the decision of the AAT were a decision of the ART under that subsection in relation to a statement of reasons that the applicant had requested under subsection 57(1) of that Act; and

(e) sections 59 and 60 of the ART Act apply to any statement of reasons that is given as a result.

15 Where notice under subsection 28(1A) of AAT Act not given in relation to statement

If:

(a) before AAT abolition time, a requirement to give a notice arose under subsection 28(1A) of the AAT Act; and

(b) by AAT abolition time, the notice had not been given;

the requirement to give the notice is taken for the purposes of sections 57 to 60 of the ART Act to be a requirement under subsection 57(4) of that Act in relation to a notice about a statement of reasons that the applicant had requested under subsection 57(1) of that Act.

16 Where application under subsection 28(1B) of AAT Act in relation to statement but no AAT decision made

If:

(a) before AAT abolition time, an application was made to the AAT under subsection 28(1B) of the AAT Act; and

(b) by AAT abolition time, the AAT had not made its decision on the application;

sections 58 to 60 of the ART Act apply as if the application were an application to the ART under subsection 58(1) of that Act in relation to a notice about a statement of reasons that the applicant had requested under subsection 57(1) of that Act.

17 Where application under subsection 28(5) of AAT Act in relation to statement but no AAT declaration made

If:

(a) before AAT abolition time, an application was made to the AAT under subsection 28(5) of the AAT Act for a declaration in relation to a statement; and

(b) by AAT abolition time, the AAT had not made the declaration;

sections 59 and 60 of the ART Act apply as if the application were an application under subsection 59(1) of that Act in relation to a statement of reasons that the applicant had requested under subsection 57(1) of that Act.

18 Where application under subsection 28(5) of AAT Act in relation to statement and no statement given

If:

(a) before AAT abolition time, a requirement to furnish an additional statement or statements arose under subsection 28(5) of the AAT Act; and

(b) by AAT abolition time, the statement or statements had not been furnished;

the requirement continues despite the repeal of the AAT Act by this Act.

19 Where certificate under subsection 28(2) of AAT Act given in relation to a statement of reasons

If:

(a) before AAT abolition time, the Attorney-General gave a certificate under

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subsection 28(2) of the AAT Act in relation to a statement under subsection 28(1) of that Act in relation to a decision; and

(b) the ART Act applies in relation to the decision, either as a result of this Part or Part 7;

then, for the purposes of that application of the ART Act, the certificate has effect as if it had been given under section 60 of that Act.

Part 6--Applications for ART review of pre-AAT abolition time decisions

20 Applications for ART review of pre-AAT abolition time decisions to be made in certain cases only

An application under section 61 of the ART Act for review of a decision made before AAT abolition time can only be made in accordance with this Part.

21 Applications for ART review of pre-AAT abolition time decisions where time limit has not expired

(1) If:

(a) before AAT abolition time, either:

(i) a time was prescribed for the lodging with the AAT of applications for review of a particular decision; or

(ii) a time was prescribed for the lodging with the AAT by a particular person of an application for review of a particular decision; and

(b) by AAT abolition time, the time, or the time as extended by the AAT, had not ended; and

(c) by AAT abolition time, a person entitled to do so had not duly made an application to the AAT for review of the decision;

then such a person may apply to the ART under section 61 of the ART Act for first-tier review of the decision, provided the person does so, subject to subitem (2), before the time, or the time as extended by the AAT, ends.

Extension of time to apply

(2) The ART may, on application, fix a later time than the time applicable under subitem (1) as the time by which the application mentioned in that subitem may be made, if the ART is satisfied that it is reasonable in all the circumstances to do so.

22 Applications for ART review of pre-AAT abolition time decisions in other circumstances

If:

(a) before AAT abolition time, a person entitled to make an application to the AAT for review of the decision had not duly made such an application; and

(b) the person is not, in accordance with item 21, entitled to apply to the ART under section 61 of the ART Act for first-tier review of the decision; and

(c) the ART is satisfied that it would be reasonable in all the circumstances for the person to be permitted to make such an application;

the person may make such an application, but must do so by such time as the ART fixes.

Part 7--ART continuation of AAT review

23 ART to conduct first-tier review where application for AAT review and no time limit

If:

(a) before AAT abolition time, either:

(i) no time was prescribed for the lodging with the AAT of applications for review of a particular decision; or

(ii) no time was prescribed for the lodging with the AAT by a particular person of an application for review of a particular decision; and

(b) before AAT abolition time, a person duly made (disregarding subsections 29(4) to (6) of the AAT Act) an application to the AAT for review of the decision; and

(c) before AAT abolition time, the AAT had not formed an opinion whether the application was or was not lodged within a reasonable time after the decision was made; and

(d) the ART is satisfied that the application was lodged with the AAT within a reasonable time after the decision was made, or that there are special circumstances that justify the ART Act applying in relation to the application;

then the ART Act and any other Act that relates to review under the ART Act apply in relation to the application as if it were an application for first-tier review of the decision by the ART that:

(e) complied with the requirements of Division 2 of Part 9 of that Act; and

(f) was made to the ART immediately after AAT abolition time.

24 ART to conduct first-tier review where application for AAT review duly made but no AAT decision made etc.

If:

(a) before AAT abolition time, a person duly made an application to the AAT for review of a decision; and

(b) item 23 does not apply to the application; and

(c) by AAT abolition time:

(i) the AAT had not made a decision under subsection 42C(2) or 43(1) of the AAT Act on the application; and


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(ii) either the application had not been dismissed, or the application had been dismissed and reinstated;

then, subject to the remainder of this Part, the ART Act and any other Act that relates to review under the ART Act apply in relation to the application as if it were an application for first-tier review of the decision by the ART that:

(d) complied with the requirements of Division 2 of Part 9 of the ART Act; and

(e) was made to the ART immediately after AAT abolition time.

25 Modified ART review where pre-AAT abolition time notice or statement of reasons given

If, before AAT abolition time:

(a) except in the case of an SSAT decision--notice of the application to the AAT for review by the AAT of the decision to which item 24 applies was given to the person who made the decision; or

(b) copies of a statement and documents were lodged with the AAT in accordance with subsection 37(1) of the AAT Act; or

(c) copies of a document were lodged with the AAT in accordance with subsection 37(1AB) of the AAT Act;

then:

(d) if paragraph (a) applies--section 76 of the ART Act does not apply in relation to the ART's first-tier review of the decision, but the ART Act applies in relation to that review as if the notice of the application had been given to the person who made the decision under that section and had related to the first-tier review; or

(e) if paragraph (b) or (c) applies--section 77 of the ART Act does not apply in relation to the ART's first-tier review of the decision, but the ART Act applies in relation to that review as if the copies had been given to the ART under that section and had related to that review.

26 Modified ART review where pre-AAT abolition time order to provide additional statements

If:

(a) before AAT abolition time, the AAT under section 38 of the AAT Act ordered the person who made the decision to which item 24 applies to lodge an additional statement or statements with the AAT; and

(b) by AAT abolition time, the person had not done so; and

(c) the person was not, as a result of the application of section 187 of the SS (Administration) Act, the Executive Director of the SSAT;

then:

(d) the person must give the additional statement or statements to the ART within the time specified in the order; and

(e) section 78 of the ART Act does not apply in relation to the first-tier review by the ART of the decision.

27 Modified ART review where pre-AAT abolition time provision of other documents

If:

(a) before abolition time, a person gave the AAT a document in relation to the application for review by the AAT of the decision to which item 24 applies; and

(b) apart from this subitem, the person would be required by section 79 or 80 of the ART Act to give the document to the ART;

section 79 or 80 of the ART Act does not apply to the document in relation to the ART's first-tier review of the decision.

28 Modified ART review--pre-AAT abolition time parties to become participants

If, before AAT abolition time, a person was a party to a proceeding before the AAT for review by the AAT of the decision to which item 24 applies, the person is, subject to:

(a) Division 2 of Part 6 (other than subsection 84(1) and, where the decision is mentioned in section 144 of the FA (Administration) Act, section 85) of the ART Act; and

(b) paragraphs 128(1)(e) and 129(d) of that Act;

a participant in the ART's first-tier review of the decision.

29 Modified ART review--pre-AAT abolition time applications to be made parties to be treated as applications to become participants

If:

(a) before AAT abolition time, a person had applied to the AAT under subsection 30(1A) of the AAT Act to be made a party to a proceeding before the AAT for the review by the AAT of the decision to which item 24 applies; and

(b) by AAT abolition time, the AAT had not made a decision under that subsection on the application;

paragraph 84(1)(d) of the ART Act applies to the application as if it were an application by the person to become a participant in the ART's first-tier review of the decision.

30 Modified ART review--pre-abolition time right to representation preserved

If, before AAT abolition time, a party to a proceeding before the AAT on the review by the AAT of the decision to which item 24 applies was represented by a person, then, despite section 105 of the ART Act, the party may, as a participant in the ART's first-tier review of the decision in accordance with

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item 28, and in any second-tier review resulting from that first-tier review, be represented by that person or any other person.

31 Modified ART review--certificates by Attorney-General

If, before AAT abolition time, the Attorney-General issued a certificate under section 36 of the AAT Act in relation to the AAT's review of the decision to which item 24 applies, that certificate has effect in relation to the ART's first-tier review of the decision, and in any second-tier review resulting from that first-tier review, as if it had been issued under section 101 of the ART Act.

32 Modified ART review--continuation of pre-AAT abolition time stay orders and requests

(1) If, immediately before AAT abolition time, an order under subsection 41(2) of the AAT Act was in force in relation to the decision to which item 24 applies, that order has effect in relation to the ART's first-tier review of the decision as if it were a direction made under subsection 121(3) of the ART Act.

(2) If:

(a) before AAT abolition time, a request was made under subsection 41(2) of the AAT Act for the making of an order in relation to the AAT's review of the decision to which item 24 applies; and

(b) by AAT abolition time, a decision had not been made on the request;

the ART must, as soon as practicable after AAT abolition time, consider whether to make such an order under subsection 121(3) of the ART Act in relation to the ART's first-tier review of the decision.

33 Modified ART review--continuation of inadmissibility of conference and mediation evidence etc.

(1) If, before AAT abolition time, a conference was held in accordance with section 34 of the AAT Act in relation to the AAT's review of the decision to which item 24 applies, then, for the purposes of the ART's review of the decision, unless the parties to the conference otherwise agree, evidence must not be given, and statements must not be made, concerning any words spoken or act done at the conference.

(2) If, before AAT abolition time, a mediation took place in accordance with section 34A of the AAT Act in relation to the AAT's review of the decision to which item 24 applies, then, except in the ART's review of the decision where the participants otherwise agree, evidence of anything said or act done at the mediation is not admissible in any court or in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory, or by the consent of the parties to the mediation, to hear evidence.

34 Modified ART review--continuation of pre-AAT abolition time confidentiality directions

If, immediately before AAT abolition time, an order under subsection 35(2) of the AAT Act was in force giving directions in relation to the decision to which item 24 applies, those directions have effect in relation to the first-tier review by the ART of the decision as if they were directions given by the ART under subsection 100(3) of the ART Act.

35 Modified ART review--continuation of effect of summons

If:

(a) before AAT abolition time, in relation to the AAT's review of a decision to which item 24 applies, a member of the AAT, the Registrar of the AAT, a District Registrar of the AAT or a Deputy Registrar of the AAT had:

(i) under paragraph 40(1A)(a) or (b) of the AAT Act, summoned a person to appear before the AAT at a hearing to give evidence or to give evidence and produce books, documents or things; or

(ii) under paragraph 40(1A)(c) of the AAT Act, summoned a person to appear before the AAT at a hearing, or to appear at a directions hearing, to produce books, documents or things; and

(b) the time for the person to appear before the AAT, or at the directions hearing, in accordance with the summons was after AAT abolition time;

the summons has effect for the purposes of the ART's review of the decision as if it had been issued under section 95 of the ART Act, and had required the person to appear before the ART to do the things concerned at the time when the person was required to appear before the AAT, or at the directions hearing, to do those things.

36 Modified ART review--effect of pre-AAT abolition time consent agreements

If:

(a) before AAT abolition time, an agreement of a kind mentioned in paragraph 42C(1)(a) of the AAT Act was made as to the terms of a decision of the AAT in a proceeding for review by the AAT of the decision to which item 24 applies, in relation to a part of such a proceeding or a matter arising out of such a proceeding; and

(b) by AAT abolition time, the AAT had not made a decision under subsection 42C(2) or 43(1) of the AAT Act in relation to the agreement;

section 109 of the ART Act applies in relation to the agreement as if the agreement related to the first-tier review by the ART of the decision.

37 Modified ART review--need for efficiency etc.

(1) The ART must, in conducting its first-tier review of the decision to which item 24 applies, ensure that the transition from review by the AAT to review by the ART takes place as efficiently as possible, having regard to the

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objects set out in section 3 of the ART Act.

(2) In particular, the ART must, in conducting its first-tier review of the decision to which item 24 applies, have regard to all evidence (including any oral evidence that has been recorded in any form), records, documents and other things (including those in electronic form) relating to the review by the AAT of the decision that are transferred to it in accordance with item 5.

(3) Also, if:

(a) when the decision was under review by the AAT, persons appeared before the AAT to give evidence and present arguments relating to issues arising in relation to the decision; and

(b) the ART does not allow the persons to appear before the ART to give the same evidence or present the same arguments;

this is not a ground for an appeal to the Federal Court under Part 10 of the ART Act, or for review by that Court or by the Federal Magistrates Court, of any decision made, or other thing done, by the ART.

38 Continuation of pre-AAT abolition time references of questions of law to Federal Court

(1) This item applies if, before AAT abolition time, the AAT referred to the Federal Court a question of law arising in a proceeding before the AAT in relation to the AAT's review of the decision to which item 24 applies.

Where Federal Court had given its opinion before AAT abolition time

(2) If, by AAT abolition time, the Federal Court had given its opinion on the question, the ART must not, in its first-tier review of the decision in accordance with item 24, proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court on the question.

Where Federal Court had not given its opinion before AAT abolition time

(3) If, by AAT abolition time, the Federal Court had not given its opinion on the question:

(a) the repeal of the AAT Act by this Act does not affect the jurisdiction of the Federal Court to hear and determine the question; and

(b) the ART must not, in its first-tier review of the decision in accordance with item 24:

(i) make a decision to which the question is relevant while the reference is pending; or

(ii) proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court on the question; and

(c) subject to subitem (4), section 46 of the AAT Act applies to the reference despite the repeal of the AAT Act by this Act.

(4) For the purpose of applying section 46 of the AAT Act in accordance with paragraph (3)(c) of this item:

(a) the requirement in paragraph (1)(a) of that section for the AAT to cause documents to be sent to the Federal Court is instead a requirement for the ART to cause the documents to be sent to the Federal Court; and

(b) the requirement:

(i) in paragraph (1)(b) of that section for the Federal Court to cause documents to be returned to the AAT; or

(ii) in subparagraph (1)(c)(ii) of that section for the Federal Magistrates Court to cause documents to be returned to the AAT;

is instead a requirement for the court to cause the documents to be sent to the ART; and

(c) the requirement in subsection (3) of that section for the court to permit part of a document to be inspected by some or all of the parties to the proceeding before the AAT is instead a requirement for the court to permit part of the document to be inspected by some or all of the participants in the review by the ART of the decision to which item 24 applies.

39 Reinstatement of pre-AAT abolition time review

Where pre-AAT abolition time reinstatement application

(1) If:

(a) before AAT abolition time, the AAT dismissed an application for review of a decision or an application was dismissed on its behalf; and

(b) before AAT abolition time, a party to the proceeding before the AAT for the review applied to the AAT under subsection 42A(8) or (10) of the AAT Act for the application for the review to be reinstated; and

(c) by AAT abolition time, the AAT had not made its decision on the application under that subsection;

then:

(d) the party is taken to have applied to the ART for the review to be reinstated as a first-tier review by the ART of the decision; and

(e) subsections 132(2) and (3) of the ART Act apply in relation to the application as if it were an application under subsection 132(1) of the ART Act.

Where no pre-AAT abolition time reinstatement application

(2) If:

(a) before AAT abolition time, the AAT dismissed an application for review of a decision or an application was dismissed on its behalf; and

(b) subitem (1) does not apply;

then:

(c) a party to the proceeding before the AAT to which the application related

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may apply to the ART for the application to be reinstated as an application for first-tier review by the ART of the decision; and

(d) if a party makes such an application, subsections 132(2) and (3) of the ART Act apply in relation to the application as if it were an application under subsection 132(1) of the ART Act.

40 Modified ART review--SSAT decisions

(1) If the decision to which item 24 applies is an SSAT decision, this item applies, in addition to the other modifications made by this Part, to the ART's review of the decision.

(2) Division 2 of Part 4 of the ART Act, and any provision of that Act that relates to that Part, does not apply in relation to the ART's decision on its first-tier review of the decision.

(3) Section 76 of the ART Act applies to the ART's review of the decision as if it required the Chief Executive Officer of the ART to arrange for the notice mentioned in that section to be given to each person who was a party to the review of the decision by the SSAT, other than:

(a) the party who made the application under section 179 of the SS (Administration) Act or section 142 of the FA (Administration) Act) for review of the decision by the AAT; and

(b) any person to whom notice of the application for review by the AAT of the decision was given before AAT abolition time under subsection 29(11) of the AAT Act.

(4) If, before AAT abolition time, copies of a statement and documents were not lodged with the AAT in accordance with subsection 37(1) of the AAT Act, section 77 of the ART Act applies to the ART's review of the decision as if that section required:

(a) if the decision that was reviewed by the SSAT was made by the Chief Executive Officer or an employee of the Commonwealth Services Delivery Agency--the Chief Executive Officer; or

(b) in any other case--the Secretary of the Department of Family and Community Services;

to give the ART the statement and other document or part of a document mentioned in that section before the end of 28 days after:

(c) if notice was given in relation to the application for review by the AAT of the decision in accordance with subsection 29(11) of the AAT Act--the day on which the notice was received; or

(d) if not--the day on which notice of the application is received.

(5) If:

(a) before AAT abolition time:

(i) where the decision that was reviewed by the SSAT was made by the Chief Executive Officer or an employee of the Commonwealth Services Delivery Agency--the Chief Executive Officer; or

(ii) in any other case--the Secretary of the Department of Family and Community Services;

was not taken by:

(iii) subsection 186(2) or (4) of the SS (Administration) Act; or

(iv) subsection 149(2) of the FA (Administration) Act;

to have complied with the obligations of the Chief Executive Officer or the Secretary under paragraph 37(1)(a) of the AAT Act in relation to the decision; and

(b) the Chief Executive Officer or the Secretary gives the ART the statement prepared in relation to the decision by the SSAT under paragraph 177(1)(a) of the SS (Administration) Act or paragraph 141(1)(a) of the FA (Administration) Act;

then, for the purposes of the ART's review of the decision, the Chief Executive Officer or the Secretary is taken to have complied with his or her obligations under paragraph 77(1)(a) of the ART Act (as that paragraph applies in accordance with subitem (3) of this item).

(6) Subitem (4) does not limit the ART's powers under section 78 of the ART Act in relation to its review of the decision.

(7) The ART's power under subsection 121(3) of the ART Act to direct that the operation or implementation of the original decision or a part of the original decision be stayed or otherwise affected is instead a power to direct that the operation or implementation of the following decision or a part of that decision be stayed or otherwise affected:

(a) if the SSAT affirmed the decision that it reviewed--the decision that the SSAT reviewed; or

(b) if the SSAT varied the decision that it reviewed:

(i) the decision that the SSAT reviewed, as varied by the SSAT; and

(ii) the decision that the SSAT reviewed; or

(c) if the SSAT set aside the decision that it reviewed and substituted a new decision:

(i) the new decision; and

(ii) the decision that the SSAT reviewed; or

(d) if the SSAT set aside the decision that it reviewed and sent the matter back to the Secretary of the Department of Family and Community Services for reconsideration in accordance with any directions or recommendations of the SSAT:

(i) any decision made as a result of that reconsideration; and

(ii) the decision that the SSAT reviewed.


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(8) Sections 128 and 129 of the ART Act apply in relation to ART's review of the decision as if references in those sections to the decision-maker were references to the Secretary of the Department of Family and Community Services.

(9) For the purposes of the ART's review of the decision, the ART's powers and discretions under subsection 133(1) of the ART Act do not include the power under subsection 1218A(2) of the Social Security Act 1991.

(10) Section 167 of the ART Act applies as if subsection (1) of that section were omitted and the reference in subsection (2) of that section to second-tier review were a reference to the ART's first-tier review of the decision.

Part 8--Continuation of other AAT jurisdiction

41 Continuation of other pre-AAT abolition time AAT jurisdiction

If:

(a) before AAT abolition time, the AAT began to exercise any power or perform any function under any Act (other than a power to review a decision, or any other power or function under the AAT Act); and

(b) by AAT abolition time, the AAT had not finished exercising the power or performing the function; and

(c) the power or function is one that the ART would be required to exercise or perform as a related Tribunal function (within the meaning of paragraph 140(b) of the ART Act) if the equivalent circumstances for the exercise of the power or the performance of the function had arisen after AAT abolition time;

then, after AAT abolition time, the ART may finish exercising the power or performing the function as if it were the performance of such a related Tribunal function.

42 Continuation of enquiries etc. under the ASIO Act

If:

(a) before AAT abolition time, the AAT was under an obligation to take, or to continue to take, any action under section 65 of the Australian Security Intelligence Organisation Act 1979; and

(b) by AAT abolition time, the AAT had not finished taking that action;

then, after AAT abolition time, the ART must finish taking that action as if the ART were under that obligation.

Part 9--Effect of repeal of AAT Act on AAT decisions and Federal Court appeals against such decisions etc.

43 Preservation of effect of AAT decisions

A decision of the AAT under subsection 42C(2) or 43(1) of the AAT Act continues to have effect after AAT abolition time as if the AAT Act had not been repealed by this Act.

44 Preservation of obligation to give statement of reasons for AAT decision

If:

(a) before AAT abolition time, a party to a proceeding before the AAT requested the AAT under subsection 43(2A) of the AAT Act to furnish to the party a statement in writing of the reasons of the AAT for a decision of the AAT; and

(b) by abolition time, the AAT had not furnished to the person such a statement;

the ART must give the party the statement, and give a copy of the statement to each other party to the proceeding, within 28 days after this item commences.

45 Preservation of right to apply for statement of reasons for AAT decision

If:

(a) before AAT abolition time, a party to a proceeding before the AAT did not request, under subsection 43(2A) of the AAT Act, a statement in writing of reasons for a decision of the AAT; and

(b) the period of 28 days after the day on which a copy of the decision of the AAT was served on the party had not expired before AAT abolition time;

then:

(c) the party may, within 28 days after AAT abolition time, request the ART to give the party the statement; and

(d) if the party makes the request, the ART must give the party the statement, and give a copy of the statement to each other party to the proceeding, within 28 days after the ART receives the request.

46 Preservation of AAT requirement for decision-maker to reconsider a decision or matter

If:

(a) before abolition time:

(i) the AAT, under subsection 42D(1) of the AAT Act, remitted a decision to a person for consideration; or

(ii) the AAT, under subsection 42C(2) or subparagraph 43(1)(c)(ii) of the AAT Act, remitted a matter for reconsideration in accordance with directions or recommendations of the AAT; and

(b) by AAT abolition time, the person had not reconsidered the decision or matter;

the requirement to reconsider the matter continues despite the repeal of the AAT Act by this Act.


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47 Preservation of Federal Court appeal rights and appeals in progress under the AAT Act

Preservation of appeal rights

(1) If an appeal from a decision of the AAT to the Federal Court under subsection 44(1) or (2) of the AAT Act had not been instituted by a person before AAT abolition time:

(a) subsections 44(1), (2), (2A) and (2B) of the AAT Act continue to apply in relation to the institution of such an appeal despite the repeal of the AAT Act by this Act; and

(b) if, as a result, an appeal to the Federal Court is instituted after AAT abolition time, then, subject to subitem (3), subsections 44(3) to (6) and sections 44AA, 44A and 46 of the AAT Act apply to the appeal despite the repeal of the AAT Act by this Act.

Preservation of Federal Court appeals in progress

(2) If:

(a) before abolition time, an appeal to the Federal Court was instituted under subsection 44(1) or (2) of the AAT Act from a decision of the AAT; and

(b) by AAT abolition time, the Federal Court, or the Federal Magistrates Court (where the appeal had been transferred to that Court), had not given its judgment on the appeal;

subject to subitem (3), subsections 44(3) to (6) and sections 44AA, 44A and 46 of the AAT Act continue to apply to the appeal despite the repeal of the AAT Act by this Act.

Modified application of AAT Act provisions relating to Federal Court appeals

(3) For the purposes of the application or continued application of subsections 44(3) to (6) and sections 44AA, 44A and 46 of the AAT Act in accordance with subitem (1) or (2):

(a) the requirement in subparagraph 44(3)(b)(ii) of that Act (including as it applies as a result of subsection 44AA(9) of that Act) for the President of the AAT to be consulted is to be disregarded; and

(b) the power of:

(i) the Federal Court under subsection 44(5) of that Act; or

(ii) the Federal Magistrates Court under that subsection in its application in accordance with subsection 44AA(9) of that Act;

to make an order remitting the case to the AAT to be heard and decided again is instead a power to make an order remitting the case to the ART to be reviewed and decided again; and

(c) if any such order is made, the ART Act applies to the ART's review and decision of the case as if it were the review of a first-tier decision; and

(d) any other power that:

(i) the Federal Court or the Federal Magistrates Court, as the case may be, would have under the AAT Act in hearing and determining the appeal; and

(ii) would allow the court to require the AAT to do any thing;

is instead a power to require the ART to do the thing; and

(e) the requirement in paragraph 46(1)(a) of the AAT Act for the AAT to cause documents to be sent to the Federal Court is instead a requirement for the ART to cause the documents to be sent to the Federal Court; and

(f) the requirement:

(i) in paragraph 46(1)(b) of the AAT Act for the Federal Court to cause documents to be returned to the AAT; or

(ii) in subparagraph 46(1)(c)(ii) of the AAT Act for the Federal Magistrates Court to cause documents to be returned to the AAT;

is instead a requirement for the court to cause the documents to be sent to the ART.

48 Preservation of Federal Court and Federal Magistrates Court appeal rights and appeals in progress under the ADJR Act

Preservation of review application rights

(1) If an application to the Federal Court or the Federal Magistrates Court under the ADJR Act for an order of review in respect of:

(a) a decision of the AAT; or

(b) conduct engaged in for the purpose of making a decision of the AAT; or

(c) a failure to make a decision of the AAT;

had not been lodged by a person with the Registry of the court concerned before AAT abolition time:

(d) the ADJR Act continues to apply in relation to the decision despite the repeal of the AAT Act by this Act; and

(e) if, as a result, an application to the Federal Court or the Federal Magistrates Court is lodged after AAT abolition time, then, subject to subitem (3), the ADJR Act applies to the application despite the repeal of the AAT Act by this Act.

Preservation of Federal Court and Federal Magistrates Court applications in progress

(2) If:

(a) before abolition time, an application was lodged with the Federal Court or the Federal Magistrates Court under the ADJR Act for an order of review in respect of:

(i) a decision of the AAT; or

(ii) conduct engaged in for the purpose of making a decision of the AAT; or

(iii) a failure to make a decision of the AAT; and


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(b) by AAT abolition time, the Federal Court, the Family Court (where proceedings in respect of the application were transferred to that court in accordance with section 18A of the ADJR Act) or the Federal Magistrates Court had not heard and determined the application;

subject to subitem (3), the ADJR Act applies to the application despite the repeal of the AAT Act by this Act.

Modified application of ADJR Act provisions relating to Federal Court and Federal Magistrates Court applications

(3) For the purposes of the application or continued application of the ADJR Act in accordance with subitem (1) or (2):

(a) the power of the Federal Court, the Family Court or the Federal Magistrates Court to make an order referring the matter to which the decision relates to the AAT for further consideration is instead a power to make an order referring the matter to which the decision relates to the ART for further consideration; and

(b) if any such order is made, the ART Act applies to the ART's further consideration of the matter as if it were the review of a first-tier decision; and

(c) any other power that:

(i) the Federal Court, the Family Court or the Federal Magistrates Court would have under the ADJR Act in hearing and determining the application; and

(ii) would allow the court to require the AAT to do any thing;

is instead a power to require the ART to do the thing.

49 Preservation of other review application rights and reviews in progress

Preservation of other review application rights

(1) If an application to any court (other than under the AAT Act or the ADJR Act), tribunal, person or authority for review in respect of:

(a) a decision of the AAT; or

(b) conduct engaged in for the purpose of making a decision of the AAT; or

(c) a failure to make a decision of the AAT;

had not been made before AAT abolition time:

(d) such an application continues to be able to be made in relation to the decision, and section 10 of the ADJR Act continues to apply in relation to the application, in the same way as it would if the AAT Act had not been repealed by this Act; and

(e) if, as a result, such an application is made after AAT abolition time, then, subject to subitem (3), the application is to be heard and determined in the same way as it would if the AAT Act had not been repealed by this Act.

Preservation of other reviews in progress

(2) If:

(a) before abolition time, an application had been made to any court (other than under the AAT Act or the ADJR Act), tribunal, person or authority for review in respect of:

(i) a decision of the AAT; or

(ii) conduct engaged in for the purpose of making a decision of the AAT; or

(iii) a failure to make a decision of the AAT; and

(b) by AAT abolition time, the court, tribunal, person or authority had not heard and determined the application;

subject to subitem (3), the application is to be heard and determined in the same way as it would if the AAT Act had not been repealed by this Act.

Modified powers of bodies conducting reviews in progress

(3) For the purposes of hearing and determining an application in accordance with subitem (1) or (2):

(a) any power of the court, tribunal, person or authority to refer the matter to which the decision relates to the AAT for further consideration is instead a power to refer the matter to which the decision relates to the ART for further consideration; and

(b) if any such matter is referred, the ART Act applies to the ART's further consideration of the matter as if it were the review of a first-tier decision; and

(c) any other power that:

(i) the court, tribunal, person or authority would have in hearing and determining the application; and

(ii) would allow the court, tribunal, person or authority to require the AAT to do any thing;

is instead a power to require the ART to do the thing.

50 Preservation of powers to waive and refund fees

(1) The Chief Executive Officer of the ART may waive payment of any fee for an application that was made under the AAT Act before AAT abolition time if, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, the Chief Executive Officer is of the opinion that payment of the fee would cause financial hardship to the person.

(2) If the Chief Executive Officer does so:

(a) in any case--to the extent that the fee was paid before the waiver, the fee must be refunded to the person who paid it; and

(b) in the case of an application to the AAT for review of a decision--for the purposes of determining under this Schedule whether the application was duly made before AAT abolition time, the application is taken to have been made when

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it was lodged with the AAT.

(3) The ART may certify that proceedings under the AAT Act that terminated before AAT abolition time terminated in a manner favourable to the applicant. If the ART does so, the person who paid an application fee in relation to the proceedings is entitled to a refund of the fee.

51 Preservation of costs directions etc.

(1) If:

(a) before AAT abolition time, the President of the AAT had given a direction:

(i) under paragraph 69A(1)(a) of the AAT Act, for costs to be taxed and settled by the AAT; or

(ii) under paragraph 69A(1)(b) of the AAT Act, for costs to be taxed by the Registrar, a District Registrar or a Deputy Registrar; and

(b) by AAT abolition time, the costs had not been taxed, or had not been taxed and settled;

then:

(c) if paragraph (a) applies--the ART must tax the costs and, when it does so, section 156 of the ART Act applies as if the ART had done so under that section; and

(d) if paragraph (b) applies--the Chief Executive Officer of the ART must tax the costs in accordance with the direction and, when he or she does so, section 156 of the ART Act applies as if the ART had done so under that section.

(2) If:

(a) before AAT abolition time, an application had been made to the AAT under subsection 69A(2) of the AAT Act for review of an amount taxed; and

(b) by AAT abolition time, the AAT had not reviewed the amount and done any of the things permitted by subsection 69A(3) of the AAT Act;

section 156 of the ART Act applies as if the application had been made to the ART under subsection (2) of that section and the costs had been taxed by the Chief Executive Officer of the ART.

Part 10--Other transitional matters

52 Attorney-General's certificate under subsection 38(2) of the ASIO Act

A certificate that the Attorney-General gave under subsection 38(2) of the Australian Security Intelligence Organisation Act 1979 before AAT abolition time has effect after that time as if it had been given under subsection 38(2) of that Act as in force after that time.

Part 11--Administrative Review Council appointments, performance of functions etc. unaffected by repeal of Part V of AAT Act

53 Administrative Review Council appointments, performance of functions etc.

(1) After Part V of the AAT Act is repealed by section 3 of this Act, the following have effect as if they had taken place, at the time they actually took place, under Part 11 of the ART Act:

(a) any appointment under Part V of the AAT Act of any member of the Administrative Review Council that was in force immediately before that Part was repealed; or

(b) the conduct of any inquiry, or the doing of any other thing, by the Administrative Review Council that began or was completed under Part V of the AAT Act before that Part was repealed; or

(c) the referral of any matter to the Administrative Review Council, or the doing of any other thing, by the Attorney-General, that took place under Part V of the AAT Act before that Part was repealed; or

(d) the doing of any other thing under Part V of the AAT Act before that Part was repealed.

(2) If, when this Part commences, the operations of the Administrative Review Council under Part V of the AAT Act during the whole or part of a financial year have not been covered by a report that has been furnished in accordance with subsection 58(2) of the AAT Act, those operations must be covered in the first report of the Administrative Review Council under section 193 of the ART Act.

Schedule 16--Application and transitional provisions relating to abolition of specialist migration tribunals and establishment of Administrative Review Tribunal Part 1--Abolition of Migration Review Tribunal

Division 1--Definitions

1 Definitions

In this Part:

ART means the Administrative Review Tribunal established by the ART Act.

ART Act means the Administrative Review Tribunal Act 2000.

Federal Court means the Federal Court of Australia.

member of the MRT means a member within the meaning of section 337 of the Migration Act 1958 as in force immediately

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before MRT abolition time.

MRT means the Migration Review Tribunal established by Division 1 of Part 6 of the Migration Act 1958, as in force immediately before MRT abolition time.

MRT abolition time means the time when Schedule 14 to this Act commences.

President of the ART means the President as defined by section 6 of the ART Act.

presiding member of the ART means the member of the ART who, in accordance with section 88 of the ART act, presides.

presiding member of the MRT means the presiding member, within the meaning of section 337 of the Migration Act 1958 as in force immediately before MRT abolition time, of the MRT.

Division 2--Members of the Migration Review Tribunal

2 Deemed appointment of MRT members as ART members

(1) A person who was, immediately before MRT abolition time, a member of the MRT is taken to be appointed, immediately after that time, under subsection 13(2) of the ART Act as a member of the ART.

(2) The person is taken to have been so appointed:

(a) as a member who is not an executive member or senior member; and

(b) to the Immigration and Refugee Division of the ART; and

(c) for a period of 12 months.

Division 3--Transfer of evidence, records and documents etc.

3 Transfer of records and documents

Any evidence (including any oral evidence that has been recorded in any form), records, documents or other things (including those in electronic form) relating to the MRT's review of decisions that were in the possession of the MRT immediately before MRT abolition time are to be transferred to the ART.

4 Return of documents by Federal Court

If, immediately before MRT abolition time, the Federal Court has any documents that, if Part 6 of the Migration Act 1958 had not been repealed, the Court would at any time be required to return to the MRT:

(a) the Court must instead transfer the documents to the ART at the time when it would otherwise have been required to return them to the MRT; and

(b) the President of the ART may return the documents to the person who gave them to the MRT.

Division 4--Annual report

5 Annual report

(1) The President of the ART must, as soon as practicable after MRT abolition time, give a report to the Minister for Immigration and Multicultural Affairs, for presentation to the Parliament, on the MRT's activities during the period since 30 June 2000.

(2) The report must be prepared in accordance with guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.

Division 5--Rights to notice and statements in relation to pre-MRT abolition time decisions reviewable by MRT

6 Notice of pre-MRT abolition time decision and review rights

Sections 339A and 340 of the Migration Act 1958 as in force after MRT abolition time only apply to a decision made before MRT abolition time, in respect of which an application for review by the MRT of the decision could be made, if notice of the decision was not given before MRT abolition time under section 66 or 127 of the Migration Act 1958 Act as then in force.

Division 6--Applications for ART review of pre-MRT abolition time decisions reviewable by MRT

7 Applications for ART review of pre-MRT abolition time decisions reviewable by MRT to be made in certain cases only

An application under section 343 of the Migration Act 1958 as in force after MRT abolition time for review of a decision made before MRT abolition time, in respect of which an application for review by the MRT of the decision could be made, can only be made in accordance with this Part.

8 Applications for ART review of pre-MRT abolition time decisions reviewable by MRT where time limit has not expired

If:

(a) before MRT abolition time, a person entitled to make an application for MRT review of a decision had not properly made such an application; and

(b) by MRT abolition time, the prescribed period for doing so had not ended;

such a person may, after MRT abolition time, apply to the ART under section 343 of the Migration Act 1958 as then in force for review of the decision, provided the person does so before the period ends.

Note: If the Minister for Immigration and Multicultural Affairs had, before MRT abolition time, given a certificate under section 339 of the Migration Act 1958 in relation to a decision, an application for MRT review of the decision could not have been made. Hence no application can be made for ART review of the decision.


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Division 7--ART continuation of MRT review

9 ART to conduct review where application for MRT review properly made but no MRT decision made

If:

(a) before MRT abolition time, a person had properly made an application to the MRT for review of a decision; and

Note: An application properly made would include an application that is taken by subitem 40(1) of Part 2 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 1998 to have been properly made.

(b) by MRT abolition time, the MRT had not made its decision under section 349 of the Migration Act 1958 on the application;

then, subject to the remainder of this Part, Part 5 of the Migration Act 1958 as in force after MRT abolition time applies in relation to the application as if it were an application for review by the ART of a reviewable general visa decision that:

(c) complied with the requirements of sections 344, 346, 346A and 347 of that Act as then in force; and

(d) was made to the ART at the time when it was made to the MRT.

10 Modified ART review--constitution of ART

(1) For the purposes of the ART's review of the decision to which item 9 applies:

(a) the President of the ART is taken to have given, immediately after MRT abolition time, a written direction under subsection 354(2) of the Migration Act 1958 as then in force that the member or members who constituted the MRT for the purpose of its review immediately before MRT abolition time are to constitute the ART; and

(b) if:

(i) the direction, under subsection 354(2) of the Migration Act 1958 as in force before MRT abolition time, constituting the MRT for its review of the decision required 2 or 3 members to constitute the MRT; and

(ii) as a result of paragraph (a) of this subitem, fewer than the 2 or 3 members constitute the ART for the purpose of its review of the decision;

the President of the ART may give a written direction under subsection 354(2) of the Migration Act 1958 as in force immediately after MRT abolition time, in accordance with directions under section 353A of that Act, that an additional member or members are to constitute the ART, provided this does not result in more than the 2 or 3 members mentioned in paragraph (b) of this subitem constituting the ART.

Note: The MRT members are taken by item 2 to have been appointed to the ART.

(2) For the purposes of giving a direction under paragraph (1)(b), subsection 354(3) of the Migration Act 1958 does not apply.

11 Modified ART review where pre-MRT abolition time notice of application given

If:

(a) before MRT abolition time, notice of the application to the MRT for review of the decision to which item 9 applies was given to the Secretary of the Department of Immigration and Multicultural Affairs, in accordance with subsection 352(1) of the Migration Act 1958; or

(b) before MRT abolition time, a requirement had arisen under subsection 352(2) or (3) of the Migration Act 1958 for the Secretary of the Department of Immigration and Multicultural Affairs to give copies of a statement to the Registrar of the MRT, but that obligation had not been complied with by MRT abolition time; or

(c) before MRT abolition time, a requirement had arisen under subsection 352(4) of the Migration Act 1958 for the Secretary of the Department of Immigration and Multicultural Affairs to give documents or parts of documents to the Registrar of the MRT, but that obligation had not been complied with by MRT abolition time; or

(d) before MRT abolition time, the Secretary of the Department of Immigration and Multicultural Affairs gave documents or parts of documents to the Registrar of the MRT in accordance with subsection 352(4) of the Migration Act 1958;

then, after MRT abolition time:

(e) if paragraph (a) applies--section 347B of the Migration Act 1958 as then in force does not apply in relation to the ART's review of the decision, but Part 5 of that Act applies in relation to that review as if the notice of the application mentioned in paragraph (a) of this item had been given under that section and had related to the review; or

(f) if paragraph (b) applies--the requirement to give the copies mentioned in that paragraph continues despite the amendments made by this Schedule, but is instead a requirement to give them to the Chief Executive Officer of the ART; or

(g) if paragraph (c) applies:

(i) the requirement to give the documents or parts of documents mentioned in that paragraph continues despite the amendments made by this Schedule, but is instead a requirement to give them to the Chief Executive Officer of the ART; and

(ii) if they are given, Part 5 of the Migration Act 1958 as then in force applies as if they were given under section 347C of that Act;

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or

(h) if paragraph (d) applies--subsection 347C(1) of the Migration Act 1958 as in force after MRT abolition time does not apply in relation to the ART's review of the decision, but Part 5 of that Act applies in relation to that review as if the documents or parts of documents mentioned in paragraph (d) of this item had been given to the ART under that subsection and had related to that review.

12 Modified ART review--continuation of invitations to give additional information or comment etc.

If:

(a) before MRT abolition time, a person was invited:

(i) under section 359 of the Migration Act 1958 to give additional information; or

(ii) under section 359A of that Act to comment on information; or

(iii) under section 360 of that Act to appear before the MRT to give evidence and present arguments;

in relation to the MRT's review of the decision to which item 9 applies; and

(b) by MRT abolition time, the person had not given the information, commented or appeared before the MRT to give evidence and present arguments;

the invitation has effect after MRT abolition time as if it had been given under section 359, 359A or 361, respectively, of the Migration Act 1958 as then in force, and had related to the ART's review of the decision.

13 Modified ART review--continuation of non-appearance requirement

If, before MRT abolition time, the applicant in relation to the MRT's review of the decision to which item 9 applies was, because of subsection 360(3) of the Migration Act 1958, not entitled to appear before the MRT, the applicant is not entitled to appear before the ART in relation to the ART's review of the decision.

14 Modified ART review where pre-MRT abolition time invitation to appear

If:

(a) before MRT abolition time, the MRT had, under section 360A of the Migration Act 1958, given notice to the applicant for review of the decision to which item 9 applies; and

(b) by MRT abolition time, the time specified in the notice had not passed;

then, for the purposes of the ART's review of the decision:

(c) sections 361 and 362B of the Migration Act 1958, as in force immediately before MRT abolition time, have the same effect after MRT abolition time in relation to the notice as they would if they had not been repealed or amended by this Act; and

(d) sections 361B and 362B of the Migration Act 1958 as in force after MRT abolition time do not apply in relation to the applicant.

15 Modified ART review--continuation of requirement where applicant wishes witnesses etc. to be called

If:

(a) before MRT abolition time, the MRT was required by subsection 361(3) of the Migration Act 1958 to have regard to a notice by the applicant in relation to the MRT's review of the decision to which item 9 applies; and

(b) by MRT abolition time, the MRT had not complied with the notice;

the ART must, in its review of the decision, have regard to the notice, but is not required to comply with it.

16 Modified ART review--continuation of effect of decision not to obtain evidence at request of applicant

If:

(a) before MRT abolition time, the MRT was required by paragraph 362(2)(a) of the Migration Act 1958 to have regard to a request by the applicant in the MRT's review of the decision to which item 9 applies; and

(b) the request was that the MRT obtain oral evidence from a specified person or persons; and

(c) before MRT abolition time, the MRT decided not to obtain evidence (oral or otherwise) from the person or one or more of the persons specified in the request;

the ART must not obtain such evidence from the person or the one or more persons.

17 Modified ART review--continuation of effect of failure of applicant to appear before MRT

If:

(a) before MRT abolition time, the MRT was entitled under subsection 362B(1) of the Migration Act 1958 to make a decision on its review of the decision to which item 9 applies without taking any further action to allow or enable the applicant for the review to appear before it; and

(b) by MRT abolition time, the MRT had not made such a decision;

then, for the purposes of the ART's review of the decision, the ART may:

(c) make a decision on its review of the decision without taking any further action to allow or enable the applicant for the review to appear before it; or

(d) schedule the applicant's appearance before it, or delay its decision on the review in order to enable the applicant to appear before it as scheduled.


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18 Modified ART review--continuation of adjournment

If, before MRT abolition time, the MRT had adjourned its review of the decision to which item 9 applies to a time (the recommencement time) after MRT abolition time, the ART must not commence its review of the decision before the recommencement time.

19 Modified ART review--continuation of requirement for investigation

If:

(a) before MRT abolition time, the MRT had, under paragraph 363(1)(d) of the Migration Act 1958, required the Secretary of the Department of Immigration and Multicultural Affairs to arrange for the making of an investigation or a medical examination, and report to the MRT, with respect to the MRT's review of the decision to which item 9 applies; and

(b) by MRT abolition time:

(i) the investigation or examination had not commenced or been completed; or

(ii) the investigation or examination had been completed but the report had not been commenced, completed or given to the MRT;

the Secretary of the Department of Immigration and Multicultural Affairs must, with respect to the ART's review of the decision, arrange for:

(c) if subparagraph (b)(i) applies--the investigation or examination to commence or be completed, and a report of the investigation or examination to be then given to the ART; or

(d) if subparagraph (b)(ii) applies--the report to be commenced or completed and then given to the ART, or to be given to the ART, as the case requires.

20 Modified ART review--continuation of combined reviews

If, immediately before MRT abolition time, the MRT's reviews of 2 or more decisions to which item 9 applies were combined under subsection 363(2) of the Migration Act 1958, the ART must combine its review of the decisions.

21 Modified ART review--continuation of effect of summons

If:

(a) before MRT abolition time, the presiding member of the MRT in relation to the MRT's review of a decision to which item 9 applies had:

(i) under paragraph 363(3)(a) of the Migration Act 1958, summoned a person to appear before the MRT to give evidence; or

(ii) under paragraph 363(3)(b) of the Migration Act 1958, summoned a person to produce documents to the MRT; and

(b) the time for the person to appear before the MRT to give the evidence, or to produce the documents to the MRT, in accordance with the summons was after MRT abolition time;

the summons has effect, for the purposes of the ART's review of the decision, as if it had been issued under paragraph 364A(1)(a) or (b) of the Migration Act 1958 as in force after MRT abolition time, and had required the person to appear before the ART to give the evidence or to produce the documents to the ART at the time when the person was required to appear before the MRT or to produce the documents to the MRT.

22 Modified ART review--continuation of effect of authorisation to take evidence

Continuation of authorisation

(1) If, immediately before MRT abolition time, a person was authorised under subsection 364(1) of the Migration Act 1958 to take evidence on oath or affirmation for the purpose of the MRT's review of the decision to which item 9 applies:

(a) the person is taken to have been authorised immediately after MRT abolition time, under that subsection as then in force, to take evidence on oath or affirmation for the purpose of the ART's review of the decision; and

(b) if any limitations were specified under subsection 364(2) of the Migration Act 1958 by the presiding member of the MRT in relation to the exercise of the power--the same limitations are taken to have been specified by the presiding member of the ART in relation to the exercise of the power.

Continuation of requirements under authorisation etc.

(2) If, before MRT abolition time, a person had taken evidence under subsection 364(1) of the Migration Act 1958 for the purpose of the MRT's review of the decision to which item 9 applies:

(a) where, by MRT abolition time, the person had not caused a written record of the evidence to be made and sent, or to be sent, to the presiding member of the MRT--the person must, after MRT abolition time, cause a written record of the evidence to be made and sent, or to be sent, to the presiding member of the ART; and

(b) where, by MRT abolition time, the person had caused a written record of the evidence to be made and sent to the presiding member of the MRT--the ART is taken, for the purposes of its review of the decision, to have given the applicant an opportunity to appear before it to give evidence.

23 Modified ART review--continuation of effect of directions requiring review to be in private

(1) If:

(a) before MRT abolition time, the MRT, under section 365 of the Migration Act 1958:

(i) gave a direction, in relation to its review of the decision to which item 9 applies, that particular oral evidence was to be taken in private;

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or

(ii) gave a direction, in relation to that review, as to the persons who may be present when particular oral evidence was taken in accordance with a direction mentioned in subparagraph (i); and

(b) by MRT abolition time, the particular oral evidence had not been taken;

the direction has effect after MRT abolition time as if it had been given immediately after MRT abolition time under that section as then in force and had related to the ART's review of the decision.

(2) If, before MRT abolition time, the MRT under section 365 of the Migration Act 1958:

(a) gave a direction, in relation to its review of the decision to which item 9 applies, that oral evidence for the purposes of the review was to be taken in private; or

(b) gave a direction, in relation to that review, as to the persons who may be present when oral evidence was taken in accordance with a direction mentioned in paragraph (a);

the direction has effect after MRT abolition time as if it had been given immediately after MRT abolition time under that section as then in force and had related to the ART's review of the decision.

24 Modified ART review--continuation of permission to allow appearance by telephone etc.

If:

(a) before MRT abolition time, the MRT had, in relation to its review of the decision to which item 9 applies, allowed, under subsection 366(1) of the Migration Act 1958, the applicant to appear before the MRT, or the applicant or another person to give evidence to the MRT, by a means set out in paragraph (a), (b) or (c) of that subsection; and

(b) by MRT abolition time, the applicant had not appeared, or the applicant or other person had not given evidence;

the ART is taken, for the purposes of its review of the decision, to have allowed, immediately after MRT abolition time, under that subsection as then in force, the applicant to appear before it, or the applicant or other person to give evidence to it, by the same means.

25 Modified ART review--continuation of appointment of interpreter

If, before MRT abolition time, the MRT had, in relation to its review of the decision to which item 9 applies, appointed an interpreter under section 366C of the Migration Act 1958 for the purposes of communication between the MRT and a person, the ART is taken to have appointed the interpreter, immediately after MRT abolition time, under that section as then in force, for the purposes of communication between the ART and the person in relation to the ART's review of the decision.

26 Modified ART review--continuation of extension of period for completing certain reviews

If:

(a) before MRT abolition time, the MRT had, under subsection 367(2) of the Migration Act 1958, extended the period within which the MRT must make and notify its decision on its review of the decision to which item 9 applies; and

(b) by MRT abolition time, that period as extended (the extended period) had not ended; and

(c) the period prescribed for the purposes of section 366E of the Migration Act 1958 in its application to the ART's review of the decision ends before the end of the extended period;

the ART is taken, immediately after MRT abolition time, under section 366E of the Migration Act 1958 as then in force, to have extended, until the end of the extended period, the period prescribed for the purposes of that section in its application to the ART's review of the decision.

27 Modified ART review--continuation of effect of certificates by Minister for Immigration and Multicultural Affairs

If, before MRT abolition time, the Minister for Immigration and Multicultural Affairs issued a certificate under section 375, 375A or 376 of the Migration Act 1958 in relation to MRT's review of the decision to which item 9 applies, that certificate has effect after MRT abolition time as if it had been issued immediately after MRT abolition time, under that section as then in force, and related to the ART's review of the decision.

28 Modified ART review--continuation of pre-MRT abolition directions restricting publication

If, immediately before MRT abolition time, a direction under subsection 378(1) of the Migration Act 1958 was in force in relation to the decision to whose review item 9 applies, section 378 of that Act as then in force continues to apply to the direction despite the amendments made by this Act.

29 Modified ART review--need for efficiency etc.

(1) The ART must, in conducting its review of the decision to which item 9 applies, ensure that the transition from MRT review to ART review takes place as efficiently as possible, having regard to the objects set out in section 3 (other than paragraph (d)) of the ART Act.

(2) In particular, the ART must, in conducting its review of the decision to which item 9 applies, have regard to all evidence (including oral evidence in any form), records, documents or other things (including those in electronic form) relating to the MRT's review of the decision that are transferred to it

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in accordance with item 3.

(3) Also, if:

(a) when the decision was under review by the MRT, persons appeared before the MRT to give evidence and present arguments relating to issues arising in relation to the decision; and

(b) the ART does not allow the persons to appear before the ART to give the same evidence or present the same arguments;

this cannot form the basis of a ground for review by the Federal Court under Part 8 of the Migration Act 1958 or otherwise, of any decision made, or other thing done, by the ART.

Division 8--Effect of repeal of Part 6 of Migration Act 1958 on MRT decisions and Federal Court appeals against such decisions etc.

30 Preservation of effect of MRT decisions

A decision of the MRT under section 349 of the Migration Act 1958 continues to have effect after MRT abolition time despite the amendments made by this Act.

31 Preservation of requirement to give statement of reasons for MRT decision

(1) If:

(a) before MRT abolition time, the MRT had made its decision under section 349 of the Migration Act 1958 on review of a decision; and

(b) the MRT was required by section 368B of that Act to hand down the decision, but had not done so by MRT abolition time;

the ART must:

(c) if the MRT had prepared a statement under subsection 368(1) of the Migration Act 1958 before MRT abolition time--give a copy of the statement to the applicant and to the Secretary of the Department of Immigration and Multicultural Affairs within 14 days after this item commences; or

(d) if not--prepare a statement of the kind required by that subsection and give it to the applicant and the Secretary of the Department of Immigration and Multicultural Affairs, in accordance with subsection 368A(3) of the Migration Act 1958 as in force immediately after MRT abolition time, within 14 days after this item commences.

(2) If:

(a) before MRT abolition time, a requirement had arisen under subsection 368B(6) or (7) or 368D(1) of the Migration Act 1958 for the MRT to give a copy of a statement in relation to a decision of the MRT; and

(b) by MRT abolition time, the MRT had not given the copy;

the ART must give the copy within 14 days after this item commences.

32 Preservation of MRT requirement for decision-maker to reconsider a decision or matter

If:

(a) before MRT abolition time, the MRT, under paragraph 349(2)(c) of the Migration Act 1958, remitted a matter for reconsideration in accordance with directions or recommendations of the MRT; and

(b) by MRT abolition time, the matter had not been reconsidered;

the requirement to reconsider the matter continues despite the amendments made by this Act.

33 Preservation of Minister's power to substitute more favourable decision

Section 351 of the Migration Act 1958, as in force immediately before MRT abolition time, continues to apply to a decision of the MRT under section 349 of that Act despite the amendments made by this Act.

34 Preservation of offence of disclosing confidential information

Section 377 of the Migration Act 1958, as in force immediately before MRT abolition time, continues to apply to information or documents obtained before MRT abolition time despite the amendments made by this Act.

35 Preservation of Federal Court application rights and reviews in progress

Preservation of application rights

(1) If an application to the Federal Court for review of a decision of the MRT had not been made by a person before MRT abolition time:

(a) Part 8 of the Migration Act 1958 as in force immediately before MRT abolition time continues to apply for the purposes of making an application in relation to the decision despite the amendments made by this Act; and

(b) if, as a result, a person makes an application to the Federal Court after MRT abolition time--subject to subitem (3), Part 8 of the Migration Act 1958 as in force immediately before MRT abolition time applies to the application despite the amendments made by this Act.

Preservation of Federal Court reviews in progress

(2) If:

(a) before MRT abolition time, an application to the Federal Court was made under Part 8 of the Migration Act 1958 for review of a decision of the MRT; and

(b) the Federal Court had not made its order on the review before MRT abolition time;


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subject to subitem (3), Part 8 of the Migration Act 1958 continues to apply in relation to that application despite the amendments made by this Act.

Modified application of Part 8 of Migration Act 1958

(3) For the purposes of the application or continued application of Part 8 of the Migration Act 1958 as in force before MRT abolition time in relation to an application for review of a decision in accordance with subitem (1) or (2):

(a) the power of the Federal Court under paragraph 481(1)(b) of the Migration Act 1958 to make an order referring the matter to which the decision relates to the MRT for further consideration is instead a power to make an order referring the matter to the ART for further consideration; and

(b) if any such order is made, Part 5 of the Migration Act 1958 as in force immediately after MRT abolition time applies to the ART's further consideration; and

(c) any other power to make an order that:

(i) the Federal Court would have under the Migration Act 1958 in hearing and determining the application; and

(ii) would allow the Court to require the MRT to do any thing;

is instead a power to make an order requiring the ART to do the thing.

36 Preservation of other review application rights and reviews in progress

Preservation of other application rights

(1) If an application to any court (other than under the Migration Act 1958) in respect of a decision of the MRT had not been made before MRT abolition time:

(a) such an application continues to be able to be made in relation to the decision in the same way as it would if the amendments made by this Act had not been made; and

(b) if, as a result, such an application is made after MRT abolition time, then, subject to subitem (3), the application is to be heard and determined in the same way as it would if the amendments made by this Act had not been made.

Preservation of other applications in progress

(2) If:

(a) before MRT abolition time, an application had been made to any court (other than under the Migration Act 1958) in respect of a decision of the MRT; and

(b) by MRT abolition time, the court had not heard and determined the application;

subject to subitem (3), the application is to be heard and determined in the same way as it would if the amendments made by this Act had not been made.

Modified powers of courts determining applications in progress

(3) For the purposes of hearing and determining an application in accordance with subitem (1) or (2):

(a) any power of the court to refer the matter to which the decision relates to the MRT for further consideration is instead a power to refer the matter to which the decision relates to the ART for further consideration; and

(b) Part 5 of the Migration Act 1958 as in force immediately after MRT abolition time applies to the ART's further consideration; and

(c) any other power that:

(i) the court would have in hearing and determining the application; and

(ii) would allow the court to require the MRT to do any thing;

is instead a power to require the ART to do the thing.

Part 2--Abolition of Refugee Review Tribunal

Division 1--Definitions

37 Definitions

In this Part:

ART means the Administrative Review Tribunal established by the ART Act.

ART Act means the Administrative Review Tribunal Act 2000.

Federal Court means the Federal Court of Australia.

member of the RRT means a member within the meaning of section 410 of the Migration Act 1958 as in force immediately before RRT abolition time.

President of the ART means the President as defined by section 6 of the ART Act.

presiding member of the ART means the member of the ART who, in accordance with section 88 of the ART act, presides.

RRT means the Refugee Review Tribunal established by Division 9 of Part 7 of the Migration Act 1958, as in force immediately before RRT abolition time.

RRT abolition time means the time when Schedule 14 to this Act commences.

Division 2--Members of the Refugee Review Tribunal


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38 Deemed appointment of RRT members as ART members

(1) A person who was, immediately before RRT abolition time, a member of the RRT is taken to be appointed, immediately after that time, under subsection 13(2) of the ART Act as a member of the ART.

(2) The person is taken to have been so appointed:

(a) as a member who is not an executive member or senior member; and

(b) to the Immigration and Refugee Division of the ART; and

(c) for a period of 12 months.

Division 3--Transfer of evidence, records and documents etc.

39 Transfer of records and documents

Any evidence (including any oral evidence that has been recorded in any form), records, documents or other things (including those in electronic form) relating to the RRT's review of decisions that were in the possession of the RRT immediately before RRT abolition time are to be transferred to the ART.

40 Return of documents by Federal Court

If, immediately before RRT abolition time, the Federal Court has any documents that, if Part 7 of the Migration Act 1958 had not been repealed, the Court would at any time be required to return to the RRT:

(a) the Court must instead transfer the documents to the ART at the time when it would otherwise have been required to return them to the RRT; and

(b) the President of the ART may return the documents to the person who gave them to the RRT.

Division 4--Annual report

41 Annual report

(1) The President of the ART must, as soon as practicable after RRT abolition time, give a report to the Minister for Immigration and Multicultural Affairs, for presentation to the Parliament, on the RRT's activities during the period since 30 June 2000.

(2) The report must be prepared in accordance with guidelines approved on behalf of the Parliament by the Joint Committee of Public Accounts and Audit.

Division 5--Rights to notice and statements in relation to pre-RRT abolition time decisions reviewable by RRT

42 Notice of pre-RRT abolition time decision and review rights

Sections 339A and 340 of the Migration Act 1958 as in force after RRT abolition time only apply to a decision made before RRT abolition time, in respect of which an application for review by the RRT of the decision could be made, if notice of the decision was not given under section 66 or 127 of that Act before RRT abolition time.

Division 6--Applications for ART review of pre-RRT abolition time decisions reviewable by RRT

43 Applications for ART review of pre-RRT abolition time decisions reviewable by RRT to be made in certain cases only

An application under section 343 of the Migration Act 1958 as in force after RRT abolition time for review of a decision made before RRT abolition time, in respect of which an application for review by the MRT of the decision could be made, can only be made in accordance with this Part.

44 Applications for ART review of pre-RRT abolition time decisions reviewable by RRT where time limit has not expired

If:

(a) before RRT abolition time, a person entitled to make an application for RRT review of a decision had not properly made such an application; and

(b) by RRT abolition time, the prescribed period for doing so had not ended;

such a person may, after RRT abolition time, apply to the ART under section 343 of the Migration Act 1958 as then in force for review of the decision, provided the person does so before the period ends.

Note: If the Minister for Immigration and Multicultural Affairs had, before RRT abolition time, given a certificate under subsection 411(3) of the Migration Act 1958 in relation to a decision, an application for RRT review of the decision could not have been made. Hence no application can be made for ART review of the decision.

Division 7--ART continuation of RRT review

45 ART to conduct review where application for RRT review properly made but no RRT decision made

If:

(a) before RRT abolition time, a person had properly made an application to the RRT for review of a decision; and

(b) by RRT abolition time, the RRT had not made its decision under section 415 of the Migration Act 1958 on the application;

then, subject to the remainder of this Part, Part 5 of the Migration Act 1958 as in force after RRT abolition time applies in relation to the application as if it were an application for review by the ART of a reviewable protection visa decision that:

(c) complied with the requirements of sections 344, 346, 346A and 347 of that Act as then in force; and

(d) was made to the ART at the time when it was made to the RRT.


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46 Modified ART review--constitution of ART

For the purposes of the ART's review of the decision to which item 45 applies, the President of the ART is taken to have given, immediately after RRT abolition time, a written direction under subsection 354(2) of the Migration Act 1958 as then in force that the member who constituted the RRT for the purpose of its review immediately before RRT abolition time is to constitute the ART.

Note: The RRT members are taken by item 38 to have been appointed to the ART.

47 Modified ART review where pre-RRT abolition time notice of application given

If:

(a) before RRT abolition time, notice of the application to the RRT for review of the decision to which item 45 applies was given to the Secretary of the Department of Immigration and Multicultural Affairs, in accordance with subsection 418(1) of the Migration Act 1958; or

(b) before RRT abolition time, a requirement had arisen under subsection 418(2) of the Migration Act 1958 for the Secretary of the Department of Immigration and Multicultural Affairs to give copies of a statement to the Registrar of the RRT, but that obligation had not been complied with by RRT abolition time; or

(c) before RRT abolition time, a requirement had arisen under subsection 418(3) of the Migration Act 1958 for the Secretary of the Department of Immigration and Multicultural Affairs to give documents or parts of documents to the Registrar of the RRT, but that obligation had not been complied with by RRT abolition time; or

(d) before RRT abolition time, the Secretary of the Department of Immigration and Multicultural Affairs gave documents or parts of documents to the Registrar of the RRT in accordance with subsection 418(3) of the Migration Act 1958;

then, after RRT abolition time:

(e) if paragraph (a) applies--section 347B of the Migration Act 1958 as then in force does not apply in relation to the ART's review of the decision, but Part 5 of that Act applies in relation to that review as if the notice of the application mentioned in paragraph (a) of this item had been given under that section and had related to the review; or

(f) if paragraph (b) applies--the requirement to give the copies mentioned in that paragraph continues despite the amendments made by this Schedule, but is instead a requirement to give them to the Chief Executive Officer of the ART; or

(g) if paragraph (c) applies:

(i) the requirement to give the documents or parts of documents mentioned in that paragraph continues despite the amendments made by this Schedule, but is instead a requirement to give them to the Chief Executive Officer of the ART; and

(ii) if they are given, Part 5 of the Migration Act 1958 as then in force applies as if they were given under section 347C of that Act; or

(h) if paragraph (d) applies--subsection 347C(1) of the Migration Act 1958 as in force after RRT abolition time does not apply in relation to the ART's review of the decision, but Part 5 of that Act applies in relation to that review as if the documents or parts of documents mentioned in paragraph (d) of this item had been given to the ART under that subsection and had related to that review.

48 Modified ART review--continuation of invitations to give additional information or comment etc.

If:

(a) before RRT abolition time, a person was invited:

(i) under section 424 of the Migration Act 1958 to give additional information; or

(ii) under section 424A of that Act to comment on information; or

(iii) under section 425 of that Act to appear before the RRT to give evidence and present arguments;

in relation to the RRT's review of the decision to which item 45 applies; and

(b) by RRT abolition time, the person had not given the information, commented or appeared before the RRT to give evidence and present arguments;

the invitation has effect after RRT abolition time as if it had been given under section 359, 359A or 361, respectively, of the Migration Act 1958 as then in force, and had related to the ART's review of the decision.

49 Modified ART review--continuation of non-appearance requirement

If, before RRT abolition time, the applicant in relation to the RRT's review of the decision to which item 45 applies was, because of subsection 425(3) of the Migration Act 1958, not entitled to appear before the RRT, the applicant is not entitled to appear before the ART in relation to the ART's review of the decision.

50 Modified ART review where pre-RRT abolition time invitation to appear

If:

(a) before RRT abolition time, the RRT had, under section 425A of the

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Migration Act 1958, given notice to the applicant for review of the decision to which item 45 applies; and

(b) by RRT abolition time, the time specified in the notice had not passed;

then, for the purposes of the ART's review of the decision:

(c) sections 426 and 426A of the Migration Act 1958, as in force immediately before RRT abolition time, have the same effect after RRT abolition time in relation to the notice as they would if they had not been repealed or amended by this Act; and

(d) sections 361B and 362B of the Migration Act 1958 as in force after RRT abolition time do not apply in relation to the applicant.

51 Modified ART review--continuation of requirement where applicant wishes witnesses etc. to be called

If:

(a) before RRT abolition time, the RRT was required by subsection 426(3) of the Migration Act 1958 to have regard to a notice by the applicant in relation to the RRT's review of the decision to which item 45 applies; and

(b) by RRT abolition time, the RRT had not complied with the notice;

the ART must, in its review of the decision, have regard to the notice, but is not required to comply with it.

52 Modified ART review--continuation of effect of failure of applicant to appear before RRT

If:

(a) before RRT abolition time, the RRT was entitled under subsection 426A(1) of the Migration Act 1958 to make a decision on its review of the decision to which item 45 applies without taking any further action to allow or enable the applicant for the review to appear before it; and

(b) by RRT abolition time, the RRT had not made such a decision;

then, for the purposes of the ART's review of the decision, the ART may:

(c) make a decision on its review of the decision without taking any further action to allow or enable the applicant for the review to appear before it; or

(d) schedule the applicant's appearance before it, or delay its decision on the review in order to enable the applicant to appear before it as scheduled.

53 Modified ART review--continuation of adjournment

If, before RRT abolition time, the RRT had adjourned its review of the decision to which item 45 applies to a time (the recommencement time) after RRT abolition time, the ART must not commence its review of the decision before the recommencement time.

54 Modified ART review--continuation of requirement for investigation

If:

(a) before RRT abolition time, the RRT had, under paragraph 427(1)(d) of the Migration Act 1958, required the Secretary of the Department of Immigration and Multicultural Affairs to arrange for the making of an investigation or a medical examination, and report to the RRT, with respect to the RRT's review of the decision to which item 45 applies; and

(b) by RRT abolition time:

(i) the investigation or examination had not commenced or been completed; or

(ii) the investigation or examination had been completed but the report had not been commenced, completed or given to the RRT;

the Secretary of the Department of Immigration and Multicultural Affairs must, with respect to the ART's review of the decision, arrange for:

(c) if subparagraph (b)(i) applies--the investigation or examination to commence or be completed, and a report of the investigation or examination to be then given to the ART; or

(d) if subparagraph (b)(ii) applies--the report to be commenced or completed and then given to the ART, or to be given to the ART, as the case requires.

55 Modified ART review--continuation of combined reviews

If, immediately before RRT abolition time, the RRT's reviews of 2 or more decisions to which item 45 applies were combined under subsection 427(2) of the Migration Act 1958, the ART must combine its review of the decisions.

56 Modified ART review--continuation of effect of summons

If:

(a) before RRT abolition time, in relation to the RRT's review of a decision to which item 45 applies, the RRT had:

(i) under paragraph 427(3)(a) of the Migration Act 1958, summoned a person to appear before the RRT to give evidence; or

(ii) under paragraph 427(3)(b) of the Migration Act 1958, summoned a person to produce documents to the RRT; and

(b) the time for the person to appear before the RRT to give the evidence, or to produce the documents to the RRT, in accordance with the summons was after RRT abolition time;

the summons has effect, for the purposes of the ART's review of the decision, as if it had been issued under paragraph 364A(1)(a) or (b) of the Migration Act 1958 as in force after RRT abolition time, and had required the person to appear before the ART to give the evidence or to produce the documents to the ART at the time when the person was required to appear before the RRT or produce the documents to the RRT.


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57 Modified ART review--continuation of effect of authorisation to take evidence

Continuation of authorisation

(1) If, immediately before RRT abolition time, a person was authorised under subsection 428(1) of the Migration Act 1958 to take evidence on oath or affirmation for the purpose of the RRT's review of the decision to which item 45 applies:

(a) the person is taken to have been authorised immediately after RRT abolition time, under that subsection as then in force, to take evidence on oath or affirmation for the purpose of the ART's review of the decision; and

(b) if any limitations were specified under subsection 428(2) of the Migration Act 1958 by the RRT in relation to the exercise of the power--the same limitations are taken to have been specified by the presiding member of the ART in relation to the exercise of the power.

Continuation of requirements under authorisation etc.

(2) If, before RRT abolition time, a person had taken evidence under subsection 428(1) of the Migration Act 1958 for the purpose of the RRT's review of the decision to which item 45 applies:

(a) where, by RRT abolition time, the person had not caused a written record of the evidence to be made and sent, or to be sent, to the member of the RRT--the person must, after RRT abolition time, cause a written record of the evidence to be made and sent, or to be sent, to the presiding member of the ART; and

(b) where, by RRT abolition time, the person had caused a written record of the evidence to be made and sent to the member of the RRT--the ART is taken, for the purposes of its review of the decision, to have given the applicant an opportunity to appear before it to give evidence.

58 Modified ART review--continuation of permission to allow appearance by telephone etc.

If:

(a) before RRT abolition time, the RRT had, in relation to its review of the decision to which item 45 applies, allowed, under section 429A of the Migration Act 1958, the applicant to appear before the RRT, or the applicant or another person to give evidence to the RRT, by a means set out in paragraph (a), (b) or (c) of that section; and

(b) by RRT abolition time, the applicant had not appeared, or the applicant or other person had not given evidence;

the ART is taken, for the purposes of its review of the decision, to have allowed, immediately after RRT abolition time, under subsection 366(1) of the Migration Act 1958 as then in force, the applicant to appear before it, or the applicant or other person to give evidence to it, by the same means.

59 Modified ART review--continuation of direction about communication through an interpreter

If, immediately before RRT abolition time, a direction was in force under subsection 427(7) of the Migration Act 1958 in relation to the RRT's review of the decision to which item 45 applies, that communication with a person appearing before the Tribunal proceed through an interpreter, then, despite the amendments made by this Act, that direction continues in force for the purposes of communication with that person in relation to the ART's review of the decision.

60 Modified ART review--continuation of effect of certificates by Minister for Immigration and Multicultural Affairs

If, before RRT abolition time, the Minister for Immigration and Multicultural Affairs issued a certificate under section 437 or 438 of the Migration Act 1958 in relation to the RRT's review of the decision to which item 45 applies, that certificate has effect after RRT abolition time as if it had been issued immediately after RRT abolition time, under section 375 or 376, respectively, as then in force, and related to the ART's review of the decision.

61 Modified ART review--continuation of pre-RRT abolition directions restricting publication

If, immediately before RRT abolition time, a direction under subsection 440(1) of the Migration Act 1958 was in force in relation to the decision to whose review item 45 applies, section 440 of that Act as then in force continues to apply to the direction despite the amendments made by this Act.

62 Modified ART review--need for efficiency etc.

(1) The ART must, in conducting its review of the decision to which item 45 applies, ensure that the transition from RRT review to ART review takes place as efficiently as possible, having regard to the objects set out in section 3 (other than paragraph (d)) of the ART Act.

(2) In particular, the ART must, in conducting its review of the decision to which item 45 applies, have regard to all evidence (including oral evidence in any form), records, documents or other things (including those in electronic form) relating to the RRT's review of the decision that are transferred to it in accordance with item 39.

(3) Also, if:

(a) when the decision was under review by the RRT, persons appeared before the RRT to give evidence and present arguments relating to issues arising in relation to the decision; and


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(b) the ART does not allow the persons to appear before the ART to give the same evidence or present the same arguments;

this cannot form the basis of a ground for review by the Federal Court under Part 8 of the Migration Act 1958 or otherwise, of any decision made, or other thing done, by the ART.

Division 8--Effect of repeal of Part 7 of Migration Act 1958 on RRT decisions and Federal Court appeals against such decisions etc.

63 Preservation of effect of RRT decisions

A decision of the RRT under section 415 of the Migration Act 1958 continues to have effect after RRT abolition time despite the amendments made by this Act.

64 Preservation of requirement to give statement of reasons for RRT decision

(1) If:

(a) before RRT abolition time, the RRT had made its decision under section 415 of the Migration Act 1958 on review of a decision; and

(b) the RRT was required by section 430B of that Act to hand down the decision, but had not done so before RRT abolition time;

the ART must:

(c) if the RRT had prepared a statement under subsection 430(1) of the Migration Act 1958 before RRT abolition time--give a copy of the statement to the applicant and to the Secretary of the Department of Immigration and Multicultural Affairs within 14 days after this item commences; or

(d) if not--prepare a statement of the kind required by that subsection and give it to the applicant and the Secretary of the Department of Immigration and Multicultural Affairs, in accordance with subsection 368A(3) of the Migration Act 1958 as in force immediately after RRT abolition time, within 14 days after this item commences.

(2) If:

(a) before RRT abolition time, a requirement had arisen under subsection 430B(6) or (7) or 430D(1) of the Migration Act 1958 for the RRT to give a copy of a statement in relation to a decision of the RRT; and

(b) by RRT abolition time, the RRT had not given the copy;

the ART must give the copy within 14 days after this item commences.

65 Preservation of RRT requirement for decision-maker to reconsider a decision or matter

If:

(a) before RRT abolition time, the RRT, under paragraph 415(2)(c) of the Migration Act 1958, remitted a matter for reconsideration in accordance with directions or recommendations of the RRT; and

(b) by RRT abolition time, the matter had not been reconsidered;

the requirement to reconsider the matter continues despite the amendments made by this Act.

66 Preservation of Minister's power to substitute more favourable decision

Section 417 of the Migration Act 1958, as in force immediately before RRT abolition time, continues to apply to a decision of the RRT under section 415 of that Act despite the amendments made by this Act.

67 Preservation of offence of disclosing confidential information

Section 439 of the Migration Act 1958, as in force immediately before RRT abolition time, continues to apply to information or documents obtained before RRT abolition time despite the amendments made by this Act.

68 Preservation of Federal Court application rights and reviews in progress

Preservation of application rights

(1) If an application to the Federal Court for review of a decision of the RRT had not been made by a person before RRT abolition time:

(a) Part 8 of the Migration Act 1958 as in force immediately before RRT abolition time continues to apply for the purposes of making an application in relation to the decision despite the amendments made by this Act; and

(b) if, as a result, a person makes an application to the Federal Court after RRT abolition time--subject to subitem (3), Part 8 of the Migration Act 1958 as in force immediately before RRT abolition time applies to the application despite the amendments made by this Act.

Preservation of Federal Court reviews in progress

(2) If:

(a) before RRT abolition time, an application to the Federal Court was made under Part 8 of the Migration Act 1958 for review of a decision of the RRT; and

(b) by RRT abolition time, the Federal Court had not made its order on the review;

subject to subitem (3), Part 8 of the Migration Act 1958 continues to apply in relation to that application despite the amendments made by this Act.

Modified application of Part 8 of Migration Act 1958

(3) For the purposes of the application or continued application of Part 8

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of the Migration Act 1958 as in force before RRT abolition time in relation to an application for review of a decision in accordance with subitem (1) or (2):

(a) the power of the Federal Court under paragraph 481(1)(b) of the Migration Act 1958 to make an order referring the matter to which the decision relates to the RRT for further consideration is instead a power to make an order referring the matter to the ART for further consideration; and

(b) if any such order is made, Part 5 of the Migration Act 1958 as in force immediately after RRT abolition time applies to the ART's further consideration; and

(c) any other power to make an order that:

(i) the Federal Court would have under the Migration Act 1958 in hearing and determining the application; and

(ii) would allow the Court to require the RRT to do any thing;

is instead a power to make an order requiring the ART to do the thing.

69 Preservation of other review application rights and reviews in progress

Preservation of other application rights

(1) If an application to any court (other than under the Migration Act 1958) in respect of a decision of the RRT had not been made before RRT abolition time:

(a) such an application continues to be able to be made in relation to the decision in the same way as it would if the amendments made by this Act had not been made; and

(b) if, as a result, such an application is made after RRT abolition time, then, subject to subitem (3), the application is to be heard and determined in the same way as it would if the amendments made by this Act had not been made.

Preservation of other applications in progress

(2) If:

(a) before RRT abolition time, an application had been made to any court (other than under the Migration Act 1958) in respect of a decision of the RRT; and

(b) by RRT abolition time, the court had not heard and determined the application;

subject to subitem (3), the application is to be heard and determined in the same way as it would if the amendments made by this Act had not been made.

Modified powers of courts determining applications in progress

(3) For the purposes of hearing and determining an application in accordance with subitem (1) or (2):

(a) any power of the court to refer the matter to which the decision relates to the RRT for further consideration is instead a power to refer the matter to which the decision relates to the ART for further consideration; and

(b) Part 5 of the Migration Act 1958 as in force immediately after RRT abolition time applies to the ART's further consideration; and

(c) any other power that:

(i) the court would have in hearing and determining the application; and

(ii) would allow the court to require the RRT to do any thing;

is instead a power to require the ART to do the thing.

Schedule 17--Application and transitional provisions relating to abolition of Social Security Appeals Tribunal and establishment of Administrative Review Tribunal Part 1--Definitions

1 Definitions

(1) In this Schedule:

ADJR Act means the Administrative Decisions (Judicial Review) Act 1977.

ART means the Administrative Review Tribunal established by the ART Act.

ART Act means the Administrative Review Tribunal Act 2000.

FA (Administration) Act means the A New Tax System (Family Assistance) (Administration) Act 1999.

Family Court means the Family Court of Australia.

Federal Court means the Federal Court of Australia.

first-tier review has the same meaning as in the ART Act.

President of the ART means the President as defined by section 6 of the ART Act.

second-tier review has the same meaning as in the ART Act.

SS (Administration) Act means the Social Security (Administration) Act 1999.

SSAT means the Social Security Appeals Tribunal that was continued in existence by section 139 of the SS (Administration) Act.

SSAT abolition time means the time when Schedule 10 to this Act (which repeals provisions of the SS (Administration ) Act relating to the SSAT) commences.

SSAT reviewable decision means any decision made before SSAT abolition time, where, before SSAT abolition time, applications could be made to the SSAT for review of the decision under section 142 of the SS

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(Administration) Act or section 111 of the FA (Administration) Act.

(2) For the purposes of any item in this Schedule that deals with applications for review, or review, of a decision made before SSAT abolition time, a reference to the ART Act or to a provision of the ART Act is, if applicable, a reference to the ART Act, or to that provision of the ART Act, as modified:

(a) as a result of amendments made by Schedules 10 to 13 to this Act, or by any later Act, that apply to decisions of that kind that are made after SSAT abolition time; and

(b) by any other item in this Schedule.

Part 2--Transfer of records and documents

2 Transfer of records and documents

Any evidence (including any oral evidence that has been recorded in any form), records, documents and other things (including those in electronic form) relating to the review of SSAT reviewable decisions that were in the possession of the SSAT immediately before SSAT abolition time (other than any records, documents or other things that belong to another body) are to be transferred to the ART.

3 Return of documents by Courts

If, immediately before SSAT abolition time, the Federal Court or the Federal Magistrates Court has any documents relating to SSAT reviewable decisions that, if the amendments made by this Act had not been made, the Court would at any time be required to return to the SSAT:

(a) the Court must instead transfer the documents to the ART at the time when it would otherwise have been required to return them to the SSAT; and

(b) the President of the ART may return the documents to the person who gave them to the SSAT.

Part 3--Annual report

4 Annual report

(1) The President of the ART must, as soon as practicable after SSAT abolition time, give a report to the Minister for Family and Community Services on the SSAT's activities during the period since the end of the financial year in respect of which the Executive Director of the SSAT last prepared a report in accordance with clause 25 of Schedule 3 to the SS (Administration) Act.

(2) The Minister for Family and Community Services must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Part 4--Applications for ART review of SSAT reviewable decisions

5 Applications for ART review of SSAT reviewable decisions to be made in certain cases only

(1) An application can be made under section 61 of the ART Act for review of an SSAT reviewable decision at any time after SSAT abolition time by a person entitled to do so if:

(a) that decision is not one to which section 111A of the FA (Administration) Act applies; and

(b) the person had not made a valid application for review of the decision by the SSAT before SSAT abolition time.

(2) Except as provided by this Part, no other application can be made under section 61 of the ART Act for review of an SSAT reviewable decision after SSAT abolition time.

6 Applications for ART review of SSAT reviewable decisions where time limit applies

(1) If:

(a) an SSAT reviewable decision is one to which section 111A of the FA (Administration) Act applies; and

(b) the 13 weeks mentioned in that section, or that period as extended by the SSAT, had not ended before SSAT abolition time; and

(c) a person entitled to do so had not made a valid application for review by the SSAT of the decision before SSAT abolition time;

then such a person may apply to the ART under section 61 of the ART Act for first-tier review of the decision, provided the person does so, subject to subitem (2), before the time, or the time as extended by the SSAT, ends.

Extension of time to apply

(2) The ART may, on application, fix a later time than the time applicable under subitem (1) as the time by which the application mentioned in that subitem may be made, if the ART is satisfied that it is reasonable in all the circumstances to do so.

Part 5--ART continuation of SSAT review

7 ART to conduct first-tier review where application for SSAT review validly made but no SSAT decision made etc.

If:

(a) before SSAT abolition time, a person made a valid application to the SSAT for review of an SSAT reviewable decision; and

(b) by SSAT abolition time:

(i) the SSAT had not, under section 149 or 150 of the SS (Administration) Act or section 113 of the FA (Administration) Act, made its decision on

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the application; and

(ii) the application had not been dismissed;

then, subject to this Part, the ART Act, and any other Act that relates to review under the ART Act, applies in relation to the application as if it were an application for first-tier review of the decision by the ART that:

(c) complied with the requirements of Division 2 of Part 9 of that Act; and

(d) was made to the ART immediately after SSAT abolition time.

8 Modified ART review--notices and statement of reasons

(1) Sections 76 to 78 of the ART Act do not apply in relation to the first-tier review by the ART of the decision to which item 7 applies.

(2) If:

(a) before SSAT abolition time, a requirement had arisen under:

(i) subsection 157(1) of the SS (Administration) Act; or

(ii) subsection 119(1) of the FA (Administration) Act;

for the Secretary of the Department of Family and Community Services to send the application for review by the SSAT of the decision to which item 7 applies to the Executive Director of the SSAT; and

(b) by SSAT abolition time, the Secretary had not done so;

then:

(c) the Secretary must send the application to the ART as soon as practicable and, in any case where SSAT abolition time occurs less than 7 days after the requirement arose, not later than 7 days after the requirement arose; and

(d) when the ART receives the application, the Chief Executive Officer of the ART must give the applicant and the Secretary written notice that the application has been received.

(3) If:

(a) before SSAT abolition time, a requirement had arisen under:

(i) subsection 157(2) of the SS (Administration) Act; or

(ii) subsection 119(2) of the FA (Administration) Act;

for the Executive Director of the SSAT to give:

(iii) the applicant for review by the SSAT of the decision to which item 7 applies; and

(iv) the Secretary of the Department of Family and Community Services;

written notice of the application to the SSAT for review of the decision; and

(b) by SSAT abolition time, the Executive Director had not given the notice;

the Chief Executive Officer of the ART must instead give the notice.

(4) If:

(a) before SSAT abolition time, a requirement had arisen under:

(i) subsection 157(3) of the SS (Administration) Act; or

(ii) subsection 119(3) of the FA (Administration) Act;

for the Secretary of the Department of Family and Community Services to send the Executive Director of the SSAT a statement and the original or a copy of documents in relation to the review by the SSAT of the decision to which item 7 applies; and

(b) by SSAT abolition time, the Secretary had not done so;

the Secretary must send the ART the statement and original or copy as soon as practicable and, in any case where SSAT abolition time occurs less than 28 days after the requirement arose, not later than 28 days after the requirement arose.

(5) If, in accordance with subitem (2) or (3), the Secretary of the Department of Family and Community Services is given notice of the making of the application, the Secretary must, within 28 days after receiving the notice, send to the ART the statement and original or copy of each document mentioned in subsection 157(3) of the SS (Administration) Act or subsection 119(3) of the FA (Administration) Act as in force immediately before SSAT abolition time.

9 Modified ART review--pre-SSAT abolition time request to provide information or documents

(1) If:

(a) before SSAT abolition time, the SSAT under:

(i) section 165 of the SS (Administration) Act; or

(ii) section 128 of the FA (Administration) Act;

asked the Secretary of the Department of Family and Community Services to provide the SSAT with information or a document in relation to the review of the decision to which item 7 applies; and

(b) the Secretary had not done so before SSAT abolition time;

the Secretary must give the ART the information or document as soon as practicable and, in any case where SSAT abolition time occurs less than 14 days after the requirement arose, not later than 14 days after the requirement arose.

(2) If:

(a) before SSAT abolition time, a requirement arose under:

(i) section 166 of the SS (Administration) Act; or

(ii) section 129 of the FA (Administration) Act;

for the Secretary of the Department of Family and Community Services to exercise the Secretary's powers under section 192 of the SS (Administration) Act or section 154 of the FA (Administration) Act in relation to the review of the decision to which item 7 applies; and

(b) the Secretary had not done so before SSAT abolition time;


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the Secretary must exercise the powers as soon as practicable and, in any case where SSAT abolition time occurs less than 7 days after the requirement arose, not later than 7 days after the requirement arose.

10 Modified ART review--pre-SSAT abolition time parties to become participants

If, before SSAT abolition time, a person was a party to the review by the SSAT of the decision to which item 7 applies, the person is, subject to Division 2 of Part 6 (other than subsection 84(1) and section 85) of the ART Act and paragraphs 128(1)(e) and 129(d) of that Act, a participant in the first-tier review of the decision by the ART.

11 Modified ART review--pre-SSAT abolition time right to representation preserved

If, before SSAT abolition time, a party to the review by the SSAT of the decision to which item 7 applies was represented by a person, then, despite section 105 of the ART Act, the party may, as a participant in the first-tier review of the decision by the ART, and in any second-tier review resulting from that first-tier review, be represented by that person or any other person.

12 Modified ART review--continuation of effect of pre-SSAT abolition time payment provisions

(1) If, immediately before SSAT abolition time, a declaration was in force under subsection 145(1) of the SS (Administration) Act or subsection 112(1) of the FA (Administration) Act in relation to the review of the decision to which item 7 applies, that declaration has a corresponding effect after SSAT abolition time in relation to the first-tier review by the ART of the decision.

(2) If, immediately before SSAT abolition time, section 147 or 148 of the SS (Administration) Act applied in relation to the review of the decision to which item 7 applies, that section has a corresponding effect after SSAT abolition time in relation to the first-tier review by the ART of the decision.

13 Modified ART review--review to be in private

Despite section 100 of the ART Act:

(a) if a participant or any other person appears before the ART in its review of the decision to which item 7 applies, that part of the review is to be in private; and

(b) if, immediately before SSAT abolition time, a direction was in force under subsection 168(2) of the SS (Administration) Act or subsection 131(2) of the FA (Administration) Act as to the persons who may be present at any hearing of the SSAT's review of the decision, that direction has effect after SSAT abolition time as if it were a direction of the ART under subsection 100(3) of the ART Act that related to the ART's review of the decision.

14 Modified ART review--need for efficiency etc.

(1) The ART must, in conducting its first-tier review of the decision to which item 7 applies, ensure that the transition from review by the SSAT to review by the ART takes place as efficiently as possible, having regard to the objects set out in section 3 of the ART Act.

(2) In particular, the ART must, in conducting its first-tier review of the decision to which item 7 applies, have regard to all evidence (including any oral evidence that has been recorded in any form), records, documents and other things (including those in electronic form) relating to the review by the SSAT of the decision that are transferred to it in accordance with item 2.

(3) Also, if:

(a) when the decision was under review by the SSAT, persons appeared before the SSAT to give evidence and present arguments relating to issues arising in relation to the decision; and

(b) the ART does not allow the persons to appear before the ART to give the same evidence or present the same arguments;

this is not a ground for an appeal to the Federal Court under Part 10 of the ART Act, or for review by that Court or by any other court, of any decision made, or other thing done, by the ART.

Part 6--Effect of amendments made by this Act on SSAT decisions etc.

15 Preservation of effect of SSAT decisions

A decision of the SSAT under section 149 or 150 of the SS (Administration) Act or 113 of the FA (Administration) Act continues to have effect after SSAT abolition time despite the amendments made by this Act.

16 Preservation of requirement for copies of statements etc. to be given

If:

(a) before SSAT abolition time, a requirement had arisen for the SSAT:

(i) to give a person a copy of a statement in accordance with paragraph 177(1)(b) or (c) of the SS (Administration) Act or 141(1)(b) of the FA (Administration) Act; or

(ii) to return a document to the Secretary of the Department of Family and Community Services in accordance with paragraph 177(1)(d) of the SS (Administration) Act or 141(1)(c) of the FA (Administration) Act; or

(iii) to give the Secretary of the Department of Family and Community Services

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a copy of a document in accordance with paragraph 177(1)(e) of the SS (Administration) Act or 141(1)(d) of the FA (Administration) Act; and

(b) by SSAT abolition time, the SSAT had not done so;

then:

(c) if subparagraph (a)(i) applies--the ART must, as soon as practicable and, in any case where SSAT abolition time occurs less than 14 days after the requirement arose, not later than 14 days after the requirement arose, give the person the copy of the statement mentioned in that subparagraph; and

(d) if subparagraph (a)(ii) applies--the ART must, as soon as practicable, return the document mentioned in that subparagraph to the Secretary of the Department of Family and Community Services; and

(d) if subparagraph (a)(iii) applies--the ART must, as soon as practicable, give the Secretary of the Department of Family and Community Services the copy of the document mentioned in that subparagraph.

17 Preservation of requirement for Secretary or Chief Executive Officer to reconsider a decision etc.

(1) If:

(a) before SSAT abolition time, the SSAT, under subsection 149(1) or section 150 of the SS (Administration) Act or subsection 113(1) of the FA (Administration) Act, had sent a matter back to the Secretary of the Department of Family and Community Services or the Chief Executive Officer of the Commonwealth Services Delivery Agency for reconsideration; and

(b) the Secretary or the Chief Executive Officer had not reconsidered the matter by SSAT abolition time;

the requirement to reconsider the matter continues despite the amendments made by this Act.

(2) If:

(a) before SSAT abolition time:

(i) the SSAT had, under subsection 149(2) or (3) of the SS (Administration) Act, asked the Secretary of the Department of Family and Community Services or the Chief Executive Officer of the Commonwealth Services Delivery Agency to assess a rate or an amount; or

(ii) the SSAT had, under subsection 113(2) of the FA (Administration) Act, asked the Secretary of the Department of Family and Community Services to assess an amount, limit or percentage or to determine a limit; and

(b) the Secretary or the Chief Executive Officer had not done so by SSAT abolition time;

the Secretary or the Chief Executive Officer must do so despite the amendments made by this Act.

18 Preservation of Federal Court and Federal Magistrates Court appeal rights and appeals in progress under the ADJR Act

Preservation of review application rights

(1) If an application to the Federal Court or the Federal Magistrates Court under the ADJR Act for an order of review in respect of:

(a) a decision of the SSAT on review of an SSAT reviewable decision; or

(b) conduct engaged in for the purpose of the SSAT making a decision on review of an SSAT reviewable decision; or

(c) a failure of the SSAT to make a decision on review of an SSAT reviewable decision;

had not been lodged by a person with the Registry of the court concerned before SSAT abolition time:

(d) the ADJR Act continues to apply in relation to the decision despite the amendments made by this Act; and

(e) if, as a result, an application to the Federal Court or the Federal Magistrates Court is lodged after SSAT abolition time, then, subject to subitem (3), the ADJR Act applies to the application despite the amendments made by this Act.

Preservation of Federal Court and Federal Magistrates Court applications in progress

(2) If:

(a) before SSAT abolition time, an application was lodged with the Federal Court or the Federal Magistrates Court under the ADJR Act for an order of review in respect of:

(i) a decision of the SSAT on review of an SSAT reviewable decision; or

(ii) conduct engaged in for the purpose of the SSAT making a decision on review of an SSAT reviewable decision; or

(iii) a failure of the SSAT to make a decision on review of an SSAT reviewable decision; and

(b) the Federal Court, the Family Court (where proceedings in respect of the application were transferred to that court in accordance with section 18A of the ADJR Act) or the Federal Magistrates Court had not heard and determined the application before SSAT abolition time;

subject to subitem (3), the ADJR Act applies to the application despite the amendments made by this Act.

Modified application of ADJR Act provisions relating to Federal Court and Federal Magistrates Court applications

(3) For the purposes of the application or continued application of the ADJR Act in accordance with subitem (1) or (2):

(a) the power of the Federal Court, the Family Court or the Federal Magistrates Court to make an order referring the matter to which the decision

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relates to the SSAT for further consideration is instead a power to make an order referring the matter to which the decision relates to the ART for further consideration; and

(b) if any such order is made, the ART Act applies to the ART's further consideration of the matter as if it were the review of a first-tier decision; and

(c) any other power that:

(i) the Federal Court, the Family Court or the Federal Magistrates Court would have under the ADJR Act in hearing and determining the application; and

(ii) would allow the court to require the SSAT to do any thing;

is instead a power to require the ART to do the thing.

19 Preservation of other review application rights and reviews in progress

Preservation of other review application rights

(1) If an application (other than under the SS (Administration) Act, the FA (Administration) Act or the ADJR Act) to any court, tribunal, person or authority for review in respect of:

(a) a decision of the SSAT on review of an SSAT reviewable decision; or

(b) conduct engaged in for the purpose of the SSAT making a decision on review of an SSAT reviewable decision; or

(c) a failure of the SSAT to make a decision on review of an SSAT reviewable decision;

had not been made before SSAT abolition time:

(d) such an application continues to be able to be made in relation to the decision, and section 10 of the ADJR Act continues to apply in relation to the application, in the same way as it would if the amendments made by this Act had not been made; and

(e) if, as a result, such an application is made after SSAT abolition time, then, subject to subitem (3), the application is to be heard and determined in the same way as it would if the amendments made by this Act had not been made.

Preservation of other reviews in progress

(2) If:

(a) before SSAT abolition time, an application (other than under the SS (Administration) Act, the FA (Administration) Act or the ADJR Act) had been made to any court, tribunal, person or authority for review in respect of:

(i) a decision of the SSAT on review of an SSAT reviewable decision; or

(ii) conduct engaged in for the purpose of the SSAT making a decision on review of an SSAT reviewable decision; or

(iii) a failure of the SSAT to make a decision on review of an SSAT reviewable decision; and

(b) the court, tribunal, person or authority had not heard and determined the application before SSAT abolition time;

subject to subitem (3), the application is to be heard and determined in the same way as it would if the amendments made by this Act had not been made.

Modified powers of bodies conducting reviews in progress

(3) For the purposes of hearing and determining an application in accordance with subitem (1) or (2):

(a) any power of the court, tribunal, person or authority to refer the matter to which the decision relates to the SSAT for further consideration is instead a power to refer the matter to which the decision relates to the ART for further consideration; and

(b) if any such matter is referred, the ART Act applies to the ART's further consideration of the matter as if it were the review of a first-tier decision; and

(c) any other power that:

(i) the court, tribunal, person or authority would have in hearing and determining the application; and

(ii) would allow the court, tribunal, person or authority to require the SSAT to do any thing;

is instead a power to require the ART to do the thing.

Schedule 18--Amendments relating to Federal Court's interlocutory jurisdiction in tribunal etc. matters

Federal Court of Australia Act 1976

1 Subsection 20(2)

Omit "The", substitute "Subject to subsections (3) and (5), the".

2 Subsection 20(2)

Omit "the tribunal", substitute "a tribunal".

3 At the end of section 20

Add:

(3) If the matter coming before the Court as mentioned in subsection (2) is an application:

(a) for leave or special leave to institute proceedings in the Court; or

(b) for an extension of time within which to institute proceedings in the Court; or

(c) for leave to amend the grounds of an application or appeal to the Court; or


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(d) to stay a decision of the tribunal or authority mentioned in subsection (2);

the matter may be heard and determined by a single Judge or by a Full Court.

(4) The Rules of Court may make provision enabling applications of the kind mentioned in subsection (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.

(5) In a matter coming before the Court as mentioned in subsection (2), a single Judge or a Full Court may:

(a) join or remove a party; or

(b) make an order (including an order for costs) by consent disposing of the matter; or

(c) give directions about the conduct of the matter, including directions about:

(i) the use of written submissions; and

(ii) limiting the time for oral argument.

(6) The Rules of Court may make provision enabling the powers in subsection (5) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing.

4 Application

The amendments made by this Schedule apply in relation to matters coming before the Federal Court of Australia after the commencement of this Schedule.