Federal Register of Legislation - Australian Government

Primary content

SR 1985 No. 209 Regulations as amended, taking into account amendments up to SR 1993 No. 155
Registered 19 Mar 2010
Start Date 29 Jun 1993
End Date 18 Jun 2003
Date of repeal 22 Dec 2017
Repealed by Administrative Decisions (Judicial Review) Regulations 2017

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS
(#DATE 24:08:1993)

- In force under the Administrative Decisions (Judicial Review) Act 1977
- Updated as at 24 August 1993
*1* The Administrative Decisions (Judicial Review) Regulations (in force under the Administrative Decisions (Judicial Review) Act 1977) as shown in this reprint comprise Statutory Rules 1985 No. 209 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1985 No. 209 5 Sept 1985 5 Sept 1985
1986 No. 60 16 Apr 1986 16 Apr 1986 -
108 30 May 1986 30 May 1986 -
1987 No. 188 18 Sept 1987 18 Sept 1987 -
1989 No. 373 21 Dec 1989 21 Dec 1989 -
1991 No. 160 28 June 1991 1 July 1991 -
1993 No. 155 29 June 1993 29 June 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1986 No. 60
R. 2A ad. 1989 No. 373
am. 1991 No. 160
R. 3 rs. 1986 No. 60
am. 1986 No. 108; 1987 No. 188;
1993 No. 155

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
2A. Decisions to which section 13 of the Act does not apply
3. Decisions not subject to judicial review

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Administrative Decisions (Judicial Review) Regulations. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS - REG 2
Interpretation

2. (1) In these Regulations, unless the contrary intention appears, "the Act" means the Administrative Decisions (Judicial Review) Act 1977.

(2) A reference in regulation 3 to an Act or a provision of an Act shall be read as including a reference to regulations or by-laws in force under that Act or for the purposes of that provision, as the case may be.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS - REG 2A
Decisions to which section 13 of the Act does not apply

2A. The following class of decisions are decisions that are not decisions to which section 13 of the Act applies, namely, decisions of the Commonwealth Funds Management Limited in relation to its commercial activities.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS - REG 3
Decisions not subject to judicial review

3. The following classes of decisions are declared to be decisions that are not subject to judicial review by the Court under the Act, namely:
(a) decisions of the Australian Conciliation and Arbitration Commission made under the Building Industry Act 1985;
(b) decisions under the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986;
(c) decisions under the Conciliation and Arbitration Act 1904 in its application by virtue of the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986;
(d) decisions under the provisions of the Conciliation and Arbitration Act 1904, or of the regulations in force under that Act, referred to in subsection 6 (2) of the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986 in their application by virtue of that subsection;
(e) decisions under the Parliamentary Commission of Inquiry Act 1986;
(f) decisions making, or forming part of the process of making, or leading up to the making of, assessments within the meaning of the Taxation (Administration) Ordinance 1987 of the Australian Capital Territory, or decisions disallowing, wholly or partly, objections to such assessments, or decisions refusing, wholly or partly, to amend such assessments, under any of the following Ordinances of the Australian Capital Territory, namely, the Business Franchise (Tobacco and Petroleum Products) Ordinance 1984, the Financial Institutions Duty Ordinance 1987, the Payroll Tax Ordinance 1987, the Stamp Duties and Taxes Ordinance 1987 and the Taxation (Administration) Ordinance 1987;
(g) decisions under a provision of the law of Western Australia as in force in:
(i) the Territory of Christmas Island under section 8A of
the Christmas Island Act 1958; and
(ii) the Territory of Cocos (Keeling) Islands under
section 8A of the Cocos (Keeling) Islands Act 1955;
except decisions of the following persons or bodies:
(iii) a person holding or exercising the powers of the
office of Administrator or Deputy Administrator of the Territory under the Administration Ordinance 1968 of the Territory of Christmas Island or under the Administration Ordinance 1975 of the Territory of Cocos (Keeling) Islands;
(iv) a person holding or exercising the powers of an
office established by an Act;
(v) a person holding or exercising the powers of an office
established by an Ordinance, or a law made under an Ordinance, of the Territory of Christmas Island or of the Territory of Cocos (Keeling) Islands;
(vi) an authority (whether incorporated or not)
established by an Act;
(vii) an authority (whether incorporated or not)
established by an Ordinance, or a law made under an Ordinance, of the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands;
(viii) an officer or employee within the meaning of the
Public Service Act 1922;
(ix) a person employed under the Administration Ordinance
1968 of the Territory of Christmas Island or under the Administration Ordinance 1975 of the Territory of Cocos (Keeling) Islands;
(x) a person employed by an authority mentioned in
subparagraph (vi) or (vii);
(xi) a member of the Defence Force;
(xii) a member or special member of the Australian Federal
Police;
(xiii) a person appointed by the Minister for the
Environment, Sport and Territories under subsection 8G (6) of the Christmas Island Act 1958 or the Cocos (Keeling) Islands Act 1955.