Federal Register of Legislation - Australian Government

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SR 1993 No. 326 Regulations as made
These Regulations amend the Administrative Appeals Tribunal Regulations.
Administered by: Attorney-General's
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR16-Dec-1993
Tabled Senate16-Dec-1993
Gazetted 10 Dec 1993
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Statutory Rules 1993   No. 3261

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Administrative Appeals Tribunal Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Administrative Appeals Tribunal Act 1975.

Dated 2 December 1993.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

 

m. lavarch

Attorney-General

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1.   Commencement

1.1   These Regulations commence on 11 December 1993.

2.   Amendment

2.1   The Administrative Appeals Tribunal Regulations are amended as set out in these Regulations.

3.   New regulation 5C

3.1   After regulation 5B, insert:

Application of the Act to certain decisions of the Australian Securities Commission

          “5C.   (1)    In this regulation, unless the contrary intention appears:

relevant decision” means a decision to which section 1317B of the Corporations Law applies that was made by the Australian Securities Commission on or after 11 December 1993;

the Commission” is taken to include a reference to a delegate of the Commission.

           “(2)   For the purposes of paragraph 27A (2) (e) of the Act, it is declared that subsection 27A (1) of the Act does not apply to a relevant decision.

           “(3)   Subject to subregulation (5), the Commission must take steps that are reasonable in the circumstances to give notice, in accordance with subregulation (4), to each person whose interests are affected by a relevant decision.

           “(4)   The notice may be in writing or otherwise, and must tell the person to whom it is given:

             (a)   of the making of the relevant decision; and

             (b)   of the right of the person to have that decision reviewed under section 1317B of the Corporations Law.

           “(5)   The Commission need not give notice to a person if the Commission considers that it is not reasonably practicable to do so, having regard to:

             (a)   the cost of giving the notice; and

             (b)   the manner in which the person’s interests are affected by the relevant decision.

           “(6)   Failure by the Commission to comply with subregulation (3) in relation to a decision does not affect the validity of the relevant decision.

           “(7)   In exercising its powers under subsection 29 (6) of the Act in relation to a relevant decision, the Tribunal must have regard to any absence of notice of that decision to the applicant for review.”.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 10 December 1993.

2.   Statutory Rules 1976 No. 141 as amended by 1977 Nos. 146; 1979 No. 274; 1984 No. 383; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 No. 25; 1989 No. 157; 1990 No. 284; 1991 Nos. 233 and 450; 1992 No. 235; 1993 No. 64 and 276.