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SR 1985 No 209 Regulations as amended, taking into account amendments up to SR 2003 No. 115
Administered by: Attorney-General's
Start Date 19 Jun 2003
End Date 11 Apr 2013
Date of repeal 22 Dec 2017
Repealed by Administrative Decisions (Judicial Review) Regulations 2017

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS 1985



Compilation Information

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Administrative Decisions (Judicial Review) Regulations 1985

Statutory Rules 1985 No. 209 as amended
made under the
Administrative Decisions (Judicial Review) Act 1977
This compilation was prepared on 19 June 2003
taking into account amendments up to SR 2003 No. 115
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS 1985
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Administrative Decisions (Judicial Review) Regulations 1985.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS 1985
- REG 2
Interpretation

(1)
In these Regulations:

Act means the Administrative Decisions (Judicial Review) Act 1977.

Court means the Federal Court of Australia or the Federal Magistrates Court.

(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 1985
- REG 2A
Decisions to which section 13 of the Act does not apply

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 1985
- REG 3
Decisions not subject to judicial review

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:


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(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;
(h)
decisions under subsection 2B (2) of the Quarantine Act 1908 in relation to a Proclamation that:

(i)
is issued under subsection 2B (1) of that Act; and
(ii)
includes a declaration under subsection 2B (2A) of that Act;
(i)
decisions to give a direction or to take other authorised action under section 3 of the Quarantine Act 1908.

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS 1985
Notes to the Administrative Decisions (Judicial Review) Regulations 1985

Note 1

The Administrative Decisions (Judicial Review) Regulations 1985 (in force under the Administrative Decisions (Judicial Review) Act 1977) as shown in this compilation comprise Statutory Rules 1985 No. 209 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1985 No. 209
5 Sept 1985
5 Sept 1985

1986 No. 60
16 Apr 1986
16 Apr 1986

1986 No. 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

2003 No. 115
19 June 2003
19 June 2003

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 2003 No. 115
R. 2
am. 1986 No. 60; 2003 No. 115
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; 2003 No. 115