Administrative Decisions (Judicial Review) Regulations 1985

Statutory Rules No. 209, 1985 as amended

made under the

Administrative Decisions (Judicial Review) Act 1977

Compilation start date:                     12 April 2013

Includes amendments up to:            SLI No. 51, 2013

About this compilation

The compiled instrument

This is a compilation of the Administrative Decisions (Judicial Review) Regulations 1985 as amended and in force on 12 April 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 16 May 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provision ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

Contents

1............ Name of Regulations........................................................................... 1

2............ Interpretation....................................................................................... 1

2A......... Decisions to which section 13 of the Act does not apply.................... 1

3............ Decisions not subject to judicial review.............................................. 1

Endnotes                                                                                                                                      4

Endnote 1—Legislation history                                                                               4

Endnote 2—Amendment history                                                                             5

Endnote 3—Uncommenced amendments [none]                                            6

Endnote 4—Misdescribed amendments [none]                                               7

1  Name of Regulations

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

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 Circuit 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.

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.

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:

                              (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.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Administrative Decisions (Judicial Review) Regulations 1985.

(a)             Section 2 (item 2) of the Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) provides as follows:

                      2  Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Administrative Decisions (Judicial Review) Regulations 1985.

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.