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SR 1976 No. 141 Regulations as amended, taking into account amendments up to Administrative Appeals Tribunal Amendment (Norfolk Island Land Valuation Decisions) Regulation 2014
Administered by: Attorney-General's
Registered 20 Feb 2014
Start Date 20 Feb 2014
End Date 01 Jul 2015
Date of repeal 01 Jul 2015
Repealed by Administrative Appeals Tribunal Regulation 2015
Table of contents.

Commonwealth Coat of Arms

Administrative Appeals Tribunal Regulations 1976

Statutory Rules No. 141, 1976 as amended

made under the

Administrative Appeals Tribunal Act 1975

Compilation start date:                     20 February 2014

Includes amendments up to:            SLI No. 1, 2014

About this compilation

This compilation

This is a compilation of the Administrative Appeals Tribunal Regulations 1976 as in force on 20 February 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 20 February 2014.

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

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

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

  

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

4............ Seal of the Tribunal............................................................................. 2

4A......... Veterans’ Appeals Division................................................................ 2

5............ Application for review........................................................................ 2

5A......... Arrangement of business.................................................................... 3

5B......... Taxation appeal matters....................................................................... 3

5C......... Application of the Act to certain decisions of the Australian Securities Commission               3

6............ Application to be made a party............................................................ 4

7............ Request for shortening period for lodging copies of material documents 5

7A......... Request for order staying or otherwise affecting operation or implementation of a decision or part of a decision    5

7B......... Request for variation or revocation of staying order........................... 5

8............ Notice of request under subsection 41(2) of the Act........................... 5

8A......... Time within which application may be dismissed if applicant cannot show reviewable decision             6

9............ Lodging or filing of documents with Registrar................................... 6

10.......... Notice under subsection 21(2) of the Act regarding composition of Tribunal          6

15.......... Forms of summons............................................................................. 6

16.......... Witnesses expenses............................................................................. 7

18.......... Address for service............................................................................. 7

18A....... Service of documents.......................................................................... 8

19.......... Prescribed fees—general..................................................................... 9

19AA.... Prescribed fees—Part IIIAA taxation decisions................................ 11

19A....... Biennial increases in fees.................................................................. 15

19B....... Calculation of increase...................................................................... 15

20.......... Review by Tribunal—certain fee payment decisions......................... 17

20A....... Review by Tribunal—Norfolk Island enactment decisions............... 18

20B....... Registrar may authorise certain authorised officers to perform some powers or functions       18

21.......... Prescribed contract limit.................................................................... 18

22.......... Prescribed number of members......................................................... 18

Schedule 1                                                                                                                           19

Form 1—Application for review of decision                                                       19

Form 2—Application for extension of time for lodging application for review of decision         21

Form 3—Notice of opposing application for extension of time for lodging application for review of decision                                                                                                                    23

Form 4—Notice or amended notice of application for review of decision              25

Form 5—Application to be made a party to a proceeding                          27

Form 5A—Request for order to shorten time for lodging copies of documents 29

Form 6—Request for order about the operation or implementation of a decision            31

Form 6A—Request for order varying or revoking an order about the operation or implementation of a decision                                                                                                                    33

Form 7—Summons to give evidence                                                                         35

Form 8—Summons to give evidence and produce documents                 36

Form 9—Summons to produce documents                                                          38

Schedule 2—Witnesses fees and allowances for expenses  39

Schedule 3—Prescribed decisions for the purposes of regulation 19           40

Schedule 4—Norfolk Island enactment decisions and specified persons 41

Part 1—Interpretation                                                                                                      41

1             Interpretation—Schedule 4................................................................ 41

Part 2—Enactment decisions and decision makers—Acts of the Territory of Norfolk Island  43

Endnotes                                                                                                                                    48

Endnote 1—About the endnotes                                                                            48

Endnote 2—Abbreviation key                                                                                50

Endnote 3—Legislation history                                                                             51

Endnote 4—Amendment history                                                                           53

Endnote 5—Uncommenced amendments [none]                                          56

Endnote 6—Modifications [none]                                                                         56

Endnote 7—Misdescribed amendments [none]                                             56

Endnote 8—Miscellaneous [none]                                                                        56


 

 

1  Name of Regulations

                   These Regulations are the Administrative Appeals Tribunal Regulations 1976.

2  Commencement

                   These Regulations shall come into operation on 1 July 1976.

3  Interpretation

             (1)  In these Regulations, unless the contrary intention appears:

Act means the Administrative Appeals Tribunal Act 1975.

authorised officer means:

                     (a)  for item 11 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 61 of the Building Act 2002 of the Territory of Norfolk Island; and

                     (b)  for item 21 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 141 of the Environment Act 1990 of the Territory of Norfolk Island; and

                     (c)  for item 35 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 94 of the Planning Act 2002 of the Territory of Norfolk Island; and

                     (d)  elsewhere in these Regulations—a Registrar or Deputy Registrar appointed in accordance with section 12 of the Supreme Court Act 1960 of the Territory of Norfolk Island.

             (2)  A District Registrar and a Deputy Registrar:

                     (a)  have all the powers and duties conferred on the Registrar under these Regulations, except the power under regulation 20B; and

                     (b)  may perform all the functions that the Registrar may perform under these Regulations.

             (3)  In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.

4  Seal of the Tribunal

             (1)  The seal of the Tribunal shall be of a design approved by the President and shall include:

                     (a)  the Coat of Arms of the Commonwealth of Australia, that is to say, the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated 19 September 1912; and

                     (b)  the words “Administrative Appeals Tribunal”.

             (2)  There shall be kept at each Registry, in such custody as the President directs, a seal of the Tribunal, and any of those seals may be used as the seal of the Tribunal.

             (3)  The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required by a direction of a presidential member to be sealed with the seal of the Tribunal.

4A  Veterans’ Appeals Division

                   For the purposes of subsection 19(2) of the Act, the Veterans’ Appeals Division is a Division of the Tribunal.

5  Application for review

             (1)  For the purposes of paragraph 29(1)(b) of the Act, the prescribed form is Form 1.

             (2)  An application under subsection 29(7) of the Act may be made in accordance with Form 2.

             (3)  For the purposes of subsection 29(10) of the Act, the prescribed time is 14 days.

             (4)  Notice may be given to the Tribunal under subsection 29(10) of the Act by lodging with the Registrar a notice in writing in accordance with Form 3.

             (5)  For the purposes of subsection 29(11) of the Act, the prescribed form is Form 4.

             (6)  Where, after a notice in accordance with Form 4 has been issued, the Tribunal has made an order under subsection 37(1A) of the Act, the Registrar shall serve on the person who made the decision to which the order relates an amended notice in accordance with Form 4.

5A  Arrangement of business

                   Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application made or, because of section 60 of the Veterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act 1994, taken to have been made, under section 175 of the Veterans’ Entitlement Act 1986 shall be dealt with in the Veterans’ Appeals Division of the Tribunal.

5B  Taxation appeal matters

                   Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application to the Tribunal to review a decision of the Commissioner of Taxation made under the Pay‑roll Tax Assessment Act 1941 or under a taxation law within the meaning of section 2 of the Taxation Administration Act 1953 shall be dealt with in the Taxation Appeals Division of the Tribunal.

5C  Application of the Act to certain decisions of the Australian Securities Commission

             (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.

6  Application to be made a party

             (1)  An application to be made a party to a proceeding by a person referred to in subsection 30(1A) of the Act shall be in writing and may be in accordance with Form 5.

             (2)  The Registrar shall, on receipt of an application referred to in subregulation (1), cause a notice in writing of the application to be served on the parties to the proceeding.

7  Request for shortening period for lodging copies of material documents

                   A request under subsection 37(1A) of the Act shall be made:

                     (a)  by application in writing in accordance with Form 5A; or

                     (b)  as the Tribunal, in a particular case, directs or allows.

7A  Request for order staying or otherwise affecting operation or implementation of a decision or part of a decision

                   A request under subsection 41(2) of the Act shall be made:

                     (a)  by application in writing in accordance with Form 6; or

                     (b)  as the Tribunal, or a presidential member, in a particular case:

                              (i)  directs; or

                             (ii)  allows.

7B  Request for variation or revocation of staying order

                   A request under subsection 41(3) of the Act shall be made:

                     (a)  by application in writing in accordance with Form 6A; or

                     (b)  as the Tribunal, or a presidential member, in a particular case:

                              (i)  directs; or

                             (ii)  allows.

8  Notice of request under subsection 41(2) of the Act

             (1)  The Registrar shall, on receipt of a request under subsection 41(2) or (3) of the Act, give notice of the request to the person who made the decision and to any other party to the proceeding.

             (2)  Notice under subregulation (1) shall be given:

                     (a)  if the request under subsection 41(2) or (3) of the Act is lodged in writing with the Registrar—by causing a copy of the request to be served on the person who made the decision and on any other party to the proceeding; and

                     (b)  in any other case—in such other manner as the Tribunal or a presidential member directs or allows in a particular case.

8A  Time within which application may be dismissed if applicant cannot show reviewable decision

                   For the purposes of paragraph 42A(4)(b) of the Act, the prescribed time is 14 days.

9  Lodging or filing of documents with Registrar

             (1)  The Registrar shall cause the date on which a document was lodged or received at his office to be recorded on the document.

             (2)  The Registrar shall acknowledge in writing the receipt of an application under subsection 28(1B), 29(1) or 29(7) of the Act, of an application referred to in subregulation 6(1), or of a request under subsection 37(1A), 41(2) or 41(3) of the Act that is lodged in writing.

             (3)  For the purposes of subsection 68(2) of the Act, a document may be lodged with the Registrar by facsimile transmission or electronic mail.

10  Notice under subsection 21(2) of the Act regarding composition of Tribunal

             (1)  Subject to subregulation (2), a notice under subsection 21(2) of the Act shall be lodged with the Tribunal by delivering the notice to the Registrar not less than 7 days before the day on which the hearing to which the notice relates is to commence.

             (2)  A presidential member may, at any time before the hearing of a proceeding before the Tribunal, approve the giving of a notice under subsection 21(2) of the Act on, or on a day within 7 days before, the day on which the hearing is to commence, and, where he gives such an approval, the notice shall be lodged with the Tribunal by delivering the notice to the Registrar on or before the day specified by the presidential member in his approval and before the hearing of the proceeding commences.

15  Forms of summons

                   A summons under subsection 40(1A) of the Act:

                     (a)  shall be in accordance with Form 7, 8 or 9, as the case requires; and

                     (b)  shall be served on a person by:

                              (i)  delivering a copy of the summons to the person personally; and

                             (ii)  showing the original of the summons to the person at the time at which the copy is delivered to him.

16  Witnesses expenses

                   A person summoned to appear as a witness before the Tribunal shall be paid such fees, and allowances for expenses, in respect of his attendance, in accordance with Schedule 2, as determined by the Tribunal or by a presidential member.

18  Address for service

             (1)  In this regulation:

lodge an address for service, in relation to a person, means give to the Registrar notice in writing of an address at which documents relating to a proceeding may be sent to that person.

             (2)  A person may:

                     (a)  lodge an address for service of documents in a proceeding; and

                     (b)  at any time after lodging an address for service in a proceeding, lodge a new address for service in that proceeding.

             (3)  If a person lodges with the Registrar a new address for service under paragraph (2)(b):

                     (a)  that new address becomes the person’s address for service in the proceeding; and

                     (b)  he or she must, immediately after doing so, serve on every other party to the proceeding a notice of that new address for service.

18A  Service of documents

             (1)  In this regulation:

document includes:

                     (a)  a notice (other than a notice referred to in section 67A of the Act); and

                     (b)  a statement.

             (2)  A document may be served:

                     (a)  by personal service in the way set out in subregulation (3), (4), (5) or (6), as the case requires; or

                     (b)  by post in the way set out in subregulation (7).

             (3)  A document may be served on an individual by handing a copy of it to him or her, or putting it down in his or her presence, and telling him or her its general nature.

             (4)  If the person to be served has lodged an address for service, a document may be served by handing a copy of it to a person at that address who:

                     (a)  is apparently of the age of 16 years or over; and

                     (b)  apparently lives at, or works at, that address.

             (5)  A document may be served on an individual who has not lodged an address for service at his or her residential or business address last known to the person serving the document, by handing a copy of the document to a person who:

                     (a)  is apparently of the age of 16 years or over; and

                     (b)  apparently lives at, or works at, that address.

             (6)  A document may be served on a corporation that has not lodged an address for service at its registered office, by handing a copy of the document to a person who:

                     (a)  is apparently of the age of 16 years or over; and

                     (b)  apparently lives at, or works at, the address of that office.

             (7)  A document may be served on a person by post by enclosing it in a prepaid letter addressed to the person at the address that is the person’s address for service under regulation 18 or, if the person has not lodged an address for service under that regulation, at:

                     (a)  in the case of an individual—his or her residential or business address last known to the person posting the document; or

                     (b)  in the case of a corporation—its registered office.

             (8)  If a document is served by post in accordance with subregulation (7), it is taken to be served on the day it is posted.

19  Prescribed fees—general

             (1)  Subject to this regulation, a fee of $777 (in this regulation called an application fee) is payable for lodging with the Tribunal of:

                     (a)  an application for review of a decision, other than a relevant taxation decision within the meaning of Part IIIAA of the Act; or

                     (b)  an application under subsection 28(1AC) of the Act; or

                     (c)  an application under subsection 62(2) of the Freedom of Information Act 1982;

other than an application for review of a prescribed decision.

Note:          This fee is subject to increase under regulation 19A.

             (2)  In this regulation, prescribed decision means:

                     (a)  a decision specified in Schedule 3; or

                     (b)  a decision reviewable under the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3.

             (3)  Subregulation (1) does not apply to a referral of a decision (being a referral that is deemed by an enactment to constitute an application to the Tribunal for review of the decision) where a fee is payable under a provision of that or another enactment on the lodgment of a request to refer the decision to the Tribunal.

             (5)  If 2 or more applications:

                     (a)  relate to the same applicant; and

                     (b)  may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time;

the Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable for those applications.

             (6)  A fee of $100 is payable instead of the application fee if:

                     (a)  the person liable to pay the application fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General, for the matter to which the application fee relates; or

                     (b)  the person liable to pay the application fee is:

                              (i)  the holder of one of the following cards issued by the Department of Family and Community Services:

                                        (A)  a health care card;

                                        (B)  a health benefit card;

                                        (C)  a pensioner concession card;

                                        (D)  a Commonwealth seniors health card; or

                             (ii)  the holder of any other card issued by the Department of Family and Community Services or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or

                            (iii)  an inmate of a prison or is otherwise lawfully detained in a public institution; or

                            (iv)  a child under the age of 18 years; or

                             (v)  in receipt of a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or

                            (vi)  in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme.

          (6A)  If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day‑to‑day living expenses, liabilities and assets of a person liable to pay an application fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may order that a fee of $100 is payable instead of the application fee.

          (6B)  The fee for lodging an application is payable when the application is lodged.

          (6C)  If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.

          (6D)  If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.

             (7)  A person who has paid an application fee or a fee mentioned in subregulation (6) or (6A) is entitled to a refund of the fee if the fee was not payable.

             (8)  A person is entitled to a refund (the refund amount), if:

                     (a)  the person paid an application fee but was liable to pay the fee mentioned in subregulation (6); or

                     (b)  the person paid an application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.

             (9)  The refund amount is:

                     (a)  if the application was lodged before 1 November 2010—the application fee; and

                     (b)  if the application is lodged on or after 1 November 2010—the difference between the application fee and $100.

19AA  Prescribed fees—Part IIIAA taxation decisions

             (1)  In this regulation:

                   lower application fee and standard application fee have the respective meanings given in section 24AA of the Act.

             (2)  For Part IIIAA of the Act:

                     (a)  the amount of a lower application fee is $77; and

                     (b)  the amount of a standard application fee is $777.

Note:          For Part IIIAA of the Act, a ‘lower application fee’ is payable in respect of an application for the review of a relevant taxation decision if subsection 24AC(1) of the Act applies in respect of the hearing and determination of the application. A ‘standard application fee’ is payable in respect of the application if subsection 24AC(1) does not apply.

             (4)  For paragraph 24AD(2)(c) of the Act, if no direction is given by the Tribunal for the period within which an additional fee must be paid, the prescribed period is 28 days from the date of making of the order.

             (5)  The Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable in relation to 2 or more applications for which the same fee is payable, if they:

                     (a)  relate to the same applicant; and

                     (b)  may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time.

             (6)  Subregulation (6A) applies to a person if:

                     (a)  the person is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General; or

                     (b)  the person is:

                              (i)  the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:

                                        (A)  a health care card;

                                        (B)  a health benefit card;

                                        (C)  a pensioner concession card;

                                        (D)  a Commonwealth seniors health card; or

                             (ii)  the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or

                            (iii)  serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or

                            (iv)  a child under the age of 18 years; or

                             (v)  receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or

                            (vi)  receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.

          (6A)  If a person mentioned in subregulation (6) is liable to pay a standard application fee or an additional fee:

                     (a)  a fee of $100 is payable by the person instead of a standard application fee; and

                     (b)  either:

                              (i)  if the lower application fee is less than $100—an amount equal to the difference between the lower application fee and $100 is payable by the person instead of an additional fee; or

                             (ii)  in any other case—a fee of $100 is payable instead of an additional fee.

          (6B)  If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day‑to‑day living expenses, liabilities and assets of a person liable to pay a standard application fee or an additional fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may:

                     (a)  order that a fee of $100 is payable instead of a standard application fee; or

                     (b)  either:

                              (i)  if the lower application fee is less than $100—order that an amount equal to the difference between the lower application fee and $100 is payable instead of an additional fee; or

                             (ii)  in any other case—order that a $100 fee is payable instead of an additional fee.

          (6C)  The fee for lodging an application is payable when the application is lodged.

          (6D)  If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.

          (6E)  If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.

             (7)  A person who has paid any of the following fees is entitled to a refund of the fee if the fee was not payable:

                     (a)  the lower application fee;

                     (b)  the standard application fee;

                     (c)  the additional fee;

                     (d)  the fee mentioned in paragraph (6A)(a);

                     (e)  the fee mentioned in subparagraph (6A)(b)(i);

                      (f)  the fee mentioned in subparagraph (6A)(b)(ii).

             (8)  A person is entitled to a refund (the refund amount), if:

                     (a)  the person paid the standard application fee but was liable to pay the lower application fee; or

                     (b)  the person paid the standard application fee but was liable to pay the fee mentioned in paragraph 6A(a); or

                     (c)  the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(i); or

                     (d)  the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(ii); or

                     (e)  the person paid the standard application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant; or

                      (f)  the person paid the lower application fee and the additional fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.

             (9)  For subregulation (8), the refund amount is:

                     (a)  for paragraph (8)(a)—the difference between the standard application fee and the lower application fee; and

                     (b)  for paragraph (8)(b)—the difference between the standard application fee and the fee mentioned in paragraph (6A)(a); and

                     (c)  for paragraph 8(c)—the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(i); and

                     (d)  for paragraph 8(d)—the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(ii); and

                     (e)  for paragraph (8)(e):

                              (i)  if the application was lodged before 1 November 2010—the application fee; or

                             (ii)  if the application was lodged on or after 1 November 2010—the difference between the application fee and $100; and

                      (f)  for paragraph (8)(f):

                              (i)  if the application was lodged before 1 November 2010—the sum of the lower application fee and the additional fee; or

                             (ii)  if the application was lodged on or after 1 November 2010—the difference between the sum of the lower application fee and the additional fee, and $100.

           (10)  If:

                     (a)  an order is made under paragraph 24AD(4)(e) of the Act in relation to applications made by a person; and

                     (b)  the total amount of application fees paid by the person is greater than the standard application fee;

the person who paid the fees is entitled to a refund of an amount equal to the difference between the standard application fee and the total amount of the fees paid.

Note:          The effect of paragraph 24AD(4)(e) of the Act is that if an applicant has applications before the Small Taxation Claims Tribunal and the Administrative Appeals Tribunal, the Registrar, a District Registrar or a Deputy Registrar may order that 1 standard application fee is payable for all of the applications.

19A  Biennial increases in fees

                   Despite any other provision of these Regulations, the fees prescribed by regulations 19 (except the fees mentioned in subregulations (6) and (6A)) and 19AA (except the fees mentioned in paragraphs (6A)(a) and (6B)(a)) are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 2010.

19B  Calculation of increase

             (1)  In this regulation:

fee means a fee prescribed by regulation 19 (except a fee mentioned in subregulation (6) or (6A)) or 19AA (except a fee mentioned in paragraph (6A)(a) or (6B)(a)).

CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.

relevant period means any of the following periods:

                     (a)  the 2 year period commencing on 1 July 1996;

                     (b)  after that period—each 2 year period commencing on a biennial anniversary of 1 July 1996.

             (2)  If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:

                   where:

earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period; and

fee is the fee in force  at the end of the relevant period; and

latest CPI number is the CPI number for the last March quarter before the end of the relevant period.

             (3)  If, apart from this subregulation, the amount of a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.

             (4)  Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.

             (5)  If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.

20  Review by Tribunal—certain fee payment decisions

             (1)  A person may apply to the Tribunal for a review of any of the following decisions by the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer:

                     (a)  under subregulation 19(5) or subregulation 19AA(5), not to order that only 1 fee is payable;

                     (b)  under subregulation 19(6A), not to order that a fee of $100 is payable;

                     (c)  under paragraph 19AA(6B)(a), not to order that a fee of $100 is payable;

                     (d)  under subparagraph 19AA(6B)(b)(i) not to order that an amount equal to the difference between the lower application fee and $100 is payable;

                     (e)  under subparagraph 19AA(6B)(b)(i) not to order that a fee of $100 is payable.

             (2)  If the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer makes a decision of that kind, a notice must be given to the person liable to pay the fee:

                     (a)  containing the terms of the decision; and

                     (b)  giving written reasons for the decision; and

                     (c)  containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.

             (3)  A notice under subregulation (2) must be given within 28 days of the date of the decision.

             (4)  Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.

20A  Review by Tribunal—Norfolk Island enactment decisions

             (1)  For subsection 25(2) of the Act, a person may apply to the Tribunal for review of a decision:

                     (a)  made in the exercise of powers conferred by a Norfolk Island enactment; and

                     (b)  mentioned in column 2 of the table in Part 2 of Schedule 4.

             (2)  For paragraph 25(3)(a) of the Act, a decision maker mentioned in column 3 of the table in Part 2 of Schedule 4 is specified.

20B  Registrar may authorise certain authorised officers to perform some powers or functions

                   If a person is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer, the Registrar may authorise the person to exercise a power or function (except the power under this regulation) in relation to an application that is:

                     (a)  lodged at the Registry of the Tribunal caused to be established on Norfolk Island under subsection 64(1) of the Act; or

                     (b)  listed to be heard by the Tribunal.

21  Prescribed contract limit

                   For subsection 24A(4) of the Act, a higher amount of $1,000,000 is prescribed.

22  Prescribed number of members

                   For subparagraph 49(1)(d)(ii) of the Act, 11 is prescribed.


Schedule 1       

Form 1Application for review of decision

(subregulation 5(1))

Administrative Appeals Tribunal

or

Small Taxation Claims Tribunal

Application for review of decision

 

Applicant

 

Full name

Title:   Mr  ¨   Ms  ¨   Mrs  ¨   Miss  ¨ Other.......

 

Family name (surname):

 

Given names:

 

 

Gender

Male         ¨ 

Female     ¨

      Date of birth

 

 

 

 

Telephone

(business)

(   )

      Telephone

           (home)

(   )

 

 

Your address

 

 

 

                                                                Postcode

 

 

The name, address and telephone number of your representative (if you have one)

 

 

 

Interpreter

Do you require the assistance of an interpreter?    

Yes   ¨            No   ¨

If yes, for which language?

Disability

If you have a disability and need assistance, please indicate:

 

Visual  ¨             Hearing  ¨            Wheel chair user  ¨

 

Other, please specify................................

 

 

 

Decision

You do not have to answer this question if you can attach a copy of the decision. If you do not have a copy, please describe the decision briefly:

 

 

 

 

 

 

 

Date of decision

 

    Decision reference

 

 

 

 

 

Date you received notice

of the decision

 

 

 

 

 

Who made the decision, if known

Department or other body:

Address:

 

 

 

 

 

Reasons for application

What are your reasons for seeking review of this decision?

 

 

 

 

 

 

 

Tax matters

 

 

Please state the amount of tax in dispute (only answer this question if you want a tax decision reviewed).

 

$

 

 

 

Signature

 

 

   Date

 

Form 2Application for extension of time for lodging application for review of decision

(subregulation 5(2))

Administrative Appeals Tribunal

Application for extension of time for lodging application for review of decision

Note   Subsection 29(7) of the Act provides that the tribunal may extend the time for the making of an application for review of a decision.

I apply for an extension of time for lodging an application for review of the decision described in item 2.

 

 

1. Applicant

Mr/Mrs/Ms/Miss/Other

(full name)

Family name (surname)

 

 

 

Given name(s)

 

 

 

 

Telephone

Business (   )                            Home: (   )

 

 

 

 

Your

 

address

 

 

 

 

                                                          Postcode

 

 

The name, address and telephone number of your representative (if

you have one)

 

                                                          Postcode

 

 

2. Decision

Attach a copy, if possible, or describe decision briefly.

 

 

 

 

 

 

 

 

 

 

Date of decision

 

Decision reference

 

(if copy of decision not attached)

 

(if copy of decision not attached)

 

 

Date decision

 

 

received

 

 

 

 

 

Who made the

Department

decision, if you

or other body:

know (if copy of decision is not attached)

Address:

 

 

 

                                                          Postcode

 

 

3. To what date

 

 

are you seeking

 

 

an extension of

time

 

 

 

 

 

4. Reasons for application

Outline your reasons for applying for an extension of time for lodging your application for review of the decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signature

 

   Date

 

 

 

 

 

 

 

 

Form 3Notice of opposing application for extension of time for lodging application for review of decision

(subregulation 5(4))

Administrative Appeals Tribunal

Notice of opposing application for extension of time for lodging application for review of decision

Note   Subsection 29(10) of the Act and subregulation 5(4) provide that a person who wishes to oppose an application for extension of time for review of an application may do so in accordance with this form.

The person described in item 1 opposes the application made by the person described in item 4 to extend the time for lodging an application for review of the decision made by the person described in item 5.

 

 

1. Person giving

Mr/Mrs/Ms/Miss/Other

notice of opposition

Family name (surname)

 

(full name)

 

 

Given name(s)

 

 

 

 

Telephone

Business: (   )                           Home: (   )

 

 

 

 

Your address

 

 

 

 

 

 

                                                            Postcode

 

 

The name, address and telephone number of your representative (if you have one)

 





                                                            Postcode

 

 

2. Grounds for

 

opposition to

 

application

 

 

 

 

3. Names of the parties to the proceeding

 

 

 

 

 

4. Name of applicant

Mr/Mrs/Ms/Miss/Other

Family name (surname)

 

 

 

Given name(s)

 

 

Date of application

 

 

 

5. Who made the decision

Department

or other body:

Address:

 

 

                                                Postcode:

 

 

Date of decision

 

 

 

Signature

 

   Date

 

 

 

 

 

 

 

 

Form 4Notice or amended notice of application for review of decision

(subregulations 5(5) and (6))

Administrative Appeals Tribunal

Notice or amended notice of application for review of decision

 

Note   Subsection 29(11) of the Act provides that notice of an application for a review of a decision is to be served on the person who made the decision.

 

File No.

 

Between:

 

Applicant

 

and:

 

Respondent

 

To:

 

The applicant has applied under subsection 29(1) of the Administrative Appeals Tribunal Act 1975 (“the Act”) for a review by the Administrative Appeals Tribunal of your decision referred to in the attached copy of the application.

 

You are a party to the proceeding before the Tribunal and you will be notified of the date and place of the hearing.

 

YOU ARE REQUIRED to lodge with the Tribunal 2 copies of:

     (a)     a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and

     (b)     every other document or part of a document that is in your possession or under your control and is considered by you to be relevant to the review of the decision by the Tribunal.

YOU ARE REQUIRED to lodge the copies with the Tribunal:

     *     within 28 days after receiving this notice

     *     within † days after receiving this notice

     *     within † days after receiving the notice which this notice amends.

YOU ARE REQUIRED to give copies of the statement and documents within that period to each other party to the proceeding.

 

 

Registrar/District Registrar/ Deputy Registrar

 

Date:

                                                                                                                       

*        Delete where inapplicable

†        Insert the number of days in the period specified in an order made     by the Tribunal under subsection 37(1A) of the Act in the            proceeding.

Form 5Application to be made a party to a proceeding

(subregulation 6(1))

Administrative Appeals Tribunal

Application to be made a party to a proceeding

 

Note   Subsection 30(1A) of the Act provides that if an application has been made by a person for review of a decision, any other person whose interests are affected by the decision may apply to be made a party to the proceeding.

 

I apply to be made a party to the proceeding between the parties described in item 1.

 

 

1. Names of the parties to the proceeding

 

 

 

 

 

 

 

2. Tribunal’s file number (if known)

 

 

 

3. Name of applicant

Mr/Mrs/Ms/Miss/Other

Family name (surname)

(full name)

 

 

Given name(s)

 

 

 

 

Telephone

Business: (   )                           Home: (   )

 

 

 

Your

 

address

 

 

 

 

                                                            Postcode:

 

 

The name, address and telephone number of your representative (if you have one)

 

 

 

 

 

                                                            Postcode

 

 

4. How does the

Outline the reasons why you should be made a party to

decision affect

the proceeding

your interests

 

 

 

 

 

Signature

 

   Date

 

 

 

 

 

Form 5ARequest for order to shorten time for lodging copies of documents

(regulation 7)

Administrative Appeals Tribunal

Request for order to shorten time for lodging copies of documents

 

Note   Subsection 37(1A) of the Act provides that if a party to a proceeding might suffer hardship, the party may seek an order to shorten the time for lodging copies of documents.

 

I apply for an order directing that the copies of documents about the decision described in item 2 be lodged by the decision maker within a period of less than 28 days after the decision maker receives or received the application for review of the decision.

 

 

1. Applicant

Mr/Mrs/Ms/Miss/Other

making the

Family name (surname)

request

 

(full name)

Given name(s)

 

 

 

 

 

 

Telephone

Business: (   )                           Home: (   )

 

 

 

 

Your

 

address

 

 

 

 

                                                            Postcode

 

 

The name, address and telephone number of your representative (if you have one)

 

 

 

 

 

                                                            Postcode

 

 

2. Decision

Attach a copy, if possible, or describe decision briefly.

 

 

 

 

 

 

 

 

 

Who made the

Department

decision, if you

or other body:

know (if copy of decision not attached)

Address:

 

                                                            Postcode

 

 

3. Reasons for the  request

Outline the hardship you would or might suffer if the time to lodge the documents is not shortened.

 

 

 

 

 

 

 

 

 

 

Signature

 

    Date

 

 

 

 

 

 

 

Form 6Request for order about the operation or implementation of a decision

(regulation 7A)

Administrative Appeals Tribunal

Request for order about the operation or implementation of a decision

 

Note   Subsection 41(2) of the Act provides that the interests of a person who may be affected by a review may seek an order about the operation or implementation of the decision.

I am a party to the proceeding described in item 2 that relates to the decision described in item 3.

I apply for an order about the operation or implementation of that decision.

 

 

1. Applicant

Mr/Mrs/Ms/Miss/Other

making the

Family name (surname)

request

 

(full name)

Given name(s)

 

 

 

 

Telephone

Business: (   )                           Home: (   )

 

 

 

 

Your

 

address

 

 

 

 

                                                            Postcode

 

 

The name, address and telephone number of your representative (if you have one)

 

 

 

 

                                                            Postcode

 

 

2. Names of the

 

parties to the

 

proceeding

 

 

 

 

 

 

 

3. Decision

Attach a copy, if possible, or describe decision briefly.

 

 

 

 

 

 

 

 

 

 

Who made the

Department

decision, if you

or other body:

know (if copy of decision not attached)

Address:

 

                                                            Postcode

 

 

4. Order sought

Describe what order you want to be made.

 

 

 

 

 

 

 

 

 

 

5. Grounds for request

 

 

 

 

 

 

 

Signature

 

   Date

 

 

 

 

 

Form 6ARequest for order varying or revoking an order about the operation or implementation of a decision

(regulation 7B)

Administrative Appeals Tribunal

Request for order varying or revoking an order about the operation or implementation of a decision

Note   Subsection 41(3) of the Act provides that if an order is in force under subsection 41(2) of the Act, a party to a proceeding may request an order varying or revoking the order about the operation or implementation of the decision.

I am a party to the proceeding described in item 2 that relates to the decision described in item 3, which is subject to the order referred to in item 4 (as varied by the order or orders referred to in item 5).

I apply for an order varying or revoking the order referred to in item 4.

1. Applicant

Mr/Mrs/Ms/Miss/Other

making the request

Family name (surname)

(full name)

 

 

Given name(s)

 

 

 

 

Telephone

Business: (   )                           Home: (   )

 

 

 

 

Your address

 

 

                                                            Postcode

 

 

The name, address and telephone number of your representative (if you have one)

 

 

 

 

                                                            Postcode

2. Names of the

 

parties to the

 

proceeding

 

 

 

 

 

3. Decision

Attach a copy, if possible, or describe decision briefly.

 

 

 

 

 

 

 

 

 

 

Who made the

Department

decision

or other body:

(if copy of decision not attached)

Address:

 

                                                            Postcode

 

 

4. Date of the

 

order about

 

the decision

 

 

 

5. Date of any

 

previous order

 

about the

 

decision

 

 

 

6. Grounds for

 

request

 

 

 

 

 

 

 

 

 

 

 

Signature

 

    Date

 

 

 

 

 

 

Form 7Summons to give evidence

(regulation 15)

Administrative Appeals Tribunal

Summons to give evidence

File No.

Between:

Applicant

and:

Respondent

To:

YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:

Time:                         (a.m./p.m.)

Date:

Place:

and on each subsequent day of the hearing of this matter until you are excused or released from further attendance.

Member/Registrar/District Registrar/Deputy Registrar

Date

Note:       A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal. The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).

This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable].

For further information please contact:

Firm/Agency:

Person dealing:

Telephone:

Form 8Summons to give evidence and produce documents

(regulation 15)

Administrative Appeals Tribunal

Summons to give evidence and produce documents

File No.

Between:

Applicant

and:

Respondent

To:

Name:

Address

YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:

Time:                        (a.m./p.m.)

Date:

Place:

and on each subsequent day of the hearing of this matter until you are excused or released from further attendance to give evidence.

YOU ARE ALSO REQUIRED at that time to produce the following books, documents or things:

Member/Registrar/District Registrar/Deputy Registrar

Date

Note:       A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal. The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).

This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable].

For further information please contact:

Firm/Agency:

Person Dealing:

Telephone:

Form 9Summons to produce documents

(regulation 15)

Administrative Appeals Tribunal

Summons to produce documents

File No.

Between:

Applicant

and:

Respondent

To:

Name:

Address:

YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal at:

Time:                        (a.m./p.m.)

Date:

Place:

AND produce to the Tribunal the following books, documents or things:

Note:       Instead of attending at the hearing to produce the books, documents or things, you may produce them to a member of the staff of the Tribunal at the place of the hearing not later than 4.00 pm on the day before the day mentioned above. If it is difficult for you to get to the Tribunal before 4.00 pm on that day, you should contact the registry of the Tribunal to make other delivery arrangements.

Member/Registrar/District Registrar/Deputy Registrar

Date:

This summons has been issued at the request of the applicant/respondent [delete whichever is not applicable].

For further information please contact:

Firm/Agency:

Person dealing:

Telephone:

Schedule 2Witnesses fees and allowances for expenses

(regulation 16)

  

              1.  A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Tribunal must be paid:

                     (a)  if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

                     (b)  in any other case—an amount of not less than $95, or more than $475, for each day on which he or she so attends.

              2.  A person summoned to appear as a witness, other than a witness referred to in item 1, before the Tribunal must be paid:

                     (a)  if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and

                     (b)  in any other case—an amount of not less than $54, or more than $89, for each day on which he or she so attends.

              3.  A person summoned to appear as a witness before the Tribunal must be paid a reasonable amount for allowances for:

                     (a)  transport between the usual place of residence of the person and the place that he or she attends for that purpose; and

                     (b)  if he or she is required to be absent overnight from his or her usual place of residence—meals and accommodation.

Schedule 3Prescribed decisions for the purposes of regulation 19

(regulation 19)

  

Item No.

Decision

1

A decision under the First Home Owners Act 1983, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1976, the Papua New Guinea (Staffing Assistance) Act 1973, the Safety Rehabilitation and Compensation Act 1988, the Seafarers Rehabilitation and Compensation Act 1992, the Veterans’ Entitlements Act 1986 or a decision that is taken, because of section 60 of the Veterans’ Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994, to have been made under the Veterans’ Entitlements Act 1986

1A

A decision under the family assistance law within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999

2

A determination under section 58B of the Defence Act 1903

3

A decision of the Defence Force Retirement and Death Benefits Authority reviewable under section 99 of the Defence Force Retirement and Death Benefits Act 1973

3A

A decision under the Defence Service Homes Act 1918

4

A decision under Part III of the Disability Services Act 1986

4A

A decision under the National Disability Insurance Scheme Act 2013

7

A decision under subsection 40AA(8), 40AA(10), section 40AB, 40ABA or 40AC of the National Health Act 1953

8

A decision under subsection 4(7) of the Nursing Homes Assistance Act 1974

9

A decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations

9A

A decision under the social security law within the meaning of subsection 23(17) of the Social Security Act 1991

10

A reviewable decision under section 154 of the Superannuation Act 1976

11

A decision under the Student and Youth Assistance Act 1973, other than Division 6 of Part 4A

12

A decision under the Military Rehabilitation and Compensation Act 2004 (including a decision under the Motor Vehicle Compensation Scheme determined under section 212 of the Act)

13

A decision under section 33 of the Social Services Act 1980 of Norfolk Island


Schedule 4Norfolk Island enactment decisions and specified persons

(regulation 20A)

Part 1Interpretation

1                 Interpretation—Schedule 4

             (1)  In this Schedule, an Act (other than the Norfolk Island Act 1979) that is mentioned in either of the following refers to an Act of the Territory of Norfolk Island:

                     (a)  subclause (2);

                     (b)  column 2 or 3 of the table in Part 2.

             (2)  In this Schedule:

Administrator has the meaning given by the Norfolk Island Act 1979.

authorised officer has the meaning given by subregulation 3(1).

Authority has the meaning given by the Bookmakers and Betting Exchange Act 1998.

Board has the meaning given by the Liquor Act 2005.

Chief Revenue Officer has the meaning given by the Goods and Services Tax Act 2007.

Conservator has the meaning given by the Public Reserves Act 1997.

Collector has the meaning given by the Customs Act 1913.

inspector has the meaning given by the Apiaries Act 1935.

Minister has the meaning given by the Norfolk Island Act 1979.

Officer has the meaning given by the definition of ‘the officer’ in subsection 3(1) of the Business Transactions (Administration) Act 2006.

Registrar of Titles has the meaning given by the Interpretation Act 1979.

valuer‑general has the meaning given by the Land Valuation Act 2012.


Part 2Enactment decisions and decision makers—Acts of the Territory of Norfolk Island

Item

Decision

Decision maker

1

A decision under subsection 10(2) of the Absentee Landowners Levy Act 1976

Minister

2

A decision under section 8 of the Animals (Importation) Act 1983

Administrator

3

A decision under any of the following provisions of the Apiaries Act 1935:

(a) paragraph 3A(1)(c);

(b) subsection 4(2);

(c) subsection 12(6)

Minister

4

A decision under paragraph 3A(2)(a) of the Apiaries Act 1935

inspector

5

A decision under section 11 or 29 of the Associations Incorporation Act 2005

Registrar of Associations appointed in accordance with section 4 of the Associations Incorporation Act 2005

6

A decision under section 37 or 50 of the Associations Incorporation Act 2005

Minister

7

A decision under section 3, 4 or 5 of the Birds Protection Act 1913

Minister

8

A decision under any of the following provisions of the Bookmakers and Betting Exchange Act 1998:

(a) section 8;

(b) subsection 11(1) or (2);

(c) subsection 12(1) or (2);

(d) subsection 13(1) or (2);

(e) subsection 44(1) or (2)

Authority

9

A decision under section 6, 7 or 8 of the Brands and Marks Act 1949

Registrar of Brands and Marks appointed in accordance with section 4 of the Brands and Marks Act 1949

10

A decision mentioned in subsection 43(1) or paragraph 43(2)(a) of the Building Act 2002

Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000

11

A decision mentioned in paragraph 43(2)(b) of the Building Act 2002

authorised officer

12

A decision under section 7 or 19 of the Business Names Act 1976

Registrar of Companies appointed in accordance with section 30 of the Companies Act 1985

13

A decision under the Business Transactions (Administration) Act 2006

Officer

14

A decision under subsection 9(2) of the Business Transactions (Levy Imposition) Act 2006

Officer

15

A decision under subsection 58(1) of the Companies Act 1985

Registrar of Companies appointed in accordance with section 30 of the Companies Act 1985

16

Any of the following decisions under the Crown Lands Act 1996:

(a) a decision under subsection 14(1);

(b) a decision related to a request made under subsection 26(1);

(c) a decision under section 28

Administrator

17

A decision under any of the following provisions of the Customs Act 1913:

(a) subsection 2A(1);

(b) section 4AA, 4ABA, 4AC, 4AAC, 4ACB or 4AD;

(c) section 5CA;

(d) section 8A, 8B, 8D or 8F

Collector

18

A decision under section 13 or 14 of the Electricity (Licensing and Registration) Act 1985

Minister

19

A decision to reject a claim made under section 91 of the Environment Act 1990

Minister

20

A decision under paragraph 128(1)(a), (b), (c) or (d) of the Environment Act 1990

Minister

21

A decision under paragraph 128(1), (e), (f) or (g) of the Environment Act 1990.

authorised officer

22

A decision under section 8 or subsection 14(2) of the Financial Institutions Levy Act 1985

Minister

23

A decision under section 6 or 7 of the Fuel Levy Act 1987

Minister

24

A decision under section 7 or 11 of the Goods and Services Tax Act 2007

Chief Revenue Officer

25

A decision under subsection 4(2) of the Healthcare Levy Act 1990

Minister

26

A decision under subsection 4(2) or (5) of the Land Administration Fees Act 1996

Registrar of Titles

27

A decision under the following provisions of the Land Titles Act 1996:

(a) paragraph 138(1)(a), (b) or (c);

(b) paragraph 146(2)(f)

Registrar of Titles

27A

A decision under subsection 79(1) of the Land Valuation Act 2012

valuer‑general

28

A decision under the Liquor Act 2005 in relation to any of the following:

(a) an application for the disqualification of a licensee or licensed premises;

(b) an application for the appointment of a nominee of a licensee;

(c) an application for any of the following actions to be taken in relation to a licence or permit:

(i) grant;

(ii) variation;

(iii) relocation;

(iv) transfer;

(v) renewal;

(vi) surrender;

(vii) suspension;

(viii) cancellation

the Board

29

A decision under section 7, 11 or 18 of the Lotteries and Fundraising Act 1987

Minister

30

A decision under section 7 of the Medical Practitioners Registration Act 1983

Minister

31

A decision under any of the following provisions of the Migratory Birds Act 1980:

(a) subsection 4(3), 7(2), 9(3) or 15(1);

(b) paragraph 15(2)(a)

Minister

32

A decision under the Norfolk Island Broadcasting Act 2001 other than a decision made under subsection 10(6) of that Act

Minister

33

A decision under section 2A or 3A of the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984

Administrator

34

A decision mentioned in paragraph 78(1)(a) or (b) of the Planning Act 2002

Minister

35

A decision mentioned in paragraph 78(1)(c) of the Planning Act 2002

authorised officer

36

The following decisions under the Public Health Act 1996:

(a) a decision under Part 2 to issue, or include requirements in, a public health notice;

(b) a decision under Part 4 to take any of the following actions in relation to a public health licence:

(i) refuse to grant;

(ii) refuse to issue;

(iii) cancel;

(iv) include conditions

Minister

37

A decision under section 6, 7, 15A or 17 of the Tourist Accommodation Act 1984

Minister

38

A decision under section 4 of the Tourist Accommodation (Ownership) Act 1989

Minister

39

A decision under paragraph 31(a), (b), (c) or (d) of the Public Reserves Act 1997

Conservator

40

A refusal to give a certificate under section 15 of the Roads Act 2002

Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000

41

A decision under section 33 of the Social Services Act 1980

Administrator

42

A refusal to give a written notice under section 11 of the Subdivision Act 2002

Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000

43

A refusal to give an authorisation under subsection 13(1) of the Telecommunications Act 1992

Minister

44

Any of the following decisions under the Trees Act 1997:

(a) a decision under section 9 to:

(i)   refuse to grant a permit; or

(ii)  endorse conditions on a permit;

(b) a decision under section 12 to refuse to register a plantation;

(c) a decision under section 17 to refuse to grant a timber licence;

(d) a decision under section 18 to endorse conditions on a timber licence

Minister

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

 

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub-Ch = Sub-Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)

/sub-subparagraph(s)

 

 

Endnote 3—Legislation history

 

Number and year

FRLI registration or gazettal

Commencement

Application, saving and transitional provisions

1976 No. 141

30 June 1976

1 July 1976

 

1977 No. 146

8 Sept 1977

8 Sept 1977

1979 No. 274

24 Dec 1979

24 Dec 1979

1984 No. 383

5 Dec 1984

r. 2(1): 1 Jan 1985
Remainder: 5 Dec 1984

1986 No. 168

30 June 1986

1 July 1986

1986 No. 232

4 Sept 1986

4 Sept 1986

1987 No. 23

24 Feb 1987

1 Mar 1987

1987 No. 181

16 Sept 1987

17 Sept 1987

1988 No. 25

10 Mar 1988

15 Mar 1988

1989 No. 157

30 June 1989

1 July 1989

1990 No. 284

6 Sept 1990

6 Sept 1990

1991 No. 233

31 July 1991

31 July 1991

1991 No. 450 (a)

19 Dec 1991

1 Apr 1992

1992 No. 235

29 July 1992

29 July 1992

1993 No. 64

4 May 1993

4 May 1993

1993 No. 276

5 Nov 1993

5 Nov 1993

1993 No. 326

10 Dec 1993

11 Dec 1993

1995 No. 343

23 Nov 1995

23 Nov 1995

1995 No. 421

22 Dec 1995

1 Jan 1996

1996 No. 187

30 Aug 1996

1 Sept 1996

1997 No. 156

30 June 1997

1 July 1997 (see r. 1 and Gazette 1997, No. S244)

1997 No. 348

15 Dec 1997

15 Dec 1997

1998 No. 223

7 July 1998

7 July 1998

2000 No. 17

15 Mar 2000

15 Mar 2000

2001 No. 116

6 June 2001

6 June 2001

2005 No. 154

8 July 2005 (see F2005L01758)

8 July 2005

2010 No. 151

29 June 2010 (see F2010L01844)

1 July 2010

2010 No. 241

15 Oct 2010 (see F2010L02722)

1 Nov 2010

r. 4

2011 No. 112

1 July 2011 (see F2011L1397)

rr. 1–3 and Schedule 1:
1 Nov 2010
r. 4 and Schedule 2:
2 July 2011

2012 No. 7

24 Feb 2012 (see F2012L00396)

1 Mar 2012

2012 No. 19

13 Mar 2012 (see F2012L00561)

14 Mar 2012

No. 89, 2013

4 June 2013 (see F2013L00910)

ss. 1–4: 5 June 2013
Schedule 1: 11 June 2013 (see s. 2)
Schedule 2: 1 July 2013

No. 1, 2014

19 Feb 2014 (see F2014L00158)

20 Feb 2014

(a)             Statutory Rules 1991 No. 450 were disallowed by the Senate on 3 March 1992.

 

Endnote 4—Amendment history

 

Provision affected

How affected

r. 1......................................

rs. 2000 No. 17

r. 3......................................

am. 1997 No. 348; 2012 No. 7

r. 4......................................

am. 1977 No. 146

r. 4A....................................

ad. 1984 No. 383

r. 5......................................

rs. 1977 No. 146

 

am. 1979 No. 274; 1997 No. 348

r. 5A....................................

ad. 1984 No. 383

 

am. 1986 No. 232; 1995 No. 343

r. 5B....................................

ad. 1986 No. 168

r. 5C....................................

ad. 1993 No. 326

r. 6......................................

am. 1977 No. 146; 1993 No. 64

r. 7......................................

am. 1977 No. 146

 

rs. 1979 No. 274

r. 7A....................................

ad. 1979 No. 274

r. 7B....................................

ad. 1979 No. 274

r. 8......................................

am. 1979 No. 274

r. 8A....................................

ad. 1993 No. 276

r. 9......................................

am. 1977 No. 146; 1979 No. 274; 1993 No. 276; 1997 No. 348

r. 10....................................

rs. 1977 No. 146

r. 11....................................

rs. 1977 No. 146

 

am. 1979 No. 274

 

rep. 1997 No. 348

rr. 12–14.............................

rep. 1977 No. 146

r. 15....................................

am. 1977 No. 146; 1993 No. 276

r. 16....................................

am. 1990 No. 284

r. 17....................................

am. 1977 No. 146

 

rep. 1997 No. 348

r. 18....................................

am. 1977 No. 146

 

rs. 1993 No. 276

r. 18A..................................

ad. 1993 No. 276

r. 19....................................

ad. 1987 No. 23

 

am. 1987 No. 181; 1988 No. 25; 1989 No. 157; 1993 No. 64; 1995 No. 421; 1996 No. 187; 1997 No. 156; 2000 No. 17; 2010 Nos. 151 and 241; 2011 No. 112; No. 89, 2013

Note to r. 19(1)...................

ad. 1996 No. 187

r. 19AA...............................

ad. 1997 No. 156

 

am. 2000 No. 17; 2010 Nos. 151 and 241; 2011 No. 112; No. 89, 2013

r. 19A..................................

ad. 1996 No. 187

 

rs. 1997 No. 156

 

am. 2010 No. 241

r. 19B..................................

ad. 1996 No. 187

 

am. 1997 No. 156; 2010 No. 241

Heading to r. 20...................

am. 1997 No. 348

 

rs. 2012 No. 7

r. 20....................................

ad. 1987 No. 23

 

rs. 1993 No. 64

 

am. 1997 Nos. 156 and 348; 2010 No. 241; 2012 No. 7

r. 20A..................................

ad. 2012 No. 7

r. 20B..................................

ad. 2012 No. 7

r. 21....................................

ad. 1998 No. 223

 

am. 2012 No. 7

r. 22....................................

ad. 2005 No. 154

Schedule 1

 

Schedule 1...........................

rs. 1977 No. 146

Form 1................................

1976 No. 141

 

rs. 1977 No. 146; 1997 No. 348

Form 2................................

1976 No. 141

 

rs. 1977 No. 146; 1997 No. 348

Form 3................................

1976 No. 141

 

rs. 1977 No. 146; 1997 No. 348

Form 4................................

1976 No. 141

 

rs. 1977 No. 146

 

am. 1979 No. 274

 

rs. 1997 No. 348

Form 5................................

1976 No. 141

 

rs. 1977 No. 146; 1997 No. 348

Form 5A..............................

ad. 1979 No. 274

 

rs. 1997 No. 348

Form 6................................

ad. 1977 No. 146

 

rs. 1979 No. 274; 1997 No. 348

Form 6A..............................

ad. 1979 No. 274

 

rs. 1997 No. 348

Form 7................................

ad. 1977 No. 146

 

rs. 1993 No. 276

 

am. 1997 No. 348

Note to Form 7....................

rs. 1997 No. 348

Form 8................................

ad. 1993 No. 276

 

am. 1997 No. 348

Note to Form 8....................

rs. 1997 No. 348

Form 9................................

ad. 1993 No. 276

 

am. 1997 No. 348

Note to Form 9....................

rs. 1997 No. 348

Schedule 2

 

Schedule 2...........................

rs. 1990 No. 284

 

am. 1991 No. 233; 1992 No. 235

Schedule 3

 

Schedule 3...........................

ad. 1988 No. 25

 

am. 1990 No. 284; 1993 Nos. 64 and 276; 1995 No. 343; 1997 No. 348; 2001 No. 116; 2012 No. 19; No. 89, 2013

Schedule 4

 

Schedule 4...........................

ad. 2012 No. 7

 

am No 1, 2014

 

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]