Administrative Decisions (Judicial Review) Regulations 1985

Statutory Rules No. 209, 1985

made under the

Administrative Decisions (Judicial Review) Act 1977

Compilation No. 5

Compilation date:                              16 June 2016

Includes amendments up to:            F2016L00717

Registered:                                         16 June 2016

About this compilation

This compilation

This is a compilation of the Administrative Decisions (Judicial Review) Regulations 1985 that shows the text of the law as amended and in force on 16 June 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                  5

Endnote 3—Legislation history                                                                               6

Endnote 4—Amendment history                                                                             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 Part 1 of Chapter 8 of the Biosecurity Act 2015 in relation to a biosecurity emergency declaration made under subsection 443(1) of that Act;

                      (i)  decisions under Part 1 of Chapter 8 of the Biosecurity Act 2015 to determine a requirement, give a direction, take any action or exercise any other power during a biosecurity emergency period (within the meaning of the Biosecurity Act 2015);

                      (j)  decisions under Part 2 of Chapter 8 of the Biosecurity Act 2015 in relation to a human biosecurity emergency declaration made under subsection 475(1) of that Act;

                     (k)  decisions under Part 2 of Chapter 8 of the Biosecurity Act 2015 to determine a requirement or give a direction during a human biosecurity emergency period (within the meaning of the Biosecurity Act 2015).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history