Federal Register of Legislation - Australian Government

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Regulations as amended, taking into account amendments up to Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021
Administered by: Attorney-General's
Registered 28 Sep 2021
Start Date 01 Sep 2021
Table of contents.

Commonwealth Coat of Arms of Australia

Administrative Decisions (Judicial Review) Regulations 2017

made under the

Administrative Decisions (Judicial Review) Act 1977

Compilation No. 1

Compilation date:                              1 September 2021

Includes amendments up to:            F2021L01204

Registered:                                         28 September 2021

About this compilation

This compilation

This is a compilation of the Administrative Decisions (Judicial Review) Regulations 2017 that shows the text of the law as amended and in force on 1 September 2021 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............................................................................................................................. 2

3............ Authority....................................................................................................................... 2

5............ Definitions..................................................................................................................... 2

6............ Decisions not subject to judicial review......................................................................... 2

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

                   This instrument is the Administrative Decisions (Judicial Review) Regulations 2017.

3  Authority

                   This instrument is made under the Administrative Decisions (Judicial Review) Act 1977.

5  Definitions

             (1)  In this instrument:

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

             (2)  A reference in section 6 to an Act or a provision of an Act includes a reference to instruments made under that Act or for the purposes of that provision, as the case may be.

6  Decisions not subject to judicial review

             (1)  For the purposes of subsection 19(1) of the Act, the following classes of decisions are declared to be decisions that are not subject to judicial review by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under the Act:

                     (a)  decisions under the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986;

                     (b)  decisions under the Fair Work (Registered Organisations) Act 2009 in its application by virtue of the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986;

                     (c)  decisions under the provisions of the Fair Work Act 2009, to the extent that the provisions apply to proceedings under or by virtue of the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986;

                     (d)  decisions under a law of Western Australia, in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958, by a person employed by Western Australia;

                     (e)  decisions under a law of Western Australia, in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955, by a person employed by Western Australia;

                      (f)  decisions under a law of New South Wales, in its application in Norfolk Island by virtue of the Norfolk Island Act 1979, by a person employed by New South Wales;

                     (g)  decisions under Part 1 of Chapter 8 of the Biosecurity Act 2015 in relation to a declaration made under subsection 443(1) of that Act;

                     (h)  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 that Act);

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

                      (j)  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 that Act).

             (2)  A reference in paragraphs (1)(d), (e) and (f) to a person employed by a particular State includes a reference to:

                     (a)  a person occupying, or acting in, an office or position under a law of that State; and

                     (b)  a person employed by a body established by or under a law of that State.


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

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Administrative Decisions (Judicial Review) Regulations 2017

21 Dec 2017 (F2017L01698)

22 Dec 2017 (s 2(1) item 1)

 

Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021

30 Aug 2021 (F2021L01204)

Sch 2 (item 1): 1 Sept 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.............................................

rep LA s 48D

s 4.............................................

rep LA s 48C

s 6.............................................

am F2021L01204

Schedule 1................................

rep LA s 48C