Statutory Rules 1996   No. 1871

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Administrative Appeals Tribunal  Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Administrative Appeals Tribunal Act 1975.

Dated 28 August 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1   These regulations commence on 1 September 1996.

2.   Amendment

2.1   The Administrative Appeals Tribunal  Regulations are amended as set out in these Regulations.

3.   Regulation 19 (Prescribed fees)

3.1   Subregulation 19 (1):

Omit “$368”, substitute “$500”.

[Note: The following note should be inserted after subregulation 19 (1):

“[Note: This fee is subject to increase under regulation 19A.]”]

3.2   Subregulation 19 (6):

Omit the subregulation, substitute:

 “(6) An application fee is not payable if:

 (a) the person liable to pay the 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 fee relates; or

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

 (i) the holder of one of the following cards issued by the Department of Social Security:

 (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 Social Security 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 AUSTUDY within the meaning of the AUSTUDY Regulations; or

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

 (c) the Registrar or Deputy Registrar, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.”.

4.   New regulations 19A and 19B

4.1   After regulation 19, insert:

Biennial increases in fees

 “19A. Despite any other provision of these Regulations, the fee prescribed by regulation 19 is increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 1996.

Calculation of increase

 “19B. (1) In this regulation:

‘fee’ means the fee prescribed by regulation 19;

‘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:

fee  x  latest CPI number

earlier CPI number

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 during 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.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 August 1996.

2. Statutory Rules 1976 No. 141 as amended by 1977 No. 146; 1979 No. 274; 1984 No. 383; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 No. 25; 1989 No. 157; 1990 No. 284; 1991 Nos. 233 and 450; 1992 No. 235; 1993 Nos. 64, 276 and 326; 1995 Nos. 343 and 421.