Administrative Appeals Tribunal Act 1975

PART I - PRELIMINARY  

SECTION 3   INTERPRETATION  

3(1)    

In this Act, unless the contrary intention appears:

ACT enactment
(Repealed by No 38 of 2005)

adduce
includes give.

agency party
means a party who is:

(a) the Secretary of a Department; or

(b) the Chief Executive Medicare; or

(c) the Chief Executive Centrelink; or

(d) the Child Support Registrar.

alternative dispute resolution processes
means procedures and services for the resolution of disputes, and includes:

(a) conferencing; and

(b) mediation; and

(c) neutral evaluation; and

(d) case appraisal; and

(e) conciliation; and

(f) procedures or services specified in the regulations;

but does not include:

(g) arbitration; or

(h) court procedures or services.

Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.

ASIO affiliate
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

ASIO employee
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

ASIO Minister
means the Minister administering the Australian Security Intelligence Organisation Act 1979 .

authorised member
means a member who has been authorised by the President under section 59A for the purposes of the provision in which the expression occurs.

authorised officer
means an officer of the Tribunal who has been authorised by the President under section 59B for the purposes of the provision in which the expression occurs.

authority of Norfolk Island
means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.

authority of the Commonwealth
means an authority, tribunal or other body, whether incorporated or not, that is established by an enactment.

Chief Executive Centrelink
has the same meaning as in the Human Services (Centrelink) Act 1997 .

Chief Executive Medicare
has the same meaning as in the Human Services (Medicare) Act 1973 .

child support first review
means a proceeding that is or would be a proceeding in the Social Services and Child Support Division on application for AAT first review within the meaning of the Child Support (Registration and Collection) Act 1988 .

Commonwealth agency
means a Minister or an authority of the Commonwealth.

Conference Registrar
(Repealed by No 60 of 2015)

CSC
(short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

Deputy President
means a member appointed as a Deputy President of the Tribunal.

Deputy Registrar
(Repealed by No 60 of 2015)

District Registrar
(Repealed by No 60 of 2015)

enactment
means:

(a) an Act;

(b) an Ordinance of a Territory other than the Northern Territory, the Australian Capital Territory or Norfolk Island; or

(c) an instrument (including rules, regulations or by-laws) made under an Act or under such an Ordinance;

and includes an enactment as amended by another enactment.

Note:

See also subsection 25(8) (Norfolk Island enactments).

engage in conduct
has the same meaning as in the Criminal Code .

exempt security record
means:

(a) a record of the Australian Security Intelligence Organisation; or

(b) a record that is claimed to be an exempt record under the Archives Act 1983 for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b) of that Act.

full-time member
means a member who is appointed as a full-time member.

immigration advisory service
means a body that provides services in relation to the seeking by non-citizens (within the meaning of the Migration Act 1958 ) of permission to enter or remain in Australia.

Judge
means:

(a) a Judge of a court created by the Parliament; or

(b) a person who has the same designation and status as a Judge of a court created by the Parliament.

member
means:

(a) the President; or

(b) a Deputy President; or

(c) a senior member; or

(d) any other member (of any level referred to in subsection 6(3) ).

non-presidential member
means a member other than a presidential member.

Norfolk Island enactment
means:

(a) an enactment (within the meaning of the Norfolk Island Act 1979 ); or

(b) an instrument (including rules, regulations or by-laws) made under such an enactment;

and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.

Norfolk Island Justice Minister
(Repealed by No 59 of 2015)

Norfolk Island Minister
(Repealed by No 59 of 2015)

officer of the Tribunal
means:

(a) the Registrar; or

(b) a person appointed as an officer of the Tribunal under section 24PA .

part-time member
means a member who is appointed as a part-time member.

person who made the decision
has a meaning affected by:

(a) if a review of the decision is or would be an AAT first review within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999 - section 111B of that Act; and

(b) if a review of the decision is or would be an AAT first review within the meaning of the Paid Parental Leave Act 2010 - section 224A of that Act; and

(c) if a review of the decision is or would be an AAT first review within the meaning of the Social Security (Administration) Act 1999 - section 142A of that Act; and

(d) if a review of the decision is or would be an AAT first review within the meaning of the Student Assistance Act 1973 - section 311A of that Act.

President
means the President of the Tribunal.

presidential member
means the President or a Deputy President.

proceeding
, in relation to the Tribunal, includes:

(a) an application to the Tribunal for review of a decision; and

(b) an application to the Tribunal under subsection 28(1AC) ; and

(c) an application to the Tribunal for review of a taxing of costs; and

(d) an application to the Tribunal for a costs certificate under section 10A of the Federal Proceedings (Costs) Act 1981 ; and

(e) an application to the Tribunal under subsection 62(2) of the Freedom of Information Act 1982 ; and

(f) any other application to the Tribunal under this Act or any other Act; and

(g) any matter referred to the Tribunal for inquiry and/or review under this Act or any other Act; and

(h) an incidental application to the Tribunal made in the course of, or in connection with, an application or proposed application, or a matter, referred to in a preceding paragraph.

Registrar
means the Registrar of the Tribunal.

second review
: a review by the Tribunal of a decision is or would be a second review if another enactment:

(a) authorises an application to be made for review of the decision; and

(b) designates the review as an AAT second review .

security assessment or assessment
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

security clearance decision
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

security clearance suitability assessment
has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

security vetting agency
has the meaning given by section 82A of the Australian Security Intelligence Organisation Act 1979 .

senior member
means a senior member of the Tribunal (of either level referred to in subsection 6(3) ).

Senior non-presidential member
(Omitted by No 26 of 1982)

Small Taxation Claims Tribunal
(Repealed by No 60 of 2015)

sponsoring agency
, in relation to a security clearance, has the meaning given by section 82A of the Australian Security Intelligence Organisation Act 1979 .

State
includes the Northern Territory and the Australian Capital Territory.

Tribunal
:

(a) means the Administrative Appeals Tribunal established by this Act; and

(b) in relation to a proceeding, means the Administrative Appeals Tribunal so established as constituted for the purposes of the proceeding; and

(c) includes a member, or an officer of the Tribunal, exercising powers of the Tribunal.

Territory
(Omitted by No 58 of 1977)

3(2)    
Where a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an enactment to make decisions, this Act applies as if that board, committee or other body were a person empowered to make those decisions.

3(3)    

Unless the contrary intention appears, a reference in this Act to a decision includes a reference to:

(a) making, suspending, revoking or refusing to make an order or determination;

(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;

(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;

(d) imposing a condition or restriction;

(e) making a declaration, demand or requirement;

(f) retaining, or refusing to deliver up, an article; or

(g) doing or refusing to do any other act or thing.

3(4)    

(Repealed by No 38 of 2005)

3(5)    
(Repealed by No 38 of 2005)