Administrative Decisions (Judicial Review) Act 1977
SCHEDULE 1
(a) decisions under the
Fair Work Act 2009
, the
Fair Work (Registered Organisations) Act 2009
, the
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
, the
Workplace Relations Act 1996
, the
Building and Construction Industry Improvement Act 2005
or the
Fair Work (Building Industry) Act 2012
;
(b) the following decisions under the
Australian Charities and Not-for-profits Commission Act 2012
:
(i) administrative decisions (within the meaning of that Act);
(ii) objection decisions (within the meaning of that Act);
(iii) extension of time refusal decisions (within the meaning of that Act);
(c) decisions under the
Coal Industry Act 1946
, other than decisions of the Joint Coal Board;
(d) decisions under any of the following Acts:
Australian Security Intelligence Organisation Act 1956
Intelligence Services Act 2001
Australian Security Intelligence Organisation Act 1979
Inspector-General of Intelligence and Security Act 1986
Telecommunications (Interception and Access) Act 1979
Telephonic Communications (Interception) Act 1960
;
(daa) decisions of the Minister administering the
Australian Security Intelligence Organisation Act 1979
under section 58A of the
Telecommunications Act 1997
;
(daaa) decisions of the Minister administering the
Australian Security Intelligence Organisation Act 1979
under clause 57A or 72A of Schedule 3A to the
Telecommunications Act 1997
;
(daaaa) decisions under Part 15 of the
Telecommunications Act 1997
;
(dab) decisions of the Minister administering the
Australian Federal Police Act 1979
under section
104.2
of the
Criminal Code
;
(daba) decisions of senior AFP members in relation to consent for the purposes of applications to vary interim control orders under section
104.11A
of the
Criminal Code
;
(dac) decisions under Division
105
of the
Criminal Code
;
(dad) decisions of the AFP Minister under Division
105A
of the
Criminal Code
;
(dae) decisions under Part 3A of the
Security of Critical Infrastructure Act 2018
;
(da) a privative clause decision within the meaning of subsection 474(2) of the
Migration Act 1958
;
(db) a purported privative clause decision within the meaning of section 5E of the
Migration Act 1958
;
(dc) decisions under section 22A or 24A of the
Australian Passports Act 2005
;
(dd) decisions under section 15A or 16A of the
Foreign Passports (Law Enforcement and Security) Act 2005
;
(e) decisions making, or forming part of the process of making, or leading up to the making of, assessments or calculations of tax, charge or duty, or decisions disallowing objections to assessments or calculations of tax, charge or duty, or decisions amending, or refusing to amend, assessments or calculations of tax, charge or duty, under any of the following Acts:
A New Tax System (Goods and Services Tax) Act 1999
A New Tax System (Luxury Car Tax) Act 1999
A New Tax System (Wine Equalisation Tax) Act 1999
Customs Act 1901
Customs Tariff Act 1995
Excise Act 1901
Fringe Benefits Tax Assessment Act 1986
Fuel Tax Act 2006
Income Tax Assessment Act 1936
Income Tax Assessment Act 1997
Petroleum Resource Rent Tax Assessment Act 1987
Superannuation Guarantee (Administration) Act 1992
Taxation Administration Act 1953
, but only so far as the decisions are made under Part
2-35
,
3-10
,
3-30
or
4-1
in Schedule
1
to that Act
Training Guarantee (Administration) Act 1990
Trust Recoupment Tax Assessment Act 1985
;
(ea) (Repealed by No 79 of 2010)
(f) (Repealed by No 145 of 2010)
(g) (Repealed by No 88 of 2009)
(ga) decisions under section
14ZY
of the
Taxation Administration Act 1953
disallowing objections to assessments or calculations of tax, charge or duty;
(gaa) decisions of the Commissioner of Taxation under Subdivision
268-B
or section
268-35
in Schedule
1
to the
Taxation Administration Act 1953
;
(gaaa) decisions of the Treasurer under section
12-439
in Schedule
1
to the
Taxation Administration Act 1953
;
(gab) decisions of the Commissioner of Taxation under Subdivision
136-A
in Schedule
1
to the
Taxation Administration Act 1953
;
(gac) decisions of the Commissioner of Taxation under Subdivision
265-C
in Schedule
1
to the
Taxation Administration Act 1953
that are referred to in section
265-110
in that Schedule;
(gad) decisions of the Commissioner of Taxation under Division
384
in Schedule
1
to the
Taxation Administration Act 1953
that are referred to in section
384-40
in that Schedule;
(gae) decisions of the Commissioner of Taxation under section
19AB
of the
Superannuation Guarantee (Administration) Act 1992
;
(gb) decisions making, or forming part of the process of making, or leading up to the making of, assessments under Division 2 of Part 5 of the
Renewable Energy (Electricity) Act 2000
or decisions disallowing objections to such assessments or decisions amending or refusing to amend such assessments;
(h) decisions under the
Foreign Acquisitions and Takeovers Act 1975
;
(ha) decisions of the Minister under Division
1
of Part
7.4
of the
Corporations Act 2001
;
(hb) decisions of the SEGC under Part
7.5
of the
Corporations Act 2001
;
(hba) decisions making, or forming part of the process of making, or leading up to the making of, determinations under the AFCA scheme (within the meaning of Chapter
7
of the
Corporations Act 2001
);
(hc) decisions under Division
3
of Part
VC
of the
Insurance Act 1973
, except so far as they relate to either of the following matters:
(i) whether persons are covered by determinations under section
62ZZ
of that Act;
(ii) determinations under subsection
62ZZJ(2)
of that Act;
(hd) decisions under Subdivision
C
of Division
2AA
of Part
II
of the
Banking Act 1959
, except so far as they relate to whether account-holders have protected accounts with ADIs;
(he) decisions under Part 2 of the
Financial Framework (Supplementary Powers) Act 1997
;
(hea) (Repealed by No 62 of 2014)
(hf) decisions under the following provisions of the
Public Governance, Performance and Accountability Act 2013
:
(i) section 15;
(ii) section 23;
(iii) section 85;
(j) decisions, or decisions included in a class of decisions, under the Banking (Foreign Exchange) Regulations in respect of which the Treasurer has certified, by instrument in writing, that the decision or any decision included in the class, as the case may be, is a decision giving effect to the foreign investment policy of the Commonwealth Government;
(k) (Omitted by No 76 of 1986)
(l) decisions of the National Workplace Relations Consultative Council;
(m) (Omitted by No 57 of 2000)
(n) (Omitted by No 57 of 2000)
(o) decisions under the
Defence Force Discipline Act 1982
;
(p) decisions under section
42
of the
Customs Act 1901
to require and take securities in respect of duty that may be payable under the
Customs Tariff (Anti-Dumping) Act 1975
;
(pa) decisions under section 75D, 75F or 75H of the
Maritime Powers Act 2013
;
(q) decisions under subsection 25(1) or Part IIIA of the
Commonwealth Electoral Act 1918
;
(qa) decisions under section 176 or 248 of the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
;
(r) decisions under the
Extradition Act 1988
;
(s) determinations made by the Child Support Registrar under Part
6A
of the
Child Support (Assessment) Act 1989
;
(t) decisions under an enactment of Qantas Airways Limited or a company that is a subsidiary of that company;
(u) decisions of Snowy Mountains Engineering Corporation Limited or a body corporate that is a subsidiary of that body corporate;
(v) decisions of CSL Limited or a company that is a subsidiary of that company;
(va) decisions of Telstra Corporation Limited or a company that is a subsidiary of that company;
(w) decisions under the
Witness Protection Act 1994
;
(wa) decisions under section 34B or 34D, or Division 2A of Part II, of the
Australian Crime Commission Act 2002
;
(x) decisions under subsection 60A(2B) of the
Australian Federal Police Act 1979
;
(xa) decisions to prosecute persons for any offence against a law of the Commonwealth, a State or a Territory;
(xb) decisions of the Attorney-General under Part II or III of the
Transfer of Prisoners Act 1983
refusing applications or requests, or refusing to give consent, on the ground that, or on grounds that include the ground that, refusal is necessary in the interests of security (within the meaning of that Act);
(xc) decisions of the Attorney-General under Part IV of the
Transfer of Prisoners Act 1983
;
(y) decisions of the Administrative Appeals Tribunal (other than decisions made on review of decisions of the Australian Archives) made on a review that is required by the
Administrative Appeals Tribunal Act 1975
to be conducted by the Security Division of that Tribunal;
(yaa) decisions of the Administrative Appeals Tribunal made on a review that is required by the
Australian Crime Commission Act 2002
to be conducted by the Security Division of that Tribunal;
(ya) decisions of a proceeds of crime authority or an approved examiner under Part
3-1
of the
Proceeds of Crime Act 2002
;
(yb) decisions of a proceeds of crime authority to apply for an order under the
Proceeds of Crime Act 2002
;
(yc) decisions of a proceeds of crime authority to transfer to another proceeds of crime authority responsibility for an application for a principal order, or a principal order, under section
315B
of the
Proceeds of Crime Act 2002
;
(za) decisions under Part
VIIIB
of the
Judiciary Act 1903
(which relates to the Australian Government Solicitor);
(zb) decisions of Snowy Hydro Limited or a body corporate that is a subsidiary of Snowy Hydro Limited;
(zc) (Repealed by No 29 of 2012)
(zd) (Repealed by No 13 of 2021)
(ze) the following decisions under the
Federal Court of Australia Act 1976
:
(i) decisions of the Chief Justice in the exercise of the functions or powers mentioned in subsection
15(1AA)
of that Act;
(ii) decisions of the Chief Justice or the Attorney General whether to consent as mentioned in paragraph
6(3)(a)
of that Act;
(zf) the following decisions under the
Federal Circuit and Family Court of Australia Act 2021
:
(i) decisions of the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) or the Minister whether to consent as mentioned in paragraph 12(1)(a) of that Act;
(ii) decisions of the Chief Justice or Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1) in the exercise of, or in assisting in the exercise of, the functions or powers mentioned in subsection 47(2) of that Act;
(iii) decisions of the Chief Judge or a Deputy Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) in the exercise of, or in assisting in the exercise of, the functions or powers mentioned in subsection 144(2) of that Act;
(iv) decisions of the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2) in the exercise of the functions or powers mentioned in subsection 147(1) of that Act.
(zfa) decisions under Part 2 of the
National Emergency Declaration Act 2020
in relation to a declaration made under subsection 11(1) of that Act;
(zg) decisions under the
National Redress Scheme for Institutional Child Sexual Abuse Act 2018
;
(zh) decisions under the
Australia
'
s Foreign Relations (State and Territory Arrangements) Act 2020
.
Section 3
CLASSES OF DECISIONS THAT ARE NOT DECISIONS TO WHICH THIS ACT APPLIES
Note:
Subdivision 268-B and section 268-35 empower the Commissioner to make, reduce and revoke estimates of certain liabilities.
Note:
Section 12-439 in that Schedule empowers the Treasurer to approve economic infrastructure facilities.
Note:
An application under this Act in relation to other criminal justice process decisions cannot be heard or determined in certain circumstances: see section 9A .
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