Legal database - View: Administrative Appeals Tribunal Act 1975 (Repealed)

Administrative Appeals Tribunal Act 1975 (Repealed)
PART I - PRELIMINARY
SECTION 1 SHORT TITLE
SECTION 2 COMMENCEMENT
SECTION 2A TRIBUNAL ' S OBJECTIVE
SECTION 3 INTERPRETATION
### (Repealed) SECTION 3A CERTAIN LEGISLATION RELATING TO AUSTRALIAN CAPITAL TERRITORY NOT TO BE ENACTMENT
### (Repealed) SECTION 3B MEMBERS MAY BE APPOINTED TO BE MEMBERS OF ADMINISTRATIVE APPEALS TRIBUNAL FOR THE ACT
SECTION 4 EXTENSION TO EXTERNAL TERRITORIES
PART II - ESTABLISHMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL
Division 1 - Establishment of Tribunal
SECTION 5 ESTABLISHMENT OF TRIBUNAL
SECTION 5A MEMBERSHIP
Division 2 - Members of Tribunal
SECTION 6 APPOINTMENT OF MEMBERS OF TRIBUNAL
SECTION 7 QUALIFICATIONS FOR APPOINTMENT
SECTION 7A APPOINTMENT OF A JUDGE AS A PRESIDENTIAL MEMBER NOT TO AFFECT TENURE ETC.
SECTION 8 TERM OF APPOINTMENT
### (Repealed) SECTION 8A (SPECIAL PROVISIONS - PRESIDENT ON THE BENCH OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION)
SECTION 9 REMUNERATION AND ALLOWANCES
SECTION 10 ACTING APPOINTMENTS
SECTION 10A DELEGATION
SECTION 10B OATH OR AFFIRMATION OF OFFICE
SECTION 11 OUTSIDE EMPLOYMENT
SECTION 12 LEAVE OF ABSENCE
SECTION 13 TERMINATION OF APPOINTMENT (NOT JUDGES)
SECTION 14 DISCLOSURE OF INTERESTS BY MEMBERS
SECTION 15 RESIGNATION
### (Repealed) SECTION 16 APPLICATION OF JUDGES' PENSIONS ACT
### (Repealed) SECTIONS 17 - 18
PART III - ORGANISATION OF THE TRIBUNAL
Division 1 - Divisions of the Tribunal
Subdivision A - Divisions of the Tribunal
SECTION 17A DIVISIONS OF THE TRIBUNAL
SECTION 17B ALLOCATION OF BUSINESS TO DIVISIONS
Subdivision B - Assignment of members to Divisions
SECTION 17C ASSIGNMENT OF MEMBERS TO DIVISIONS
SECTION 17CA ASSIGNMENT TO FREEDOM OF INFORMATION DIVISION
SECTION 17D ASSIGNMENT TO MIGRATION AND REFUGEE DIVISION
SECTION 17E ASSIGNMENT TO NATIONAL DISABILITY INSURANCE SCHEME DIVISION
SECTION 17F ASSIGNMENT TO SECURITY DIVISION
SECTION 17G ASSIGNMENT TO SOCIAL SERVICES AND CHILD SUPPORT DIVISION
SECTION 17H ASSIGNMENT TO TAXATION AND COMMERCIAL DIVISION
SECTION 17J VALIDITY
Subdivision C - Division heads and Deputy Division heads
SECTION 17K DIVISION HEADS
SECTION 17L DEPUTY DIVISION HEADS
Division 2 - Arrangement of business of Tribunal
SECTION 18A ARRANGEMENT OF BUSINESS
SECTION 18B PRESIDENT ' S DIRECTIONS - ARRANGEMENT OF BUSINESS
SECTION 18C SITTINGS OF TRIBUNAL
Division 3 - Constitution of Tribunal
Subdivision A - General
SECTION 19A PRESIDENT ' S DIRECTIONS - CONSTITUTION
SECTION 19B CONSTITUTION
SECTION 19C CONSTITUTION FOR REVIEW OF TAXING OF COSTS
SECTION 19D RECONSTITUTION
Subdivision B - Security Division
SECTION 19E CONSTITUTION OF SECURITY DIVISION
SECTION 19F CONSTITUTION OF SECURITY DIVISION FOR PROCEEDINGS TO REVIEW CERTAIN ARCHIVES DECISIONS
(Repealed) PART IIIAA - SMALL TAXATION CLAIMS TRIBUNAL
### (Repealed) SECTION 24AA DEFINITIONS
### (Repealed) SECTION 24AB REVIEWS OF RELEVANT TAXATION DECISIONS TO BE HEARD BEFORE THE TAXATION APPEALS DIVISION
### (Repealed) SECTION 24AC SMALL TAXATION CLAIMS TRIBUNAL TO HEAR CERTAIN TAX DISPUTES
### (Repealed) SECTION 24AD WHAT HAPPENS IF THE SMALL TAXATION CLAIMS TRIBUNAL CONSIDERS THAT THE TAX IN DISPUTE IS NOT LESS THAN THE DETERMINED AMOUNT
PART IIIA - MANAGEMENT OF THE TRIBUNAL
Division 1 - Management responsibilities of President and Registrar
SECTION 24A MANAGEMENT OF ADMINISTRATIVE AFFAIRS OF TRIBUNAL
SECTION 24B REGISTRAR OF THE TRIBUNAL
Division 1A - Application of the finance law
SECTION 24BA APPLICATION OF THE FINANCE LAW
Division 2 - Appointment, powers etc. of Registrar
SECTION 24C APPOINTMENT OF REGISTRAR
SECTION 24D POWERS OF THE REGISTRAR
SECTION 24E REMUNERATION OF REGISTRAR
SECTION 24F TERMS AND CONDITIONS OF APPOINTMENT OF REGISTRAR
SECTION 24G LEAVE OF ABSENCE
SECTION 24H RESIGNATION
SECTION 24J OUTSIDE EMPLOYMENT OF REGISTRAR
SECTION 24K TERMINATION OF APPOINTMENT
SECTION 24L DISCLOSURE OF INTERESTS BY REGISTRAR
SECTION 24M ACTING REGISTRAR
Division 3 - Other officers and staff of Tribunal
SECTION 24N STAFF
SECTION 24P FUNCTIONS OF OFFICERS AND STAFF MEMBERS OF THE TRIBUNAL
SECTION 24PA OFFICERS OF THE TRIBUNAL
SECTION 24Q ENGAGEMENT OF CONSULTANTS ETC.
Division 4 - Miscellaneous administrative matters
SECTION 24R ANNUAL REPORT
### (Repealed) SECTION 24S PROPER ACCOUNTS TO BE KEPT
### (Repealed) SECTION 24T AUDIT
### (Repealed) SECTION 24U REPEALED
### (Repealed) SECTION 24V DELEGATION OF ADMINISTRATIVE POWERS OF PRESIDENT
SECTION 24W PROCEEDINGS ARISING OUT OF ADMINISTRATION OF TRIBUNAL
PART IV - REVIEWS BY THE TRIBUNAL OF DECISIONS
Division 1A - Scope of operation of this Part
SECTION 24Z SCOPE OF OPERATION OF THIS PART
Division 1 - Applications for review of decisions
SECTION 25 TRIBUNAL MAY REVIEW CERTAIN DECISIONS
SECTION 26 RESTRICTION ON POWERS OF DECISION-MAKER AFTER APPLICATION FOR REVIEW IS MADE
SECTION 27 PERSONS WHO MAY APPLY TO TRIBUNAL
SECTION 27AA APPLICATIONS TO TRIBUNAL UNDER AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT
SECTION 27A NOTICE OF DECISION AND REVIEW RIGHTS TO BE GIVEN
SECTION 27B REVIEW - CODE OF PRACTICE
SECTION 28 PERSON AFFECTED BY DECISION MAY OBTAIN REASONS FOR DECISION
SECTION 29 MANNER OF APPLYING FOR REVIEW
SECTION 29AA ORAL APPLICATIONS
SECTION 29AB INSUFFICIENT STATEMENT OF REASONS FOR APPLICATION
SECTION 29AC NOTICE OF APPLICATION
### (Repealed) SECTION 29A APPLICATIONS - PAYMENT OF FEES
SECTION 29B NOTICE OF APPLICATION UNDER AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT
Division 2 - Parties and procedure
SECTION 30 PARTIES TO PROCEEDING BEFORE TRIBUNAL
SECTION 30A INTERVENTION BY ATTORNEY-GENERAL
SECTION 31 TRIBUNAL TO DETERMINE PERSONS WHOSE INTERESTS ARE AFFECTED BY DECISION
SECTION 32 REPRESENTATION BEFORE TRIBUNAL
SECTION 33 PROCEDURE OF TRIBUNAL
SECTION 33A PARTICIPATION BY TELEPHONE ETC.
Division 3 - Alternative dispute resolution processes
SECTION 34 SCOPE OF DIVISION
SECTION 34A REFERRAL FOR ALTERNATIVE DISPUTE RESOLUTION PROCESS
### (Repealed) SECTION 34B ALTERNATIVE DISPUTE RESOLUTION PROCESSES - PROCEEDING BEFORE THE SMALL TAXATION CLAIMS TRIBUNAL
### (Repealed) SECTION 34C DIRECTIONS BY PRESIDENT
SECTION 34D AGREEMENT ABOUT THE TERMS OF A DECISION ETC.
SECTION 34E EVIDENCE NOT ADMISSIBLE
SECTION 34F ELIGIBILITY OF PERSON CONDUCTING ALTERNATIVE DISPUTE RESOLUTION PROCESS TO SIT AS A MEMBER OF THE TRIBUNAL
### (Repealed) SECTION 34G PARTICIPATION BY TELEPHONE ETC.
SECTION 34H ENGAGEMENT OF PERSONS TO CONDUCT ALTERNATIVE DISPUTE RESOLUTION PROCESSES
Division 4 - Hearings and evidence
SECTION 34J CIRCUMSTANCES IN WHICH HEARING MAY BE DISPENSED WITH
SECTION 35 PUBLIC HEARINGS AND ORDERS FOR PRIVATE HEARINGS, NON-PUBLICATION AND NON-DISCLOSURE
SECTION 35AA ORDERS FOR NON-PUBLICATION AND NON-DISCLOSURE - CERTAIN SECURITY DIVISION PROCEEDINGS
### (Repealed) SECTION 35A PARTICIPATION BY TELEPHONE ETC
SECTION 36 DISCLOSURE NOT REQUIRED: ATTORNEY-GENERAL ' S PUBLIC INTEREST CERTIFICATE
SECTION 36A ANSWERING QUESTIONS WHERE ATTORNEY-GENERAL INTERVENES ON PUBLIC INTEREST GROUNDS
SECTION 36AA INTERPRETATION OF SECTIONS 36B, 36C AND 36D
SECTION 36B DISCLOSURE NOT REQUIRED: STATE ATTORNEY-GENERAL ' S PUBLIC INTEREST CERTIFICATE
SECTION 36C ANSWERING QUESTIONS WHERE STATE ATTORNEY-GENERAL INTERVENES ON PUBLIC INTEREST GROUNDS
SECTION 36D PUBLIC INTEREST QUESTIONS UNDER SECTIONS 36, 36A AND 36C
SECTION 37 LODGING OF MATERIAL DOCUMENTS WITH TRIBUNAL
SECTION 38 POWER OF TRIBUNAL TO OBTAIN ADDITIONAL STATEMENTS
SECTION 38AA ONGOING REQUIREMENT FOR LODGING MATERIAL DOCUMENTS WITH TRIBUNAL
SECTION 38A DIRECTOR-GENERAL OF SECURITY TO LODGE CERTAIN MATERIAL WITH TRIBUNAL
SECTION 39 RIGHTS OF PARTIES TO PRESENT CASE - DIVISIONS OTHER THAN SECURITY DIVISION
SECTION 39AA SUBMISSIONS BY AGENCY PARTY IN SOCIAL SERVICES AND CHILD SUPPORT DIVISION
SECTION 39A PROCEDURE IN SECURITY DIVISION REVIEW OF SECURITY ASSESSMENT
SECTION 39BA PROCEDURE IN SECURITY DIVISION REVIEW OF SECURITY CLEARANCE DECISION OR SECURITY CLEARANCE SUITABILITY ASSESSMENT
SECTION 39B CERTAIN DOCUMENTS AND INFORMATION NOT TO BE DISCLOSED IN CERTAIN SECURITY DIVISION REVIEWS
SECTION 39C REVIEW OF SECURITY CLEARANCE DECISIONS AND SECURITY CLEARANCE SUITABILITY ASSESSMENTS - CONSIDERATION AND DISCLOSURE OF CERTAIN DOCUMENTS AND INFORMATION
Division 5 - Procedural powers of Tribunal
SECTION 40 POWERS OF TRIBUNAL ETC.
SECTION 40A POWER TO SUMMON PERSON TO GIVE EVIDENCE OR PRODUCE DOCUMENTS
SECTION 40B INSPECTION OF DOCUMENTS PRODUCED UNDER SUMMONS
SECTION 41 OPERATION AND IMPLEMENTATION OF A DECISION THAT IS SUBJECT TO REVIEW
SECTION 42 RESOLVING DISAGREEMENTS
SECTION 42A DISCONTINUANCE, DISMISSAL, REINSTATEMENT ETC. OF APPLICATION
SECTION 42B POWER OF TRIBUNAL IF A PROCEEDING IS FRIVOLOUS, VEXATIOUS ETC.
SECTION 42C POWER OF TRIBUNAL IF PARTIES REACH AGREEMENT
SECTION 42D POWER TO REMIT MATTERS TO DECISION-MAKER FOR FURTHER CONSIDERATION
Division 6 - Tribunal's decision on review
SECTION 43 TRIBUNAL ' S DECISION ON REVIEW
Division 7 - Miscellaneous
SECTION 43AAA FINDINGS OF TRIBUNAL IN SECURITY DIVISION REVIEW OF SECURITY ASSESSMENT
SECTION 43AAB FINDINGS OF TRIBUNAL IN SECURITY DIVISION REVIEW OF SECURITY CLEARANCE DECISION OR SECURITY CLEARANCE SUITABILITY ASSESSMENT
SECTION 43AA CORRECTION OF ERRORS IN DECISIONS OR STATEMENT OF REASONS
### (Repealed) SECTION 43A RETURN OF DOCUMENTS ETC. AT COMPLETION OF PROCEEDING
PART IVA - APPEALS AND REFERENCES OF QUESTIONS OF LAW TO THE FEDERAL COURT OF AUSTRALIA
SECTION 43B PART APPLIES WHETHER TRIBUNAL ' S POWER CONFERRED BY AN ENACTMENT OR BY A LAW OF A STATE
SECTION 43C PART DOES NOT APPLY IN RELATION TO CERTAIN MIGRATION DECISIONS
SECTION 44 APPEALS TO FEDERAL COURT OF AUSTRALIA FROM DECISIONS OF THE TRIBUNAL
SECTION 44AAA APPEALS TO FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) FROM DECISIONS OF THE TRIBUNAL IN RELATION TO CHILD SUPPORT FIRST REVIEWS
SECTION 44AA TRANSFER OF APPEALS FROM FEDERAL COURT TO FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
SECTION 44A OPERATION AND IMPLEMENTATION OF A DECISION THAT IS SUBJECT TO APPEAL
SECTION 45 REFERENCE OF QUESTIONS OF LAW TO FEDERAL COURT OF AUSTRALIA
SECTION 46 SENDING OF DOCUMENTS TO, AND DISCLOSURE OF DOCUMENTS BY, THE FEDERAL COURT AND THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
PART V - ADMINISTRATIVE REVIEW COUNCIL
SECTION 47 INTERPRETATION
SECTION 48 ESTABLISHMENT OF COUNCIL
SECTION 49 COMPOSITION OF COUNCIL
SECTION 50 QUALIFICATIONS FOR APPOINTMENT
SECTION 51 FUNCTIONS AND POWERS OF COUNCIL
SECTION 51A MINISTER MAY GIVE DIRECTIONS TO THE COUNCIL
SECTION 51B MINISTER MAY REFER MATTERS TO THE COUNCIL
SECTION 51C REPORTS BY THE COUNCIL
SECTION 52 PERIOD OF APPOINTMENT
SECTION 53 REMUNERATION AND ALLOWANCES
SECTION 54 RESIGNATION
SECTION 55 REMOVAL FROM OFFICE
SECTION 56 MEETINGS
SECTION 57 STAFF OF COUNCIL
SECTION 58 ANNUAL REPORT
PART VI - MISCELLANEOUS
SECTION 59 ADVISORY OPINIONS
SECTION 59A AUTHORISED MEMBERS
SECTION 59B AUTHORISED OFFICERS
SECTION 60 PROTECTION AND IMMUNITY
SECTION 61 FAILURE TO COMPLY WITH SUMMONS
SECTION 62 REFUSAL TO BE SWORN OR TO ANSWER QUESTIONS
SECTION 62A FALSE OR MISLEADING EVIDENCE
SECTION 62B EXTENDED OPERATION OF CERTAIN PROVISIONS
SECTION 62C BREACH OF NON-DISCLOSURE ORDER
SECTION 63 CONTEMPT OF TRIBUNAL
SECTION 64 REGISTRIES
### (Repealed) SECTION 65 OFFICERS OF TRIBUNAL
SECTION 66 CONFIDENTIAL INFORMATION NOT TO BE DISCLOSED
SECTION 66A APPLICATION OF CONFIDENTIALITY PROVISIONS IN OTHER ACTS
SECTION 66B PUBLICATION OF TRIBUNAL DECISIONS
SECTION 67 FEES FOR COMPLIANCE WITH SUMMONS
SECTION 67A GIVING OF NOTICES
SECTION 68 GIVING DOCUMENTS
SECTION 68AA PRESIDENT ' S DIRECTIONS
SECTION 68A CALCULATION OF SHORT PERIODS OF TIME
SECTION 69 LEGAL ASSISTANCE
SECTION 69A PROCEDURE FOR TAXING COSTS
SECTION 69B COSTS IN CERTAIN SECURITY DIVISION REVIEWS
SECTION 69BA TERMINATION OF CERTAIN APPLICATIONS
SECTION 69C DISMISSAL OF APPLICATION FOR NON-PAYMENT OF APPLICATION FEE
SECTION 70 REGULATIONS
(Repealed) SCHEDULE 1
SCHEDULE 2