Administrative Decisions (Judicial Review) Act 1977

SECTION 3   INTERPRETATION  

3(1)  


In this Act, unless the contrary intention appears:

ACT enactment
means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988 ;

Commonwealth authority
means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act.

Court
(Repealed by No 194 of 1999)

decision to which this Act applies
means a decision of an administrative character made, proposed to be made, or required to be made (whether in the exercise of a discretion or not and whether before or after the commencement of this definition):


(a) under an enactment referred to in paragraph (a), (b), (c), (d) or (e) of the definition of enactment ; or


(b) by a Commonwealth authority or an officer of the Commonwealth under an enactment referred to in paragraph (ca), (cb) or (f) of the definition of enactment ;

other than:


(c) a decision by the Governor-General; or


(d) a decision included in any of the classes of decisions set out in Schedule 1 .

Note:

Regulations for the purposes of section 19 can declare that decisions that are covered by this definition are not subject to judicial review under this Act.

duty
includes a duty imposed on a person in his or her capacity as an officer or employee of the Crown.

enactment
means:


(a) an Act, other than:


(i) the Commonwealth Places (Application of Laws) Act 1970 ; or

(ii) the Northern Territory (Self-Government) Act 1978 ; or

(iii) an Act or part of an Act that is not an enactment because of section 3A (certain legislation relating to the ACT); or


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


(c) an instrument (including rules, regulations or by-laws) made under such an Act or under such an Ordinance, other than any such instrument that is not an enactment because of section 3A ; or


(ca) an Act of a State, the Australian Capital Territory or the Northern Territory, or a part of such an Act, described in Schedule 3 ; or


(cb) an instrument (including rules, regulations or by-laws) made under an Act or part of an Act covered by paragraph (ca); or


(d) any other law, or a part of a law, of the Northern Territory declared by the regulations, in accordance with section 19A , to be an enactment for the purposes of this Act; or


(e) a law continued in force in Norfolk Island by section 16 or 16A of the Norfolk Island Act 1979 (including such a law as amended in accordance with section 17 of that Act); or


(f) a law of a State or Territory applied in the Jervis Bay Territory or an external Territory;

and, for the purposes of paragraph (a), (b), (c), (ca), (cb), (e) or (f) includes a part of an enactment;

Note:

Regulations for the purposes of section 19B can amend Schedule 3 (see section 19B ).

failure
, in relation to the making of a decision, includes a refusal to make the decision;

Family Court Judge
means a Judge of the Family Court (including the Chief Justice, the Deputy Chief Justice or a Senior Judge);

Federal Circuit Court
means the Federal Circuit Court of Australia.

Federal Circuit Court Rules
means the Rules of Court made under the Federal Circuit Court of Australia Act 1999 .

Federal Court Rules
means the Rules of Court made under the Federal Court of Australia Act 1976 .

Federal Magistrates Rules
(Repealed by No 13 of 2013)

Finance Minister
means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

officer of the Commonwealth
has the same meaning as in paragraph 75(v) of the Constitution.

order of review
, in relation to a decision, in relation to conduct engaged in for the purpose of making a decision or in relation to a failure to make a decision, means an order on an application made under section 5 , 6 or 7 in respect of the decision, conduct or failure.

Rules of Court
(Repealed by No 194 of 1999)

the Court or a Judge
(Repealed by No 194 of 1999)

the Family Court
means the Family Court of Australia.

the Federal Court
means the Federal Court of Australia.

3(2)  
In this Act, a reference to the making of a decision includes a reference to:


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

and a reference to a failure to make a decision shall be construed accordingly.

3(3)  
Where provision is made by an enactment for the making of a report or recommendation before a decision is made in the exercise of a power under that enactment or under another law, the making of such a report or recommendation shall itself be deemed, for the purposes of this Act, to be the making of a decision.

3(4)  
In this Act:


(a) a reference to a person aggrieved by a decision includes a reference:


(i) to a person whose interests are adversely affected by the decision; or

(ii) in the case of a decision by way of the making of a report or recommendation - to a person whose interests would be adversely affected if a decision were, or were not, made in accordance with the report or recommendation; and


(b) a reference to a person aggrieved by conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision or by a failure to make a decision includes a reference to a person whose interests are or would be adversely affected by the conduct or failure.

3(5)  
A reference in this Act to conduct engaged in for the purpose of making a decision includes a reference to the doing of any act or thing preparatory to the making of the decision, including the taking of evidence or the holding of an inquiry or investigation.

3(6)  
A document or a statement that is required by this Act to be furnished to a person or a notice that is required by this Act to be given to a person may be posted to the person by a pre-paid letter:


(a) where the person has furnished an address at which documents may be served - to that address; or


(b) where no such address has been furnished:


(i) in the case of a person not being a company - to the address of his or her place of residence or business last known to the person posting the document, statement or notice; or

(ii) in the case of a company - to the address of the registered office of the company;

and, if a document, statement or notice is so posted, then, for the purposes of this Act, the document or statement shall be deemed to be furnished, or the notice shall be deemed to be given, as the case may be, at the time when the document, statement or notice is so posted.

3(7)  


A reference in a Schedule to this Act to another Act (including an Act of a State, the Australian Capital Territory or the Northern Territory) or a provision of another Act shall be read as including a reference to regulations or by-laws in force under that other Act or for the purposes of that provision, as the case may be.

3(7A)  


If an Act of a State, the Australian Capital Territory or the Northern Territory, or a part of such an Act, described in Schedule 3 applies all or part of another enactment or instrument as a law of the State or Territory, that other enactment or instrument, as so applying, is taken for the purposes of this Act to be included in the Act, or the part of the Act, of the State or Territory.

3(8)  
For the purposes of a Schedule to this Act:


(a) a decision made, proposed to be made, or required to be made, as the case may be, by a person acting as the delegate of another person, or by a person otherwise lawfully authorized to act on behalf of another person, shall be deemed to be a decision by that other person; and


(b) a decision made, proposed to be made, or required to be made, as the case may be, by a person for the time being acting in, or performing any of the duties of, an office or appointment shall be deemed to be a decision by the holder of that office or appointment.

3(8A)  


For the purposes of a Schedule to this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001 .

3(9)  


In a Schedule to this Act:

Commonwealth authority
(Repealed by No 57 of 2000)

Service
includes the Australian Federal Police.

3(10)  


To avoid doubt, a reference in this Act (other than subsections 11(1) , (2) and (3) ) to an application made to the Federal Court includes, and is taken always to have included, a reference to an application that has come, or that came, before the Federal Court by way of a transfer from the Federal Circuit Court under Part 5 of the Federal Circuit Court of Australia Act 1999 .

3(11)  


To avoid doubt, a reference in this Act (other than subsections 11(1) , (2) and (3) ) to an application made to the Federal Circuit Court includes, and is taken always to have included, a reference to an application that:


(a) has come, or that came, before the Federal Circuit Court by way of a transfer from the Federal Court under section 32AB of the Federal Court of Australia Act 1976 ; and


(b) could have been made directly to the Federal Circuit Court.

3(12)  


For the purposes of paragraph (11)(b), disregard section 19 of the Federal Circuit Court of Australia Act 1999 .



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