ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS 1976 (REPEALED)
REGULATION 1
1
NAME OF REGULATIONS
These Regulations are the Administrative Appeals Tribunal Regulations 1976.
REGULATION 2
2
COMMENCEMENT
These Regulations shall come into operation on 1 July 1976. REGULATION 3 INTERPRETATION 3(1)
In these Regulations, unless the contrary intention appears:
(a) for item 11 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 61 of the Building Act 2002 of the Territory of Norfolk Island; and
(b) for item 21 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 141 of the Environment Act 1990 of the Territory of Norfolk Island; and
(c) for item 35 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 94 of the Planning Act 2002 of the Territory of Norfolk Island; and
(d) elsewhere in these Regulations - a Registrar or Deputy Registrar appointed in accordance with section 12 of the Supreme Court Act 1960 of the Territory of Norfolk Island.
3(2)
A District Registrar and a Deputy Registrar:
(a) have all the powers and duties conferred on the Registrar under these Regulations, except the power under regulation 20B; and
(b) may perform all the functions that the Registrar may perform under these Regulations.
3(3)
In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.
REGULATION 4 SEAL OF THE TRIBUNAL 4(1)
The seal of the Tribunal shall be of a design approved by the President and shall include:
(a) the Coat of Arms of the Commonwealth of Australia, that is to say, the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated 19 September 1912; and
(b) the words ``Administrative Appeals Tribunal''.
4(2)
There shall be kept at each Registry, in such custody as the President directs, a seal of the Tribunal, and any of those seals may be used as the seal of the Tribunal.
4(3)
The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required by a direction of a presidential member to be sealed with the seal of the Tribunal.
REGULATION 4A 4A VETERANS' APPEALS DIVISION
For the purposes of subsection 19(2) of the Act, the Veterans' Appeals Division is a Division of the Tribunal.
REGULATION 5
APPLICATION FOR REVIEW
5(1)
For the purposes of paragraph 29(1)(b) of the Act, the prescribed form is Form 1.
5(2)
An application under subsection 29(7) of the Act may be made in accordance with Form 2.
5(3)
For the purposes of subsection 29(10) of the Act, the prescribed time is 14 days.
5(4)
Notice may be given to the Tribunal under subsection 29(10) of the Act by lodging with the Registrar a notice in writing in accordance with Form 3.
5(5)
For the purposes of subsection 29(11) of the Act, the prescribed form is Form 4.
5(6)
Where, after a notice in accordance with Form 4 has been issued, the Tribunal has made an order under subsection 37(1A) of the Act, the Registrar shall serve on the person who made the decision to which the order relates an amended notice in accordance with Form 4.
REGULATION 5A 5A ARRANGEMENT OF BUSINESS
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application made or, because of section 60 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994, taken to have been made, under section 175 of the Veterans' Entitlement Act 1986 shall be dealt with in the Veterans' Appeals Division of the Tribunal.
REGULATION 5B
5B
TAXATION APPEAL MATTERS
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application to the Tribunal to review a decision of the Commissioner of Taxation made under the Pay-roll Tax Assessment Act 1941 or under a taxation law within the meaning of section 2 of the Taxation Administration Act 1953 shall be dealt with in the Taxation Appeals Division of the Tribunal.
REGULATION 5C
APPLICATION OF THE ACT TO CERTAIN DECISIONS OF THE AUSTRALIAN SECURITIES COMMISSION
5C(1)
In this regulation, unless the contrary intention appears:
5C(2)
For the purposes of paragraph 27A(2)(e) of the Act, it is declared that subsection 27A(1) of the Act does not apply to a relevant decision.
5C(3)
Subject to subregulation (5), the Commission must take steps that are reasonable in the circumstances to give notice, in accordance with subregulation (4), to each person whose interests are affected by a relevant decision.
5C(4)
The notice may be in writing or otherwise, and must tell the person to whom it is given:
(a) of the making of the relevant decision; and
(b) of the right of the person to have that decision reviewed under section 1317B of the Corporations Law.
5C(5)
The Commission need not give notice to a person if the Commission considers that it is not reasonably practicable to do so, having regard to:
(a) the cost of giving the notice; and
(b) the manner in which the person's interests are affected by the relevant decision.
5C(6)
Failure by the Commission to comply with subregulation (3) in relation to a decision does not affect the validity of the relevant decision.
5C(7)
In exercising its powers under subsection 29(6) of the Act in relation to a relevant decision, the Tribunal must have regard to any absence of notice of that decision to the applicant for review.
REGULATION 6
APPLICATION TO BE MADE A PARTY
6(1)
An application to be made a party to a proceeding by a person referred to in subsection 30(1A) of the Act shall be in writing and may be in accordance with Form 5.
6(2)
The Registrar shall, on receipt of an application referred to in subregulation (1), cause a notice in writing of the application to be served on the parties to the proceeding.
REGULATION 7 7 REQUEST FOR SHORTENING PERIOD FOR LODGING COPIES OF MATERIAL DOCUMENTS
A request under subsection 37(1A) of the Act shall be made:
(a) by application in writing in accordance with Form 5A; or
(b) as the Tribunal, in a particular case, directs or allows. REGULATION 7A 7A REQUEST FOR ORDER STAYING OR OTHERWISE AFFECTING OPERATION OR IMPLEMENTATION OF A DECISION OR PART OF A DECISION
A request under subsection 41(2) of the Act shall be made:
(a) by application in writing in accordance with Form 6; or
(b) as the Tribunal, or a presidential member, in a particular case:
REGULATION 7B
7B
REQUEST FOR VARIATION OR REVOCATION OF STAYING ORDER
A request under subsection 41(3) of the Act shall be made:
(a) by application in writing in accordance with Form 6A; or
(b) as the Tribunal, or a presidential member, in a particular case:
REGULATION 8
NOTICE OF REQUEST UNDER SUBSECTION 41(2) OF THE ACT
8(1)
The Registrar shall, on receipt of a request under subsection 41(2) or (3) of the Act, give notice of the request to the person who made the decision and to any other party to the proceeding.
8(2)
Notice under subregulation (1) shall be given:
(a) if the request under subsection 41(2) or (3) of the Act is lodged in writing with the Registrar - by causing a copy of the request to be served on the person who made the decision and on any other party to the proceeding; and
(b) in any other case - in such other manner as the Tribunal or a presidential member directs or allows in a particular case.
REGULATION 8A 8A TIME WITHIN WHICH APPLICATION MAY BE DISMISSED IF APPLICANT CANNOT SHOW REVIEWABLE DECISION
For the purposes of paragraph 42A(4)(b) of the Act, the prescribed time is 14 days.
REGULATION 9
LODGING OR FILING OF DOCUMENTS WITH REGISTRAR
9(1)
The Registrar shall cause the date on which a document was lodged or received at his office to be recorded on the document.
9(2)
The Registrar shall acknowledge in writing the receipt of an application under subsection 28(1B), 29(1) or 29(7) of the Act, of an application referred to in subregulation 6(1), or of a request under subsection 37(1A), 41(2) or 41(3) of the Act that is lodged in writing.
9(3)
For the purposes of subsection 68(2) of the Act, a document may be lodged with the Registrar by facsimile transmission or electronic mail.
REGULATION 10 NOTICE UNDER SUBSECTION 21(2) OF THE ACT REGARDING COMPOSITION OF TRIBUNAL 10(1)
Subject to subregulation (2), a notice under subsection 21(2) of the Act shall be lodged with the Tribunal by delivering the notice to the Registrar not less than 7 days before the day on which the hearing to which the notice relates is to commence.
10(2)
A presidential member may, at any time before the hearing of a proceeding before the Tribunal, approve the giving of a notice under subsection 21(2) of the Act on, or on a day within 7 days before, the day on which the hearing is to commence, and, where he gives such an approval, the notice shall be lodged with the Tribunal by delivering the notice to the Registrar on or before the day specified by the presidential member in his approval and before the hearing of the proceeding commences.
REGULATION 11 11 LODGING OF MATERIAL DOCUMENTS WITH TRIBUNAL
(Omitted by SR No 348 of 1997) 12-14 REGULATIONS 12-14 (Repealed)
(Repealed by SR No 146 of 1977) REGULATION 15 15 FORMS OF SUMMONS
A summons under subsection 40(1A) of the Act:
(a) shall be in accordance with Form 7, 8 or 9, as the case requires; and
(b) shall be served on a person by:
REGULATION 16
16
WITNESSES EXPENSES
A person summoned to appear as a witness before the Tribunal shall be paid such fees, and allowances for expenses, in respect of his attendance, in accordance with Schedule 2, as determined by the Tribunal or by a presidential member.
REGULATION 17
17
HOURS OF REGISTRAR'S OFFICE
(Omitted by SR No 348 of 1997) REGULATION 18 ADDRESS FOR SERVICE 18(1)
In this regulation:
18(2)
A person may:
(a) lodge an address for service of documents in a proceeding; and
(b) at any time after lodging an address for service in a proceeding, lodge a new address for service in that proceeding.
18(3)
If a person lodges with the Registrar a new address for service under paragraph (2)(b):
(a) that new address becomes the person's address for service in the proceeding; and
(b) he or she must, immediately after doing so, serve on every other party to the proceeding a notice of that new address for service.
REGULATION 18A
SERVICE OF DOCUMENTS
18A(1)
In this regulation:
(a) a notice (other than a notice referred to in section 67A of the Act); and
(b) a statement.
18A(2)
A document may be served:
(a) by personal service in the way set out in subregulation (3), (4), (5) or (6), as the case requires; or
(b) by post in the way set out in subregulation (7).
18A(3)
A document may be served on an individual by handing a copy of it to him or her, or putting it down in his or her presence, and telling him or her its general nature.
18A(4)
If the person to be served has lodged an address for service, a document may be served by handing a copy of it to a person at that address who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
18A(5)
A document may be served on an individual who has not lodged an address for service at his or her residential or business address last known to the person serving the document, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
18A(6)
A document may be served on a corporation that has not lodged an address for service at its registered office, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, the address of that office.
18A(7)
A document may be served on a person by post by enclosing it in a prepaid letter addressed to the person at the address that is the person's address for service under regulation 18 or, if the person has not lodged an address for service under that regulation, at:
(a) in the case of an individual - his or her residential or business address last known to the person posting the document; or
(b) in the case of a corporation - its registered office.
18A(8)
If a document is served by post in accordance with subregulation (7), it is taken to be served on the day it is posted.
REGULATION 19 PRESCRIBED FEES - GENERAL 19(1)
Subject to this regulation, a fee of $777 (in this regulation called an application fee ) is payable for lodging with the Tribunal of:
(a) an application for review of a decision, other than a relevant taxation decision within the meaning of Part IIIAA of the Act; or
(b) an application under subsection 28(1AC) of the Act; or
(c) an application under subsection 62(2) of the Freedom of Information Act 1982;
19(2)
In this regulation, prescribed decision means:
(a) a decision specified in Schedule 3; or
(b) a decision reviewable under the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3.
19(3)
Subregulation (1) does not apply to a referral of a decision (being a referral that is deemed by an enactment to constitute an application to the Tribunal for review of the decision) where a fee is payable under a provision of that or another enactment on the lodgment of a request to refer the decision to the Tribunal.
19(4)
(Repealed by SLI No 89 of 2013)
19(5)
If 2 or more applications:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time;
19(6)
A fee of $100 is payable instead of the application fee if:
(a) the person liable to pay the application 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 application fee relates; or
(b) the person liable to pay the application fee is:
19(6A)
If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay an application fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may order that a fee of $100 is payable instead of the application fee.
19(6B)
The fee for lodging an application is payable when the application is lodged.
19(6C)
If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
19(6D)
If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
19(7)
A person who has paid an application fee or a fee mentioned in subregulation (6) or (6A) is entitled to a refund of the fee if the fee was not payable.
19(8)
A person is entitled to a refund (the refund amount ), if:
(a) the person paid an application fee but was liable to pay the fee mentioned in subregulation (6); or
(b) the person paid an application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
19(9)
The refund amount is:
(a) if the application was lodged before 1 November 2010 - the application fee; and
(b) if the application is lodged on or after 1 November 2010 - the difference between the application fee and $100.
REGULATION 19AA
PRESCRIBED FEES - PART IIIAA TAXATION DECISIONS
19AA(1)
In this regulation:
19AA(2)
For Part IIIAA of the Act:
(a) the amount of a lower application fee is $77; and
(b) the amount of a standard application fee is $777.
19AA(3)
(Repealed by SLI No 89 of 2013)
19AA(4)
For paragraph 24AD(2)(c) of the Act, if no direction is given by the Tribunal for the period within which an additional fee must be paid, the prescribed period is 28 days from the date of making of the order.
19AA(5)
The Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable in relation to 2 or more applications for which the same fee is payable, if they:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time.
19AA(6)
Subregulation (6A) applies to a person if:
(a) the person is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General; or
(b) the person is:
19AA(6A)
If a person mentioned in subregulation (6) is liable to pay a standard application fee or an additional fee:
(a) a fee of $100 is payable by the person instead of a standard application fee; and
(b) either:
19AA(6B)
If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay a standard application fee or an additional fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may:
(a) order that a fee of $100 is payable instead of a standard application fee; or
(b) either:
19AA(6C)
The fee for lodging an application is payable when the application is lodged.
19AA(6D)
If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
19AA(6E)
If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
19AA(7)
A person who has paid any of the following fees is entitled to a refund of the fee if the fee was not payable:
(a) the lower application fee;
(b) the standard application fee;
(c) the additional fee;
(d) the fee mentioned in paragraph (6A)(a);
(e) the fee mentioned in subparagraph (6A)(b)(i);
(f) the fee mentioned in subparagraph (6A)(b)(ii).
19AA(8)
A person is entitled to a refund (the refund amount ), if:
(a) the person paid the standard application fee but was liable to pay the lower application fee; or
(b) the person paid the standard application fee but was liable to pay the fee mentioned in paragraph (6A)(a); or
(c) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(i); or
(d) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(ii); or
(e) the person paid the standard application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant; or
(f) the person paid the lower application fee and the additional fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
19AA(9)
For subregulation (8), the refund amount is:
(a) for paragraph (8)(a) - the difference between the standard application fee and the lower application fee; and
(b) for paragraph (8)(b) - the difference between the standard application fee and the fee mentioned in paragraph (6A)(a); and
(c) for paragraph (8)(c) - the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(i); and
(d) for paragraph (8)(d) - the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(ii); and
(e) for paragraph (8)(e):
(f) for paragraph (8)(f):
19AA(10)
If:
(a) an order is made under paragraph 24AD(4)(e) of the Act in relation to applications made by a person; and
(b) the total amount of application fees paid by the person is greater than the standard application fee;
REGULATION 19A 19A BIENNIAL INCREASES IN FEES
Despite any other provision of these Regulations, the fees prescribed by regulations 19 (except the fees mentioned in subregulations (6) and (6A)) and 19AA (except the fees mentioned in paragraphs (6A)(a) and (6B)(a)) are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 2010.
REGULATION 19B
CALCULATION OF INCREASE
19B(1)
In this regulation:
(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.
19B(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:
19B(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.
19B(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.
19B(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.
REGULATION 20 REVIEW BY TRIBUNAL - CERTAIN FEE PAYMENT DECISIONS
20(1)
A person may apply to the Tribunal for a review of any of the following decisions by the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition ofauthorised officer :
(a) under subregulation 19(5) or subregulation 19AA(5), not to order that only 1 fee is payable;
(b) under subregulation 19(6A), not to order that a fee of $100 is payable;
(c) under paragraph 19AA(6B)(a), not to order that a fee of $100 is payable;
(d) under subparagraph 19AA(6B)(b)(i) not to order that an amount equal to the difference between the lower application fee and $100 is payable;
(e) under subparagraph 19AA(6B)(b)(i) not to order that a fee of $100 is payable.
20(2)
If the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer makes a decision of that kind, a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.
20(3)
A notice under subregulation (2) must be given within 28 days of the date of the decision.
20(4)
Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.
REGULATION 20A
REVIEW BY TRIBUNAL - NORFOLK ISLAND ENACTMENT DECISIONS
20A(1)
For subsection 25(2) of the Act, a person may apply to the Tribunal for review of a decision:
(a) made in the exercise of powers conferred by a Norfolk Island enactment; and
(b) mentioned in column 2 of the table in Part 2 of Schedule 4.
20A(2)
For paragraph 25(3)(a) of the Act, a decision maker mentioned in column 3 of the table in Part 2 of Schedule 4 is specified.
REGULATION 20B
20B
REGISTRAR MAY AUTHORISE CERTAIN AUTHORISED OFFICERS TO PERFORM SOME POWERS OR FUNCTIONS
If a person is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer , the Registrar may authorise the person to exercise a power or function (except the power under this regulation) in relation to an application that is:
(a) lodged at the Registry of the Tribunal caused to be established on Norfolk Island under subsection 64(1) of the Act; or
(b) listed to be heard by the Tribunal.
REGULATION 21
21
PRESCRIBED CONTRACT LIMIT
For subsection 24A(4) of the Act, a higher amount of $1,000,000 is prescribed.
REGULATION 22
22
PRESCRIBED NUMBER OF MEMBERS
For subparagraph 49(1)(d)(ii) of the Act, 11 is prescribed.
SCHEDULE 1
SCHEDULE 2
(a) if the person is remunerated in his or her occupation by wages, salary or fees - an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case - an amount of not less than $95, or more than $475, for each day on which he or she so attends.
(a) if the person is remunerated in his or her occupation by wages, salary or fees - an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case - an amount of not less than $54, or more than $89, for each day on which he or she so attends.
(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and
(b) if he or she is required to be absent overnight from his or her usual place of residence - meals and accommodation.
SCHEDULE 3
SCHEDULE 4
In this Schedule, an Act (other than the Norfolk Island Act 1979) that is mentioned in either of the following refers to an Act of the Territory of Norfolk Island:
(a) subclause (2);
(b) column 2 or 3 of the table in Part 2.
1(2)
In this Schedule:
PART 2 - ENACTMENT DECISIONS AND DECISION MAKERS - ACTS OF THE TERRITORY OF NORFOLK ISLAND
FORMS NOT PRESCRIBED BY REGULATION
These Regulations are the Administrative Appeals Tribunal Regulations 1976.
View history note
Hide history noteThese Regulations shall come into operation on 1 July 1976. REGULATION 3 INTERPRETATION 3(1)
In these Regulations, unless the contrary intention appears:
Act
means the Administrative Appeals Tribunal Act 1975.
(a) for item 11 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 61 of the Building Act 2002 of the Territory of Norfolk Island; and
(b) for item 21 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 141 of the Environment Act 1990 of the Territory of Norfolk Island; and
(c) for item 35 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 94 of the Planning Act 2002 of the Territory of Norfolk Island; and
(d) elsewhere in these Regulations - a Registrar or Deputy Registrar appointed in accordance with section 12 of the Supreme Court Act 1960 of the Territory of Norfolk Island.
3(2)
A District Registrar and a Deputy Registrar:
(a) have all the powers and duties conferred on the Registrar under these Regulations, except the power under regulation 20B; and
(b) may perform all the functions that the Registrar may perform under these Regulations.
3(3)
In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.
REGULATION 4 SEAL OF THE TRIBUNAL 4(1)
The seal of the Tribunal shall be of a design approved by the President and shall include:
(a) the Coat of Arms of the Commonwealth of Australia, that is to say, the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated 19 September 1912; and
(b) the words ``Administrative Appeals Tribunal''.
4(2)
There shall be kept at each Registry, in such custody as the President directs, a seal of the Tribunal, and any of those seals may be used as the seal of the Tribunal.
4(3)
The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required by a direction of a presidential member to be sealed with the seal of the Tribunal.
REGULATION 4A 4A VETERANS' APPEALS DIVISION
For the purposes of subsection 19(2) of the Act, the Veterans' Appeals Division is a Division of the Tribunal.
For the purposes of paragraph 29(1)(b) of the Act, the prescribed form is Form 1.
5(2)
An application under subsection 29(7) of the Act may be made in accordance with Form 2.
5(3)
For the purposes of subsection 29(10) of the Act, the prescribed time is 14 days.
5(4)
Notice may be given to the Tribunal under subsection 29(10) of the Act by lodging with the Registrar a notice in writing in accordance with Form 3.
5(5)
For the purposes of subsection 29(11) of the Act, the prescribed form is Form 4.
5(6)
Where, after a notice in accordance with Form 4 has been issued, the Tribunal has made an order under subsection 37(1A) of the Act, the Registrar shall serve on the person who made the decision to which the order relates an amended notice in accordance with Form 4.
REGULATION 5A 5A ARRANGEMENT OF BUSINESS
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application made or, because of section 60 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994, taken to have been made, under section 175 of the Veterans' Entitlement Act 1986 shall be dealt with in the Veterans' Appeals Division of the Tribunal.
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application to the Tribunal to review a decision of the Commissioner of Taxation made under the Pay-roll Tax Assessment Act 1941 or under a taxation law within the meaning of section 2 of the Taxation Administration Act 1953 shall be dealt with in the Taxation Appeals Division of the Tribunal.
In this regulation, unless the contrary intention appears:
"relevant decision"
means a decision to which section 1317B of the Corporations Law applies that was made by the Australian Securities Commission on or after 11 December 1993;
"the Commission"
is taken to include a reference to a delegate of the Commission.
5C(2)
For the purposes of paragraph 27A(2)(e) of the Act, it is declared that subsection 27A(1) of the Act does not apply to a relevant decision.
5C(3)
Subject to subregulation (5), the Commission must take steps that are reasonable in the circumstances to give notice, in accordance with subregulation (4), to each person whose interests are affected by a relevant decision.
5C(4)
The notice may be in writing or otherwise, and must tell the person to whom it is given:
(a) of the making of the relevant decision; and
(b) of the right of the person to have that decision reviewed under section 1317B of the Corporations Law.
5C(5)
The Commission need not give notice to a person if the Commission considers that it is not reasonably practicable to do so, having regard to:
(a) the cost of giving the notice; and
(b) the manner in which the person's interests are affected by the relevant decision.
5C(6)
Failure by the Commission to comply with subregulation (3) in relation to a decision does not affect the validity of the relevant decision.
5C(7)
In exercising its powers under subsection 29(6) of the Act in relation to a relevant decision, the Tribunal must have regard to any absence of notice of that decision to the applicant for review.
An application to be made a party to a proceeding by a person referred to in subsection 30(1A) of the Act shall be in writing and may be in accordance with Form 5.
6(2)
The Registrar shall, on receipt of an application referred to in subregulation (1), cause a notice in writing of the application to be served on the parties to the proceeding.
REGULATION 7 7 REQUEST FOR SHORTENING PERIOD FOR LODGING COPIES OF MATERIAL DOCUMENTS
A request under subsection 37(1A) of the Act shall be made:
(a) by application in writing in accordance with Form 5A; or
(b) as the Tribunal, in a particular case, directs or allows. REGULATION 7A 7A REQUEST FOR ORDER STAYING OR OTHERWISE AFFECTING OPERATION OR IMPLEMENTATION OF A DECISION OR PART OF A DECISION
A request under subsection 41(2) of the Act shall be made:
(a) by application in writing in accordance with Form 6; or
(b) as the Tribunal, or a presidential member, in a particular case:
(i) directs; or
(ii) allows.
A request under subsection 41(3) of the Act shall be made:
(a) by application in writing in accordance with Form 6A; or
(b) as the Tribunal, or a presidential member, in a particular case:
(i) directs; or
(ii) allows.
The Registrar shall, on receipt of a request under subsection 41(2) or (3) of the Act, give notice of the request to the person who made the decision and to any other party to the proceeding.
8(2)
Notice under subregulation (1) shall be given:
(a) if the request under subsection 41(2) or (3) of the Act is lodged in writing with the Registrar - by causing a copy of the request to be served on the person who made the decision and on any other party to the proceeding; and
(b) in any other case - in such other manner as the Tribunal or a presidential member directs or allows in a particular case.
REGULATION 8A 8A TIME WITHIN WHICH APPLICATION MAY BE DISMISSED IF APPLICANT CANNOT SHOW REVIEWABLE DECISION
For the purposes of paragraph 42A(4)(b) of the Act, the prescribed time is 14 days.
The Registrar shall cause the date on which a document was lodged or received at his office to be recorded on the document.
9(2)
The Registrar shall acknowledge in writing the receipt of an application under subsection 28(1B), 29(1) or 29(7) of the Act, of an application referred to in subregulation 6(1), or of a request under subsection 37(1A), 41(2) or 41(3) of the Act that is lodged in writing.
9(3)
For the purposes of subsection 68(2) of the Act, a document may be lodged with the Registrar by facsimile transmission or electronic mail.
REGULATION 10 NOTICE UNDER SUBSECTION 21(2) OF THE ACT REGARDING COMPOSITION OF TRIBUNAL 10(1)
Subject to subregulation (2), a notice under subsection 21(2) of the Act shall be lodged with the Tribunal by delivering the notice to the Registrar not less than 7 days before the day on which the hearing to which the notice relates is to commence.
10(2)
A presidential member may, at any time before the hearing of a proceeding before the Tribunal, approve the giving of a notice under subsection 21(2) of the Act on, or on a day within 7 days before, the day on which the hearing is to commence, and, where he gives such an approval, the notice shall be lodged with the Tribunal by delivering the notice to the Registrar on or before the day specified by the presidential member in his approval and before the hearing of the proceeding commences.
REGULATION 11 11 LODGING OF MATERIAL DOCUMENTS WITH TRIBUNAL
(Omitted by SR No 348 of 1997) 12-14 REGULATIONS 12-14 (Repealed)
(Repealed by SR No 146 of 1977) REGULATION 15 15 FORMS OF SUMMONS
A summons under subsection 40(1A) of the Act:
(a) shall be in accordance with Form 7, 8 or 9, as the case requires; and
(b) shall be served on a person by:
(i) delivering a copy of the summons to the person personally; and
(ii) showing the original of the summons to the person at the time at which the copy is delivered to him.
A person summoned to appear as a witness before the Tribunal shall be paid such fees, and allowances for expenses, in respect of his attendance, in accordance with Schedule 2, as determined by the Tribunal or by a presidential member.
(Omitted by SR No 348 of 1997) REGULATION 18 ADDRESS FOR SERVICE 18(1)
In this regulation:
"lodge an address for service"
, in relation to a person, means give to the Registrar notice in writing of an address at which documents relating to a proceeding may be sent to that person.
18(2)
A person may:
(a) lodge an address for service of documents in a proceeding; and
(b) at any time after lodging an address for service in a proceeding, lodge a new address for service in that proceeding.
18(3)
If a person lodges with the Registrar a new address for service under paragraph (2)(b):
(a) that new address becomes the person's address for service in the proceeding; and
(b) he or she must, immediately after doing so, serve on every other party to the proceeding a notice of that new address for service.
In this regulation:
(a) a notice (other than a notice referred to in section 67A of the Act); and
(b) a statement.
18A(2)
A document may be served:
(a) by personal service in the way set out in subregulation (3), (4), (5) or (6), as the case requires; or
(b) by post in the way set out in subregulation (7).
18A(3)
A document may be served on an individual by handing a copy of it to him or her, or putting it down in his or her presence, and telling him or her its general nature.
18A(4)
If the person to be served has lodged an address for service, a document may be served by handing a copy of it to a person at that address who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
18A(5)
A document may be served on an individual who has not lodged an address for service at his or her residential or business address last known to the person serving the document, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
18A(6)
A document may be served on a corporation that has not lodged an address for service at its registered office, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, the address of that office.
18A(7)
A document may be served on a person by post by enclosing it in a prepaid letter addressed to the person at the address that is the person's address for service under regulation 18 or, if the person has not lodged an address for service under that regulation, at:
(a) in the case of an individual - his or her residential or business address last known to the person posting the document; or
(b) in the case of a corporation - its registered office.
18A(8)
If a document is served by post in accordance with subregulation (7), it is taken to be served on the day it is posted.
REGULATION 19 PRESCRIBED FEES - GENERAL 19(1)
Subject to this regulation, a fee of $777 (in this regulation called an application fee ) is payable for lodging with the Tribunal of:
(a) an application for review of a decision, other than a relevant taxation decision within the meaning of Part IIIAA of the Act; or
(b) an application under subsection 28(1AC) of the Act; or
(c) an application under subsection 62(2) of the Freedom of Information Act 1982;
other than an application for review of a prescribed decision.
Note:
This fee is subject to increase under regulation 19A.
[ CCH Note: This fee will increase every 2 years: reg 19A and 19B. See www.aat.gov.au/FormsAndFees/Fees.htm for current information on fees.
From 1 July 2014, the application fee prescribed by reg 19(1) is $861 (Commonwealth of Australia Gazette, GN 1009, 23 June 2014, p 11, available at www.comlaw.gov.au).]
19(2)
In this regulation, prescribed decision means:
(a) a decision specified in Schedule 3; or
(b) a decision reviewable under the Freedom of Information Act 1982, being a decision made in relation to a document that relates to a decision specified in Schedule 3.
19(3)
Subregulation (1) does not apply to a referral of a decision (being a referral that is deemed by an enactment to constitute an application to the Tribunal for review of the decision) where a fee is payable under a provision of that or another enactment on the lodgment of a request to refer the decision to the Tribunal.
19(4)
(Repealed by SLI No 89 of 2013)
19(5)
If 2 or more applications:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time;
the Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable for those applications.
19(6)
A fee of $100 is payable instead of the application fee if:
(a) the person liable to pay the application 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 application fee relates; or
(b) the person liable to pay the application fee is:
(i) the holder of one of the following cards issued by the Department of Family and Community Services:
(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 Family and Community Services 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 a youth allowance, or an austudy payment, within the meaning of the Social Security Act 1991; or
(vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme.
19(6A)
If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay an application fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may order that a fee of $100 is payable instead of the application fee.
19(6B)
The fee for lodging an application is payable when the application is lodged.
19(6C)
If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
19(6D)
If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
19(7)
A person who has paid an application fee or a fee mentioned in subregulation (6) or (6A) is entitled to a refund of the fee if the fee was not payable.
19(8)
A person is entitled to a refund (the refund amount ), if:
(a) the person paid an application fee but was liable to pay the fee mentioned in subregulation (6); or
(b) the person paid an application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
19(9)
The refund amount is:
(a) if the application was lodged before 1 November 2010 - the application fee; and
(b) if the application is lodged on or after 1 November 2010 - the difference between the application fee and $100.
In this regulation:
lower application fee and standard application fee
have the respective meanings given in section 24AA of the Act.
19AA(2)
For Part IIIAA of the Act:
(a) the amount of a lower application fee is $77; and
(b) the amount of a standard application fee is $777.
Note:
For Part IIIAA of the Act, a "lower application fee" is payable in respect of an application for the review of a relevant taxation decision if subsection 24AC(1) of the Act applies in respect of the hearing and determination of the application. A "standard application fee" is payable in respect of the application if subsection 24AC(1) does not apply.
[ CCH Note: These fees will increase every 2 years: reg 19A and 19B. See www.aat.gov.au/FormsAndFees/Fees.htm for current information on fees.
From 1 July 2014, the lower application fee is $85, and the standard application fee is $861 (Commonwealth of Australia Gazette, GN 1009, 23 June 2014, p 11, available at www.comlaw.gov.au).]
19AA(3)
(Repealed by SLI No 89 of 2013)
19AA(4)
For paragraph 24AD(2)(c) of the Act, if no direction is given by the Tribunal for the period within which an additional fee must be paid, the prescribed period is 28 days from the date of making of the order.
19AA(5)
The Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable in relation to 2 or more applications for which the same fee is payable, if they:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time.
19AA(6)
Subregulation (6A) applies to a person if:
(a) the person is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General; or
(b) the person is:
(i) the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:
(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 Families, Housing, Community Services and Indigenous Affairs or the Department of Veterans' Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) receiving youth allowance or Austudy payment, within the meaning of the Social Security Act 1991; or
(vi) receiving benefit under ABSTUDY, within the meaning of the Social Security Act 1991.
19AA(6A)
If a person mentioned in subregulation (6) is liable to pay a standard application fee or an additional fee:
(a) a fee of $100 is payable by the person instead of a standard application fee; and
(b) either:
(i) if the lower application fee is less than $100 - an amount equal to the difference between the lower application fee and $100 is payable by the person instead of an additional fee; or
(ii) in any other case - a fee of $100 is payable instead of an additional fee.
19AA(6B)
If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day-to-day living expenses, liabilities and assets of a person liable to pay a standard application fee or an additional fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may:
(a) order that a fee of $100 is payable instead of a standard application fee; or
(b) either:
(i) if the lower application fee is less than $100 - order that an amount equal to the difference between the lower application fee and $100 is payable instead of an additional fee; or
(ii) in any other case - order that a $100 fee is payable instead of an additional fee.
19AA(6C)
The fee for lodging an application is payable when the application is lodged.
19AA(6D)
If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
19AA(6E)
If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
19AA(7)
A person who has paid any of the following fees is entitled to a refund of the fee if the fee was not payable:
(a) the lower application fee;
(b) the standard application fee;
(c) the additional fee;
(d) the fee mentioned in paragraph (6A)(a);
(e) the fee mentioned in subparagraph (6A)(b)(i);
(f) the fee mentioned in subparagraph (6A)(b)(ii).
19AA(8)
A person is entitled to a refund (the refund amount ), if:
(a) the person paid the standard application fee but was liable to pay the lower application fee; or
(b) the person paid the standard application fee but was liable to pay the fee mentioned in paragraph (6A)(a); or
(c) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(i); or
(d) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(ii); or
(e) the person paid the standard application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant; or
(f) the person paid the lower application fee and the additional fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
19AA(9)
For subregulation (8), the refund amount is:
(a) for paragraph (8)(a) - the difference between the standard application fee and the lower application fee; and
(b) for paragraph (8)(b) - the difference between the standard application fee and the fee mentioned in paragraph (6A)(a); and
(c) for paragraph (8)(c) - the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(i); and
(d) for paragraph (8)(d) - the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(ii); and
(e) for paragraph (8)(e):
(i) if the application was lodged before 1 November 2010 - the application fee; or
(ii) if the application was lodged on or after 1 November 2010 - the difference between the application fee and $100; and
(f) for paragraph (8)(f):
(i) if the application was lodged before 1 November 2010 - the sum of the lower application fee and the additional fee; or
(ii) if the application was lodged on or after 1 November 2010 - the difference between the sum of the lower application fee and the additional fee, and $100.
19AA(10)
If:
(a) an order is made under paragraph 24AD(4)(e) of the Act in relation to applications made by a person; and
(b) the total amount of application fees paid by the person is greater than the standard application fee;
the person who paid the fees is entitled to a refund of an amount equal to the difference between the standard application fee and the total amount of the fees paid.
Note:
The effect of paragraph 24AD(4)(e) of the Act is that if an applicant has applications before the Small Taxation Claims Tribunal and the Administrative Appeals Tribunal, the Registrar, a District Registrar or a Deputy Registrar may order that 1 standard application fee is payable for all of the applications.
REGULATION 19A 19A BIENNIAL INCREASES IN FEES
Despite any other provision of these Regulations, the fees prescribed by regulations 19 (except the fees mentioned in subregulations (6) and (6A)) and 19AA (except the fees mentioned in paragraphs (6A)(a) and (6B)(a)) are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 2010.
In this regulation:
fee
means a fee prescribed by regulation 19 (except a fee mentioned in subregulation (6) or (6A)) or 19AA (except a fee mentioned in paragraph (6A)(a) or (6B)(a)).
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.
19B(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 × 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 at the end of the relevant period; and
latest CPI number is the CPI number for the last March quarter before the end of the relevant period.
19B(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.
19B(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.
19B(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.
REGULATION 20 REVIEW BY TRIBUNAL - CERTAIN FEE PAYMENT DECISIONS
A person may apply to the Tribunal for a review of any of the following decisions by the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition ofauthorised officer :
(a) under subregulation 19(5) or subregulation 19AA(5), not to order that only 1 fee is payable;
(b) under subregulation 19(6A), not to order that a fee of $100 is payable;
(c) under paragraph 19AA(6B)(a), not to order that a fee of $100 is payable;
(d) under subparagraph 19AA(6B)(b)(i) not to order that an amount equal to the difference between the lower application fee and $100 is payable;
(e) under subparagraph 19AA(6B)(b)(i) not to order that a fee of $100 is payable.
20(2)
If the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer makes a decision of that kind, a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.
20(3)
A notice under subregulation (2) must be given within 28 days of the date of the decision.
20(4)
Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.
For subsection 25(2) of the Act, a person may apply to the Tribunal for review of a decision:
(a) made in the exercise of powers conferred by a Norfolk Island enactment; and
(b) mentioned in column 2 of the table in Part 2 of Schedule 4.
20A(2)
For paragraph 25(3)(a) of the Act, a decision maker mentioned in column 3 of the table in Part 2 of Schedule 4 is specified.
If a person is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer , the Registrar may authorise the person to exercise a power or function (except the power under this regulation) in relation to an application that is:
(a) lodged at the Registry of the Tribunal caused to be established on Norfolk Island under subsection 64(1) of the Act; or
(b) listed to be heard by the Tribunal.
For subsection 24A(4) of the Act, a higher amount of $1,000,000 is prescribed.
For subparagraph 49(1)(d)(ii) of the Act, 11 is prescribed.
FORM 1
Subregulation 5(1)
Click here to see Form 1 - Application for review of decision.
FORM 2
Subregulation 5(2)
Click here to see Form 2 - Application for extension of time for lodging application for review of decision.
FORM 3
Subregulation 5(4)
Click here to see Form 3 - Notice of opposing application for extension of time for lodging application for review of decision.
FORM 4
Click here to see Form 4 - Notice or amended notice of application for review of decision.
FORM 5
Subregulation 6(1)
Click here to see Form 5 - Application to be made a party to a proceeding.
FORM 5A
Regulation 7
Click here to see Form 5A - Request for order to shorten time for lodging copies of documents.
FORM 6
Regulation 7A
Click here to see Form 6 - Request for order about the operation or implementation of a decision.
FORM 6A
Regulation 7B
Click here to see Form 6A - Request for order varying or revoking an order about the operation or implementation of a decision.
FORM 7
Regulation 15
Click here to see Form 7 - Summons to give evidence.
FORM 8
Regulation 15
Click here to see Form 8 - Summons to give evidence and produce documents.
FORM 9
Regulation 15
Click here to see Form 9 - Summons to produce documents.
Regulation 16
WITNESSES FEES AND ALLOWANCES FOR EXPENSES
1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Tribunal must be paid:
2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Tribunal must be paid:
3. A person summoned to appear as a witness before the Tribunal must be paid a reasonable amount for allowances for:
Regulation 19
PRESCRIBED DECISIONS FOR THE PURPOSES OF REGULATION 19
| Item No. | Decision |
| 1 | A decision under the First Home Owners Act 1983, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1976, the Papua New Guinea (Staffing Assistance) Act 1973, the Safety Rehabilitation and Compensation Act 1988, the Seafarers Rehabilitation and Compensation Act 1992, the Veterans' Entitlements Act 1986 or a decision that is taken, because of section 60 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994, to have been made under the Veterans' Entitlements Act 1986 |
| 1A | A decision under the family assistance law within the meaning of subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 |
| 2 | A determination under section 58B of the Defence Act 1903 |
| 3 | A decision of the Defence Force Retirement and Death Benefits Authority reviewable under section 99 of the Defence Force Retirement and Death Benefits Act 1973 |
| 3A | A decision under the Defence Service Homes Act 1918 |
| 4 | A decision under Part III of the Disability Services Act 1986 |
| 4A | A decision under the National Disability Insurance Scheme Act 2013 |
| 5 | (Omitted by SR No 276 of 1993) |
| 6 | (Omitted by SR No 276 of 1993) |
| 7 | A decision under subsection 40AA(8), 40AA(10), section 40AB, 40ABA or 40AC of the National Health Act 1953 |
| 8 | A decision under subsection 4(7) of the Nursing Homes Assistance Act 1974 |
| 9 | A decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations |
| 9A | A decision under the social security law within the meaning of subsection 23(17) of the Social Security Act 1991 |
| 10 | A reviewable decision under section 154 of the Superannuation Act 1976 |
| 11 | A decision under the Student and Youth Assistance Act 1973, other than Division 6 of Part 4A |
| 12 | A decision under the Military Rehabilitation and Compensation Act 2004 (including a decision under the Motor Vehicle Compensation Scheme determined under section 212 of the Act) |
| 13 | A decision under section 33 of the Social Services Act 1980 of Norfolk Island |
Regulation 20A
NORFOLK ISLAND ENACTMENT DECISIONSAND SPECIFIED PERSONS
PART 1 - INTERPRETATION 1 Interpretation - Schedule 4 1(1)In this Schedule, an Act (other than the Norfolk Island Act 1979) that is mentioned in either of the following refers to an Act of the Territory of Norfolk Island:
(a) subclause (2);
(b) column 2 or 3 of the table in Part 2.
1(2)
In this Schedule:
Administrator
has the meaning given by the Norfolk Island Act 1979.
authorised officer
has the meaning given by subregulation 3(1).
Authority
has the meaning given by the Bookmakers and Betting Exchange Act 1998.
Board
has the meaning given by the Liquor Act 2005.
Chief Revenue Officer
has the meaning given by the Goods and Services Tax Act 2007.
Conservator
has the meaning given by the Public Reserves Act 1997.
Collector
has the meaning given by the Customs Act 1913.
executive member
(Repealed by SLI No 1 of 2014)
inspector
has the meaning given by the Apiaries Act 1935.
Minister
has the meaning given by the Norfolk Island Act 1979.
Officer
has the meaning given by the definition of 'the officer' in subsection 3(1) of the Business Transactions (Administration) Act 2006.
Registrar of Titles
has the meaning given by the Interpretation Act 1979.
valuer-general
has the meaning given by the Land Valuation Act 2012.
PART 2 - ENACTMENT DECISIONS AND DECISION MAKERS - ACTS OF THE TERRITORY OF NORFOLK ISLAND
| Item | Decision | Decision maker |
| 1 | A decision under subsection 10(2) of the Absentee Landowners Levy Act 1976 | Minister |
| 2 | A decision under section 8 of the Animals (Importation) Act 1983 | Administrator |
| 3 | A decision under any of the following provisions of the Apiaries Act 1935:
(a) paragraph 3A(1)(c); (b) subsection 4(2); (c) subsection 12(6) |
Minister |
| 4 | A decision under paragraph 3A(2)(a) of the Apiaries Act 1935 | inspector |
| 5 | A decision under section 11 or 29 of the Associations Incorporation Act 2005 | Registrar of Associations appointed in accordance with section 4 of the Associations Incorporation Act 2005 |
| 6 | A decision under section 37 or 50 of the Associations Incorporation Act 2005 | Minister |
| 7 | A decision under section 3, 4 or 5 of the Birds Protection Act 1913 | Minister |
| 8 | A decision under any of the following provisions of the Bookmakers and Betting Exchange Act 1998:
(a) section 8; (b) subsection 11(1) or (2); (c) subsection 12(1) or (2); (d) subsection 13(1) or (2); (e) subsection 44(1) or (2) |
Authority |
| 9 | A decision under section 6, 7 or 8 of the Brands and Marks Act 1949 | Registrar of Brands and Marks appointed in accordance with section 4 of the Brands and Marks Act 1949 |
| 10 | A decision mentioned in subsection 43(1) or paragraph 43(2)(a) of the Building Act 2002 | Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000 |
| 11 | A decision mentioned in paragraph 43(2)(b) of the Building Act 2002 | authorised officer |
| 12 | A decision under section 7 or 19 of the Business Names Act 1976 | Registrar of Companies appointed in accordance with section 30 of the Companies Act 1985 |
| 13 | A decision under the Business Transactions (Administration) Act 2006 | Officer |
| 14 | A decision under subsection 9(2) of the Business Transactions (Levy Imposition) Act 2006 | Officer |
| 15 | A decision under subsection 58(1) of the Companies Act 1985 | Registrar of Companies appointed in accordance with section 30 of the Companies Act 1985 |
| 16 | Any of the following decisions under the Crown Lands Act 1996:
(a) a decision under subsection 14(1); (b) a decision related to a request made under subsection 26(1); (c) a decision under section 28 |
Administrator |
| 17 | A decision under any of the following provisions of the Customs Act 1913:
(a) subsection 2A(1); (b) section 4AA, 4ABA, 4AC, 4AAC, 4ACB or 4AD; (c) section 5CA; (d) section 8A, 8B, 8D or 8F |
Collector |
| 18 | A decision under section 13 or 14 of the Electricity (Licensing and Registration) Act 1985 | Minister |
| 19 | A decision to reject a claim made under section 91 of the Environment Act 1990 | Minister |
| 20 | A decision under paragraph 128(1)(a), (b), (c) or (d) of the Environment Act 1990 | Minister |
| 21 | A decision under paragraph 128(1), (e), (f) or (g) of the Environment Act 1990. | authorised officer |
| 22 | A decision under section 8 or subsection 14(2) of the Financial Institutions Levy Act 1985 | Minister |
| 23 | A decision under section 6 or 7 of the Fuel Levy Act 1987 | Minister |
| 24 | A decision under section 7 or 11 of the Goods and Services Tax Act 2007 | Chief Revenue Officer |
| 25 | A decision under subsection 4(2) of the Healthcare Levy Act 1990 | Minister |
| 26 | A decision under subsection 4(2) or (5) of the Land Administration Fees Act 1996 | Registrar of Titles |
| 27 | A decision under the following provisions of the Land Titles Act 1996:
(a) paragraph 138(1)(a), (b) or (c); (b) paragraph 146(2)(f) |
Registrar of Titles |
| 27A | A decision under subsection 79(1) of the Land Valuation Act 2012 | valuer-general |
| 28 | A decision under the Liquor Act 2005 in relation to any of the following:
(a) an application for the disqualification of a licensee or licensed premises; (b) an application for the appointment of a nominee of a licensee; (c) an application for any of the following actions to be taken in relation to a licence or permit: (i) grant; (ii) variation; (iii) relocation; (iv) transfer; (v) renewal; (vi) surrender; (vii) suspension; (viii) cancellation |
the Board |
| 29 | A decision under section 7, 11 or 18 of the Lotteries and Fundraising Act 1987 | Minister |
| 30 | A decision under section 7 of the Medical Practitioners Registration Act 1983 | Minister |
| 31 | A decision under any of the following provisions of the Migratory Birds Act 1980:
(a) subsection 4(3), 7(2), 9(3) or 15(1); (b) paragraph 15(2)(a) |
Minister |
| 32 | A decision under the Norfolk Island Broadcasting Act 2001 other than a decision made under subsection 10(6) of that Act | Minister |
| 33 | A decision under section 2A or 3A of the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 | Administrator |
| 34 | A decision mentioned in paragraph 78(1)(a) or (b) of the Planning Act 2002 | Minister |
| 35 | A decision mentioned in paragraph 78(1)(c) of the Planning Act 2002 | authorised officer |
| 36 | The following decisions under the Public Health Act 1996:
(a) a decision under Part 2 to issue, or include requirements in, a public health notice; (b) a decision under Part 4 to take any of the following actions in relation to a public health licence: (i) refuse to grant; (ii) refuse to issue; (iii) cancel; (iv) include conditions |
Minister |
| 37 | A decision under section 6, 7, 15A or 17 of the Tourist Accommodation Act 1984 | Minister |
| 38 | A decision under section 4 of the Tourist Accommodation (Ownership) Act 1989 | Minister |
| 39 | A decision under paragraph 31(a), (b), (c) or (d) of the Public Reserves Act 1997 | Conservator |
| 40 | A refusal to give a certificate under section 15 of the Roads Act 2002 | Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000 |
| 41 | A decision under section 33 of the Social Services Act 1980 | Administrator |
| 42 | A refusal to give a written notice under section 11 of the Subdivision Act 2002 | Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000 |
| 43 | A refusal to give an authorisation under subsection 13(1) of the Telecommunications Act 1992 | Minister |
| 44 | Any of the following decisions under the Trees Act 1997:
(a) a decision under section 9 to: (i) refuse to grant a permit; or (ii) endorse conditions on a permit; (b) a decision under section 12 to refuse to register a plantation; (c) a decision under section 17 to refuse to grant a timber licence; (d) a decision under section 18 to endorse conditions on a timber licence |
Minister |
¶60-200
Hearing Certificate
Request to Waive Application Fee
| NOTICE OF WITHDRAWAL | ||
| Applicant: | ||
| Respondent: | ||
| File No: | ||
| The Applicant does not wish to proceed with the application and hereby notifies the Tribunal that this matter is withdrawn in accordance with s. 42A(1A) of the Administrative Appeals Tribunal Act 1975. | ||
| .......................................................... | ||
| / | / |